,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efai ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,king of ,new ,york 7for himself1 ,mr4 ,fitzpatrick1 ,mr4 ,lo,biondo1 ,mr4 ,pierluisi1 ,mr4 ,pascrell1 and ,mr4 ,schneider7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to provide that for purposes of computing the annuity of certain law enforcement officers1 any hours worked in excess of the limitation applicable to law enforcement availability pay shall be included in such computation1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,,leo ,fair ,retirement ,act of #bjad4 7b7 ,findings ,congress finds the following3 7#a7 ,federal law enforcement officers are never off-duty4 ,they are counted on to respond at any time of the day or night1 regardless of their official duty status1 to protect the public safety4 ,outside of our ,nation's armed forces1 theirs is the only occupation comprised of individuals who are routinely called upon to put their lives on the line to keep ,america safe4 7#b7 ,though the ,federal ,government may house the largest variety of occupations of any ,u4,s4 employer across its panoply of agencies and entities1 ,federal law enforcement is absolutely unique among them1 and the ,federal law enforcement officer has no counterpart in the private sector4 ,it is one of the most stressful1 most dangerous1 and most rewarding careers for those who meet the rigorous requirements of the job4 7#c7 ,it was in recognition of the unique nature of the occupation1 and the demanding schedules required of those who fill its ranks1 that ,congress established distinct pay and benefit systems for ,federal law enforcement positions4 ,this includes basic pay1 retirement1 and even overtime compensation1 in the form of either ,law ,enforcement ,availability ,pay 7,,leap7 or ,administratively ,uncontrollable ,overtime 7,,auo74 7#d7 ,under current law1 ,,leap by its very nature is provided to law enforcement officers to ensure that they are available1 that they will be generally and reasonably accessible by the agency in excess of the #dj-;hour workweek to perform unscheduled duty based on the agency's needs4 7#e7 ,similarly1 ,,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 irregular1 unscheduled overtime duty4 7#f7 ,because both ,,leap and ,,auo compensation are subject to the pay caps1 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 caps4 7#g7 ,in light of the continuing homeland and national security threats facing our ,nation1 and after a three-year ,federal pay freeze1 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 paid4 #b4 ,computation of annuity for hours worked in excess of law enforcement availability pay and administratively uncontrollable overtime limitations 7a7 ,,csrs 7#a7 ,in general ,section #hcci of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7v7 7#a7 ,notwithstanding any other provision of this title1 including sections #eede;a and #eedg1 any law enforcement availability pay under section #eede;a that would have been received by an individual described under section #hcca7c77;,e7 7i7 or 7ii7 but for the limitation provided in such section #eedg shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section4 7#b7 ,notwithstanding any other provision of this title1 including section #eede7;c77#b71 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 section4 4 7#b7 ,clarification with respect to annuity limit ,the limitation provided in section #hcci7;f7 of title #e1 ,united ,states ,code1 shall apply to any annuity calculated pursuant to subsection 7v7 of such section 7as added by paragraph 7#a774 7b7 ,,fers ,section #hdae of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7o7 7#a7 ,notwithstanding any other provision of this title1 including sections #eede;a and #eedg1 any law enforcement availability pay under section #eede;a that would have been received by any individual described under section #hcca7c77;,e7 7i7 or 7ii7 but for the limitation provided in such section #eede;a or #eedg shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section4 7#b7 ,notwithstanding any other provision of this title1 including section #eede7;c77#b71 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 section4 4 7c7 ,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 ,act4