What This Bill Does
This bill aims to fix pay issues for firefighters who work for the federal government. It changes how their pay is calculated and how their retirement benefits are figured out. The bill also tells the government to set rules about how many hours per week federal firefighters should work.
Who It Affects
Federal firefighters (people who fight fires for the U.S. government). The Office of Personnel Management (the federal agency that handles government employee rules) must write new regulations.
Key Provisions
* The bill changes how much pay counts toward retirement benefits by including overtime hours that are part of a firefighter's regular work schedule (Sec. 3)
* When calculating retirement benefits, half of a firefighter's hourly pay rate gets multiplied by the number of overtime hours in their regular work schedule and added to their average pay (Sec. 3)
* The Office of Personnel Management must create rules within one year setting a maximum regular workweek for federal firefighters, but the maximum cannot be more than an average of 60 hours per week (Sec. 4)
* The bill changes a number in pay calculations from 2756 to 2087 (Sec. 2)
What Changes
How federal firefighters' average pay is calculated for retirement purposes. Overtime hours that are part of their normal schedule will now count toward retirement benefits. The government must create new rules about maximum weekly work hours for federal firefighters.
Important Definitions
None defined in the bill text.
Effective Date
The changes apply to retirement benefits for any firefighter who leaves their job more than 60 days after this law is passed.
I
118TH CONGRESS
1ST SESSION H. R. 1235
To amend title 5, United States Code, to provide for pay equality and
the more accurate computation of retirement benefits for certain fire-
fighters employed by the Federal Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2023
Mr. CONNOLLY introduced the following bill; which was referred to the
Committee on Oversight and Accountability
A BILL
To amend title 5, United States Code, to provide for pay
equality and the more accurate computation of retire-
ment benefits for certain firefighters employed by the
Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; PURPOSES.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Federal Firefighter Pay Equity Act’’.
5
(b) PURPOSES.—The purposes of this Act are—
6
VerDate Sep 11 2014
02:54 Mar 14, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1235.IH
H1235
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 1235 IH
(1) to improve pay equality between Federal
1
firefighters, other Federal employees, and municipal
2
and other public sector firefighters;
3
(2) to enhance recruitment and retention of
4
firefighters in order to maintain the highest quality
5
of Federal fire service;
6
(3) to include the pay of all regularly reoccur-
7
ring scheduled hours during the firefighter workweek
8
when computing such retirement benefits of fire-
9
fighters; and
10
(4) to establish the regular workweek for Fed-
11
eral firefighters.
12
SEC. 2. COMPUTATION OF PAY.
13
Section 5545b(c)(1)(B) of title 5, United States
14
Code, is amended by striking ‘‘2756’’ and inserting
15
‘‘2087’’.
16
SEC. 3. COMPUTATION OF ANNUITY BASED ON CERTAIN
17
FIREFIGHTER SERVICE.
18
(a) IN GENERAL.—Section 5545b of title 5, United
19
States Code, as amended by section 2, is further amended
20
by adding at the end the following:
21
‘‘(e) For purposes of any determination of ‘average
22
pay’ under section 8331(4) or 8401(3), in the case of a
23
firefighter who is subject to subsection (b), the rate of
24
basic pay in effect for such firefighter for a year of cred-
25
VerDate Sep 11 2014
02:54 Mar 14, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1235.IH
H1235
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 1235 IH
itable service (or, in the case of an annuity under sub-
1
section (d) or (e)(1) of section 8341 or under chapter 84
2
based on less than 3 years of creditable service, for any
3
other period of creditable service) shall, in addition to the
4
amount determined under subsection (b) for such year (or
5
other period), include an amount equal to one-half the
6
firefighter’s basic hourly rate (as computed under sub-
7
section (b)(1)(A)) for such year (or other period) times
8
the number of overtime hours included as part of such
9
firefighter’s regular tour of duty during such year (or
10
other period).’’.
11
(b) CONFORMING AMENDMENTS.—Sections 8331(4)
12
and 8401(3) of title 5, United States Code, are amended
13
by striking the semicolon at the end and inserting ‘‘, sub-
14
ject to section 5545b(e);’’.
15
SEC. 4. ESTABLISHMENT OF A MAXIMUM HOURS OF FED-
16
ERAL FIREFIGHTERS’ REGULAR WORKWEEK.
17
Section 5545b of title 5, United States Code, as
18
amended by section 3, is further amended by adding at
19
the end the following:
20
‘‘(f) Not later than one year after the date of enact-
21
ment of the Federal Firefighter Pay Equity Act, the Office
22
of Personnel Management shall prescribe regulations es-
23
tablishing the maximum number of regularly reoccurring
24
hours which comprise a workweek for a firefighter covered
25
VerDate Sep 11 2014
02:54 Mar 14, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1235.IH
H1235
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 1235 IH
by this section. The maximum number of such hours shall
1
not exceed an average of 60 hours per week.’’.
2
SEC. 5. EFFECTIVE DATE.
3
The amendments made by this Act shall apply with
4
respect to any annuity entitlement to which is based on
5
a separation from service occurring after the end of the
6
60-day period beginning on the date of the enactment of
7
this Act.
8
Æ
VerDate Sep 11 2014
02:54 Mar 14, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1235.IH
H1235
kjohnson on DSK79L0C42PROD with BILLS