Legislative Victory on TSA-OOI Retirement Fix

FLEOA Secures Legislative Victory on TSA-OOI Retirement Fix

On Friday, October 5, the President signed into law H.R. 302, a massive reauthorization bill for the Federal Aviation Administration (FAA).  With the enactment of this new public law, FLEOA recognized a significant legislative victory to overturn an egregious 2016 determination from OPM which has had a tremendous negative impact on the retirement security of the criminal investigators at the TSA Office of Inspection (TSA-OOI).  Specifically, OPM’s determination that LEAP compensation earned by TSA-OOI criminal investigators was not creditable for retirement purposes. 

As we have previously reported, FLEOA worked diligently over the summer with Senate staff to advance a legislative fix for this issue this year.  As a result, standalone legislation (S. 1896) was passed by the Senate Commerce Committee with a unanimous voice vote on June 27.  Recognizing that the calendar was against us, we then secured a commitment from Committee leaders on both sides of the aisle and the Homeland Security and Governmental Affairs Committee to include this legislation as an amendment to the FAA bill.  Our legislative language was included as section 1908 of H.R. 302, and was passed by a resounding vote in the House at the end of September.  The Senate followed suit and sent the whole package to the President less than one week later.
As enacted, this new law overturns OPM’s unprecedented and secretive efforts to strip TSA criminal investigators of their earned retirement in two important ways.  First, it will clarify current law to explicitly provide that LEAP earned by a TSA-OOI investigator is fully creditable for retirement purposes.  Second and more importantly, it will provide for full retroactive relief for retirees impacted by OPM’s decision to eliminate thousands of dollars in earned retirement income and to repay effected agents within three months of enactment.
FLEOA will continue to keep pressure on OPM and Congress to ensure that this legislation is implemented properly, as Congress intended, and as the effected agents deserve.