[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5619 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5619

 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.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 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.
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