I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘LEO Fair Retirement Act of 2014’’. 


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1 (b) FINDINGS.—Congress finds the following: 

2 (1) Federal law enforcement officers are never 

3 ‘‘off-duty’’. They are counted on to respond at any 

4 time of the day or night, regardless of their official 

5 duty status, to protect the public safety. Outside of 

6 our Nation’s armed forces, theirs is the only occupa7 tion comprised of individuals who are routinely 

8 called upon to put their lives on the line to keep 

9 America safe. 

10 (2) Though the Federal Government may house 

11 the largest variety of occupations of any U.S. em12 ployer across its panoply of agencies and entities, 

13 Federal law enforcement is absolutely unique among 

14 them, and the Federal law enforcement officer has 

15 no counterpart in the private sector. It is one of the 

16 most stressful, most dangerous, and most rewarding 

17 careers for those who meet the rigorous require18 ments of the job. 

19 (3) It was in recognition of the unique nature 

20 of the occupation, and the demanding schedules re21 quired of those who fill its ranks, that Congress es22 tablished distinct pay and benefit systems for Fed23 eral law enforcement positions. This includes basic 

24 pay, retirement, and even overtime compensation, in 

25 the form of either Law Enforcement Availability Pay 


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1 (‘‘LEAP’’) or Administratively Uncontrollable Over2 time (‘‘AUO’’). 

3 (4) Under current law, LEAP by its very na4 ture is provided to law enforcement officers to en5 sure that they are ‘‘available’’, that they will be 

6 ‘‘generally and reasonably accessible by the agency’’ 

7 in excess of the 40-hour workweek to perform un8 scheduled duty based on the agency’s needs. 

9 (5) Similarly, AUO was established to provide 

10 overtime to certain law enforcement officers in posi11 tions where ‘‘the hours of duty cannot be controlled 

12 administratively’’ and that require ‘‘substantial 

13 amounts of irregular, unscheduled overtime duty’’. 

14 (6) Because both LEAP and AUO compensa15 tion are subject to the pay caps, they are payable to 

16 a Federal law enforcement officer only to the extent 

17 that the payments do not cause the aggregate of the 

18 employee’s basic pay and premium pay to exceed the 

19 established caps. 

20 (7) In light of the continuing homeland and na21 tional security threats facing our Nation, and after 

22 a three-year Federal pay freeze, it is in the interest 

23 of the Federal Government to ensure that it can 

24 continue to recruit and retain the highest caliber 

25 personnel by guaranteeing Federal law enforcement 


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1 officers full credit in retirement for overtime hours 

2 worked but never paid. 

3 SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED 

4 IN EXCESS OF LAW ENFORCEMENT AVAIL5 ABILITY PAY AND ADMINISTRATIVELY UN6 CONTROLLABLE OVERTIME LIMITATIONS. 

7 (a) CSRS.— 

8 (1) IN GENERAL.—Section 8339 of title 5, 

9 United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘(v)(1) Notwithstanding any other provision of this 

12 title, including sections 5545a and 5547, any law enforce13 ment availability pay under section 5545a that would have 

14 been received by an individual described under section 

15 8331(3)(E) (i) or (ii) but for the limitation provided in 

16 such section 5547 shall be included in the average pay 

17 of such an individual for purposes of computing the annu18 ity of such an individual under this section. 

19 ‘‘(2) Notwithstanding any other provision of this title, 

20 including section 5545(c)(2), any administratively uncon21 trollable overtime pay under such section that would have 

22 been received by an employee but for the limitation pro23 vided in such section shall be included in the average pay 

24 of such employee for purposes of computing the annuity 

25 of such employee under this section.’’. 


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1 (2) CLARIFICATION WITH RESPECT TO ANNUITY

2 LIMIT.—The limitation provided in section 8339(f) 

3 of title 5, United States Code, shall apply to any an4 nuity calculated pursuant to subsection (v) of such 

5 section (as added by paragraph (1)). 

6 (b) FERS.—Section 8415 of title 5, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘(o)(1) Notwithstanding any other provision of this 

9 title, including sections 5545a and 5547, any law enforce10 ment availability pay under section 5545a that would have 

11 been received by any individual described under section 

12 8331(3)(E) (i) or (ii) but for the limitation provided in 

13 such section 5545a or 5547 shall be included in the aver14 age pay of such an individual for purposes of computing 

15 the annuity of such an individual under this section. 

16 ‘‘(2) Notwithstanding any other provision of this title, 

17 including section 5545(c)(2), any administratively uncon18 trollable overtime pay under such section that would have 

19 been received by an employee but for the limitation pro20 vided in such section shall be included in the average pay 

21 of such employee for purposes of computing the annuity 

22 of such employee under this section.’’. 

23 (c) APPLICATION.—The amendments made by this 

24 section shall apply to any applicable annuity calculated on 


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1 or after the date that is one year after the date of enact2 ment of this Act. 

Æ 


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