Federal Firefighter Pay Equity Act

H.R. 1235 · 118th Congress · Feb 28, 2023 · Lineage

A BILL

To amend title 5, United States Code, to provide for pay equality and the more accurate computation of retirement benefits for certain firefighters employed by the Federal Government, and for other purposes.

Section 1 Short title; purposes

(a)

Short title— This Act may be cited as the “Federal Firefighter Pay Equity Act”.

(b)

Purposes— The purposes of this Act are—

(1)

to improve pay equality between Federal firefighters, other Federal employees, and municipal and other public sector firefighters;

(2)

to enhance recruitment and retention of firefighters in order to maintain the highest quality of Federal fire service;

(3)

to include the pay of all regularly reoccurring scheduled hours during the firefighter workweek when computing such retirement benefits of firefighters; and

(4)

to establish the regular workweek for Federal firefighters.

Sec. 2 Computation of pay

Section 5545b(c)(1)(B) of title 5, United States Code, is amended by striking “2756” and inserting “2087”.

Sec. 3 Computation of annuity based on certain firefighter service

(a)

In general— Section 5545b of title 5, United States Code, as amended by section 2, is further amended by adding at the end the following:

“(e) For purposes of any determination of average pay under section 8331(4) or 8401(3), in the case of a firefighter who is subject to subsection (b), the rate of basic pay in effect for such firefighter for a year of creditable service (or, in the case of an annuity under subsection (d) or (e)(1) of section 8341 or under chapter 84 based on less than 3 years of creditable service, for any other period of creditable service) shall, in addition to the amount determined under subsection (b) for such year (or other period), include an amount equal to one-half the firefighter’s basic hourly rate (as computed under subsection (b)(1)(A)) for such year (or other period) times the number of overtime hours included as part of such firefighter’s regular tour of duty during such year (or other period).”

(b)

Conforming amendments— Sections 8331(4) and 8401(3) of title 5, United States Code, are amended by striking the semicolon at the end and inserting “, subject to section 5545b(e);”.

Sec. 4 Establishment of a maximum hours of Federal firefighters’ regular workweek

Section 5545b of title 5, United States Code, as amended by section 3, is further amended by adding at the end the following:

“(f) Not later than one year after the date of enactment of the Federal Firefighter Pay Equity Act, the Office of Personnel Management shall prescribe regulations establishing the maximum number of regularly reoccurring hours which comprise a workweek for a firefighter covered by this section. The maximum number of such hours shall not exceed an average of 60 hours per week.”

Sec. 5 Effective date

The amendments made by this Act shall apply with respect to any annuity entitlement to which is based on a separation from service occurring after the end of the 60-day period beginning on the date of the enactment of this Act.