PolicyBrief
S. 727
119th CongressFeb 25th 2025
U.S. Customs and Border Protection Officer Retirement Technical Corrections Act
IN COMMITTEE

Corrects inequities in retirement benefits for certain U.S. Customs and Border Protection officers hired between July 6, 2008, and later, who received job offers before July 6, 2008, by adjusting transition rules to ensure they receive the retirement benefits they were entitled to.

Gary Peters
D

Gary Peters

Senator

MI

LEGISLATION

CBP Officers' Retirement Benefits Fixed: Retroactive Payments and Hiring Practice Review Ordered

The "US Customs and Border Protection Officer Retirement Technical Corrections Act" is stepping in to right a wrong for a specific group of U.S. Customs and Border Protection (CBP) officers. This bill fixes a technical error that shortchanged the retirement benefits of certain officers hired after July 6, 2008, but who had received job offers before that date. Essentially, it makes sure these officers get the retirement pay they were initially promised.

Making it Right: Annuity Corrections

This legislation ensures that affected CBP officers are treated as if they were employed on July 6, 2008, specifically for calculating retirement benefits. What does that mean in practice? They're guaranteed the minimum annuity amount outlined in the 2008 Department of Homeland Security Appropriations Act (section 535(e)(2)(C)). Plus, they're exempt from the usual mandatory retirement age requirements (section 8425(b)(1) of title 5, United States Code).

For example, imagine a CBP officer who got a job offer in June 2008 but didn't officially start until August 2008. Previously, this officer might have missed out on certain retirement benefits. This bill fixes that, ensuring they get the full benefits package they were entitled to.

Retroactive Fixes and Future-Proofing

It's not just about officers currently working. The bill also directs the Office of Personnel Management (OPM) to make retroactive annuity corrections for officers who already retired and were affected by this error. The Secretary of Homeland Security has 120 days from the bill's enactment to identify eligible individuals, notify them, and get the ball rolling with OPM. In some cases, the Secretary can even retroactively waive maximum entry age requirements to ensure officers can retire immediately with the corrected benefits.

To prevent this from happening again, the bill mandates a review of CBP hiring practices. The Comptroller General of the United States will be scrutinizing how CBP determines eligibility for these benefits, checking their internal controls, personnel file policies, and even the training given to senior executives. A report detailing these findings will be sent to the Senate and House Homeland Security Committees within 18 months.

Real World Rollout

This means that if you are one of the CBP officers affected, you will get a notification and any back pay you are owed. It also means that the processes that led to this issue in the first place are going to be reviewed and improved, so others don't face the same problem down the line. While the OPM and the Secretary of Homeland Security will issue specific guidelines, the core impact is clear: fairer retirement benefits and a push for greater accountability within CBP's hiring and benefit administration.