Capitol Police Retirement Reform Act of 2021

To amend title 5, United States Code, to include certain overtime pay received by members of the Capitol Police in the computation of annuities for such members, and for other purposes. 1. Short title This Act may be cited as the Capitol Police Retirement Reform Act of 2021 2. FLSA overtime compensation included as basic pay of members of Capitol Police (a) In general Section 8331(3) of title 5, United States Code, is amended— (1) in subparagraph (H), by striking and (2) in subparagraph (I), by inserting and (3) by inserting after subparagraph (I) the following: (J) with respect to a member of the Capitol Police, overtime pay received on or after the date of enactment of this subparagraph for overtime under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. 2 U.S.C. 1302(a)(1) 19 U.S.C. 267(c)(1) ; and (4) in the undesignated matter following subparagraph (J) (as added by paragraph (3)), by striking subparagraphs (B) through (I) of this paragraph subparagraphs (B) through (J) of this paragraph, (b) Implementation (1) In general Section 8415 of title 5, United States Code, is amended by adding at the end the following: (o) (1) No part of overtime pay (as described in section 8331(3)(J)) paid to a member of the Capitol Police shall be treated as basic pay for purposes of any computation of an annuity under this section, unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service (whether performed before, on, or after the date of the enactment of this subsection). (2) If the condition under paragraph (1) is met, then any amounts received by the individual in the form of such overtime pay shall (for the purposes referred to in paragraph (1)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: If the total amount of service performed, on or after the date of enactment of this subsection is: Then, the percentage allowable is: Less than 4 years 50 At least 4 but less than 8 years 75 At least 8 years 100. (3) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as overtime pay (as described in section 8331(3)(J)) shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay for purposes of computing— (A) an annuity under section 8452; and (B) a survivor annuity under subchapter IV, if based on the service of an individual who dies before separating from service. . (2) Information Not less than once every year following the date of enactment of this section, the United States Capitol Police shall provide information to the Office of Personnel Management for the purposes of carrying out this section and the amendments made by this section, including information used to determine the normal-cost percentage (as that term is defined in section 8401 of title 5, United States Code). (c) Technical amendment The second instance of subsection (s) (relating to physician comparability allowance) of section 8339 of title 5, United States Code, is redesiganted as subsection (t).

Summary: Capitol Police Retirement Reform Act of 2021 This bill revises the treatment of overtime pay for members of the U.S. Capitol Police for purposes of calculating certain annuity benefits, including benefits received upon a member's retirement. Specifically, the bill categorizes overtime pay as basic pay, subject to annual statutory maximums. (Basic pay is used to calculate a member's average earnings amount upon which benefits are based.) Overtime pay may only be treated as basic pay for purposes of a retirement annuity calculation under the Federal Employees Retirement System if the retiring member has completed at least 15 years of service. Further, such overtime pay may only be treated as basic pay if earned on or after the date of enactment, and only to the extent of the percentage allowable based upon the amount of service as set forth in this bill. However, 100% of all amounts received as overtime pay by members of the Capitol Police earned on or after the date of enactment are treated as basic pay for purposes of computing a disability annuity; and a survivor annuity, if based on the service of an individual who dies before separating from service.