,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #bhbh  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ag1 #bjai,mr4  
,king of ,new ,york 7for himself1 ,mr4  
,pascrell1 ,ms4 ,norton1 ,mr4           
,fitzpatrick1 ,mr4 ,garamendi1 ,mr4     
,connolly1 and ,mr4 ,swalwell of        
,california7 introduced the following   
bill2 which was referred to the         
,committee on ,oversight and ,reform1   
and in addition to the ,committee on    
,ways and ,means1 for a period to be    
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,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 premium  
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 #bjai4  
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 profession 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 compensation4  7#d7   
,under current law1 however1 the payment
 of overtime compensation is limited1   
and is only payable to the extent that  
the payments do not cause the aggregate 
of the law enforcement officer's        
biweekly or annual pay to exceed the pay
 caps established under section #eedg of
 title #e1 ,united ,states ,code4 ,this 
often results in a law enforcement      
officer working significant amounts of  
overtime hours year after year for which
 the officer is never compensated4  7#e7
 ,in light of the continuing homeland   
and national security threats facing our
 ,nation1 it is in the interest of the  
,federal ,government to ensure that it  
can continue to recruit and retain the  

highest caliber personnel by allowing   
,federal law enforcement officers the   
opportunity to reclaim full credit in   
retirement for overtime hours worked but
 never paid4  #b4 ,computation of       
annuity for hours worked in excess of   
law enforcement premium pay 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 and consistent with the      
requirements of paragraph 7#b71 any     
premium pay described in section        
#eedg7;a7 that would have been received 
by a law enforcement officer but for the
 limitation provided in such section    
shall be included in the average pay of 
such officer for purposes of computing  
the annuity of such officer under this  
section4  7#b7  7,a7 ,paragraph 7#a7    
shall not apply unless the law          
enforcement officer makes a lump-sum    

payment to the ,office in the manner    
prescribed under this paragraph4  7,b7  
,the officer may-- 7i7 not later than   
#ahj days before the date that the      
officer's annuity will commence1 request
 from the ,office an estimate 7expressed
 as a dollar figure7 of--  7,i7 the     
lump-sum payment described under        
subparagraph 7,c72  7,,ii7 the amount of
 the officer's monthly annuity payment  
if the officer elects to make the       
lump-sum payment and receive an amended 
annuity that includes the application of
 paragraph 7#a72 and  7,,iii7 the amount
 of such officer's monthly annuity      
payment if the officer does not make    
such an election2 and  7ii7 consistent  
with the requirements of subparagraph   
7,d71 not later than #ij days after     
receipt of the estimate under clause    
7i71 irrevocably elect to make the      
lump-sum payment to the ,office4  7,c7  
,if a law enforcement officer makes an  
election pursuant to subparagraph       
7,b77ii71 such officer shall make a     

lump-sum payment to the ,office equal to
 the difference between--  7i7 the      
amount that would have been contributed 
by the officer and the employer under   
section #hccd during the #c consecutive 
years used to determine average pay 7as 
described under section #hcca7d77 if the
 rate of basic pay of the officer during
 such period of years included any      
premium pay described in section        
#eedg7;a7 that would have been received 
by a law enforcement officer but for the
 limitation provided in such section2   
and  7ii7 the amount that was so        
contributed during such period of years4
  7,d7 ,the officer may elect an        
actuarial annuity reduction1 consistent 
with regulations prescribed by the      
,office1 in lieu of the lump-sum payment
 required under subparagraphs 7,b7 and  
7,c74  7#c7 ,in this subsection1 the    
term law enforcement officer has the    
meaning given the term qualified public 
safety employee in section #gb7t77#aj7  
of the ,internal ,revenue ,code of      

