H.R. 5619 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5619 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. King of New York (for himself, Mr. Fitzpatrick, Mr. LoBiondo, Mr. Pierluisi, Mr. Pascrell, and Mr. Schneider) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement availability pay shall be included in such computation, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the LEO Fair Retirement Act of 2014. (b) Findings Congress finds the following: (1) Federal law enforcement officers are never off-duty. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation’s armed forces, theirs is the only occupation comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation, in the form of either Law Enforcement Availability Pay (LEAP) or Administratively Uncontrollable Overtime (AUO). (4) Under current law, LEAP by its very nature is provided to law enforcement officers to ensure that they are available, that they will be generally and reasonably accessible by the agency in excess of the 40-hour workweek to perform unscheduled duty based on the agency’s needs. (5) Similarly, AUO was established to provide overtime to certain law enforcement officers in positions where the hours of duty cannot be controlled administratively and that require substantial amounts of irregular, unscheduled overtime duty. (6) Because both LEAP and AUO compensation are subject to the pay caps, they are payable to a Federal law enforcement officer only to the extent that the payments do not cause the aggregate of the employee’s basic pay and premium pay to exceed the established caps. (7) In light of the continuing homeland and national security threats facing our Nation, and after a three-year Federal pay freeze, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by guaranteeing Federal law enforcement officers full credit in retirement for overtime hours worked but never paid. 2. Computation of annuity for hours worked in excess of law enforcement availability pay and administratively uncontrollable overtime limitations (a) CSRS (1) In general Section 8339 of title 5, United States Code, is amended by adding at the end the following: (v) (1) Notwithstanding any other provision of this title, including sections 5545a and 5547, any law enforcement availability pay under section 5545a that would have been received by an individual described under section 8331(3)(E) (i) or (ii) but for the limitation provided in such section 5547 shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section. (2) Notwithstanding any other provision of this title, including section 5545(c)(2), any administratively uncontrollable overtime pay under such section that would have been received by an employee but for the limitation provided in such section shall be included in the average pay of such employee for purposes of computing the annuity of such employee under this section. . (2) Clarification with respect to annuity limit The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS Section 8415 of title 5, United States Code, is amended by adding at the end the following: (o) (1) Notwithstanding any other provision of this title, including sections 5545a and 5547, any law enforcement availability pay under section 5545a that would have been received by any individual described under section 8331(3)(E) (i) or (ii) but for the limitation provided in such section 5545a or 5547 shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section. (2) Notwithstanding any other provision of this title, including section 5545(c)(2), any administratively uncontrollable overtime pay under such section that would have been received by an employee but for the limitation provided in such section shall be included in the average pay of such employee for purposes of computing the annuity of such employee under this section. . (c) Application The amendments made by this section shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act.