I 

111TH CONGRESS 

1ST SESSION H. R. 3186 

To provide for the more accurate computation of retirement benefits for 

certain firefighters employed by the Federal Government. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2009 

Mr. CONNOLLY of Virginia introduced the following bill; which was referred 

to the Committee on Oversight and Government Reform 

A BILL 

To provide for the more accurate computation of retirement 

benefits for certain firefighters employed by the Federal 

Government. 

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. 

4 This Act may be cited as the ‘‘Federal Firefighter 

5 Pay Equity Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) certain firefighters employed by the Federal 

9 Government are required by law to work a regular 

10 tour of duty consisting of 72 hours per week; 


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1 (2) 19 of those 72 hours per week are consid2 ered to be overtime hours for purposes of computing 

3 pay; 

4 (3) the pay computed for those 19 overtime 

5 hours each week are not accurately accounted for 

6 when computing such firefighters’ retirement bene7 fits; and 

8 (4) those inaccurate retirement computations 

9 have led to reduced retirement benefits for Federal 

10 firefighters. 

11 (b) PURPOSE.—The purpose of this Act is to correct 

12 the manner in which retirement benefits for Federal fire13 fighters are computed so as to account for pay earned for 

14 regularly scheduled overtime hours during a normal tour 

15 of duty. 

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, is amended by adding at the end the fol20 lowing: 

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 cred25 itable service (or, in the case of an annuity under subVerDate Nov 24 2008 02:13 Jul 14, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3186.IH H3186

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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 sub7 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 ‘‘, sub14 ject to section 5545b(e);’’. 

15 SEC. 4. EFFECTIVE DATE. 

16 The amendments made by this Act shall apply with 

17 respect to any annuity, entitlement to which is based on 

18 a separation from service occurring after the end of the 

19 60-day period beginning on the date of the enactment of 

20 this Act. 

Æ 


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