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Bill
Notes

S. 1888 — what changed

Voluntary Separation Incentive Payment Adjustment Act of 2017

From Introduced in Senate to Reported in Senate. 1 added between Introduced in Senate and Reported in Senate.

Sec. 3 Retirement-creditable basic pay

added
(a)
added Definition of basic pay— Clause (ii) of Section 8331(3)(E) of title 5, United States Code, is amended to read as follows:

added “(ii) received after September 11, 2001, by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547;”

(b)
added Fair Labor Standards Act exemption— Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended—
(1)
added in subsection (a)(16)—
(A)
added by striking “is paid ” and inserting “is entitled to”; and
(B)
added by inserting “, or a Federal air marshal or criminal investigator employed by the Administrator of the Transportation Security Administration who is entitled to availability pay as described in section 8331(3)(E)(ii) of such title (where entitlement is determined before the application of any premium pay limitation)” before the semicolon; and
(2)
added in subsection (b)(30)—
(A)
added by striking “is paid ” and inserting “is entitled to”; and
(B)
added by inserting “, or a Federal air marshal or criminal investigator employed by the Administrator of the Transportation Security Administration who is entitled to availability pay as described in section 8331(3)(E)(ii) of such title (where entitlement is determined before the application of any premium pay limitation)” before the period.
(c)
added Effective date; applicability—
(1)
added In general— Subject to paragraph (2), this section, and the amendments made by this section, shall take effect on the first day of the first pay period commencing on or after the date of enactment of this Act.
(2)
added Retroactive application—
(A)
added In general— Any availability pay received for any pay period commencing before the date of enactment of this Act by a Federal air marshal or criminal investigator employed by the Transportation Security Administration shall be deemed basic pay under section 8331(3) of title 5, United States Code, if the Transportation Security Administration treated such pay as retirement-creditable basic pay, but the Office of Personnel Management, based on an interpretation of section 8331(3) of title 5, United States Code, did not accept such pay as retirement-creditable basic pay.
(B)
added Implementation— Not later than 90 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall commence taking such actions as are necessary to implement the amendments made by this section with respect to availability pay deemed to be basic pay under subparagraph (A).