#aihf4  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 and consistent with the      
requirements of paragraph 7#b71 any     
premium pay described in section        
#eedg7;a7 that would have been received 
by a law enforcement officer but for the
 limitation provided in such section    
shall be included in the average pay of 
such officer for purposes of computing  
the annuity of such officer under this  
section4  7#b7 ,paragraph 7#a7 shall not
 apply unless the law enforcement       
officer makes a lump-sum payment to the 
,office in the same manner as prescribed

 under section #hcci7v77#b74  7#c7 ,in  
this subsection1 the term law           
enforcement officer has the meaning     
given the term qualified public safety  
employee in section #gb7t77#aj7 of the  
,internal ,revenue ,code of #aihf4  4   
7c7 ,application ,the amendments made by
 subsection 7a7 and 7b7 shall apply to  
any applicable annuity calculated on or 
after the date that is one year after   
the date of enactment of this ,act4  7d7
 ,regulations  7#a7 ,in general ,not    
later than #a year after the date of    
enactment of this ,act1 the ,director of
 the ,office of ,personnel ,management  
shall promulgate regulations to carry   
out sections #hcci7v7 and #hdae7o7 of   
title #e1 ,united ,states ,code1 as     
added by subsections 7a7 and 7b74  7#b7 
,lump-sum payment ,such regulations     
shall include-- 7,a7 procedures under   
which any law enforcement officer       
covered by such sections may make the   
lump-sum payment as described under     
sections #hcci7v77#b7 and #hdae7o77#b7  

of title #e1 ,united ,states ,code1 as  
added by subsections 7a7 and 7b71 from  
amounts within the officer's ,thrift    
,savings ,fund account2 and  7,b7       
procedures1 promulgated in consultation 
with the ,thrift ,savings ,board1 under 
which a transfer may be made from such  
account to the ,office of ,personnel    
,management4  7#c7 ,solicitation of     
payroll information ,such regulations   
shall include-- 7,a7 guidance for       
agencies employing law enforcement      
officers for proper retention of payroll
 information required to carry out the  
amendments made by subsection 7a7 and   
7b71 including1 for each creditable year
 of service1 the difference between the 
amount the law enforcement officer      
received in gross compensation and the  
amount that would have been received as 
gross compensation but for the          
application of the premium pay caps in  
section #eedg of title #e1 ,united      
,states ,code2 and  7,b7 procedures for 
the ,director to solicit sufficient     

payroll information from the head of    
each applicable agency to provide for   
the computations required by the        
amendments made by this ,act4  #c4      
,eligibility for availability pay for   
,postal ,inspectors  7a7 ,in general    
,section #eede;a of title #e1 ,united   
,states ,code1 is amended by adding at  
the end the following3  7l7 ,the        
provisions of subsections 7a7-7h7       
providing for availability pay shall    
apply to a ,postal ,inspector4 ,for the 
purpose of this section1 section        
#eedb7;d7 of this title1 and section    
#ac7;a77#af7 and 7b77#cj7 of the ,fair  
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bac7;a77#af7 and 7b77#cj771 a
 ,postal ,inspector shall be deemed to  
be a criminal investigator as defined in
 this section4 ,for purposes of this    
subsection1 the term ,postal ,inspector 
has the meaning given such term under   
section #ajjc7;c7 of title #ci4  4  7b7 
,conforming amendment ,section          
#daj7;b77#aa7 of title #ci1 ,united     

,states ,code1 is amended by striking   
,section #eebj;a and inserting ,sections
 #eebj;a and #eede;a4  #d4 ,credit for  
certain lump-sum payments of            
uncompensated law enforcement premium   
pay  7a7 ,in general ,in the case of an 
individual1 there shall be allowed as a 
credit against the tax imposed by       
chapter #a of the ,internal ,revenue    
,code of #aihf for the taxable year an  
amount equal to the sum of the lump-sum 
payments made by the individual during  
such taxable year pursuant to section   
#hcci7v77#b7 or #hdae7o77#b7 of title   
#e1 ,united ,states ,code1 with respect 
to an annuity of such individual4  7b7  
,treated as non-,refundable personal    
credit ,for purposes of the ,internal   
,revenue ,code of #aihf1 the credit     
allowed under subsection 7a7 shall be   
treated as a credit allowed under       
subpart ,a of part ,,iv of subchapter ,a
 of chapter #a of such ,code4