I 
118TH CONGRESS 
1ST SESSION H. R. 1323 
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 premium 
pay shall be included in such computation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2023 
Mr. PASCRELL (for himself, Mr. BACON, Mr. FITZPATRICK, and Mr. CON-
NOLLY) introduced the following bill; which was referred to the Com-
mittee on Oversight and Accountability, and in addition to the Committee 
on Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend title 5, United States Code, to provide that for 
purposes of computing the annuity of certain law en-
forcement officers, any hours worked in excess of the 
limitation applicable to law enforcement premium pay 
shall be included in such computation, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘LEO Fair Retirement Act of 2023’’. 
(b) FINDINGS.—Congress finds the following: 
(1) Federal law enforcement officers are never 
‘‘off-duty’’. They are counted on to respond at any 
time of the day or night, regardless of their official 
duty status, to protect the public safety. Outside of 
our Nation’s Armed Forces, theirs is the only pro-
fession comprised of individuals who are routinely 
called upon to put their lives on the line to keep 
America safe. 
(2) Though the Federal Government may house 
the largest variety of occupations of any U.S. em-
ployer across its panoply of agencies and entities, 
Federal law enforcement is absolutely unique among 
them, and the Federal law enforcement officer has 
no counterpart in the private sector. It is one of the 
most stressful, most dangerous, and most rewarding 
careers for those who meet the rigorous require-
ments of the job. 
(3) It was in recognition of the unique nature 
of the occupation, and the demanding schedules re-
quired of those who fill its ranks, that Congress es-
tablished distinct pay and benefit systems for Fed-
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eral law enforcement positions. This includes basic 
pay, retirement, and even overtime compensation. 
(4) Under current law, however, the payment of 
overtime compensation is limited, and is only pay-
able to the extent that the payments do not cause 
the aggregate of the law enforcement officer’s bi-
weekly or annual pay to exceed the pay caps estab-
lished under section 5547 of title 5, United States 
Code. This often results in a law enforcement officer 
working significant amounts of overtime hours year 
after year for which the officer is never com-
pensated. 
(5) In light of the continuing homeland and na-
tional security threats facing our Nation, it is in the 
interest of the Federal Government to ensure that it 
can continue to recruit and retain the highest caliber 
personnel by allowing Federal law enforcement offi-
cers the opportunity to reclaim full credit in retire-
ment for overtime hours worked but never paid. 
SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED 
IN EXCESS OF LAW ENFORCEMENT PREMIUM 
PAY LIMITATIONS. 
(a) CSRS.— 
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(1) IN
GENERAL.—Section 8339 of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(v)(1) Notwithstanding any other provision of this 
title, including sections 5545a and 5547, and consistent 
with the requirements of paragraph (2), any premium pay 
described in section 5547(a) that would have been received 
by a law enforcement officer but for the limitation pro-
vided in such section shall be included in the average pay 
of such officer for purposes of computing the annuity of 
such officer under this section. 
‘‘(2)(A) Paragraph (1) shall not apply unless the law 
enforcement officer makes a lump-sum payment to the Of-
fice in the manner prescribed under this paragraph. 
‘‘(B) The officer may— 
‘‘(i) not later than 180 days before the date 
that the officer’s annuity will commence, request 
from the Office an estimate (expressed as a dollar 
figure) of— 
‘‘(I) the lump-sum payment described 
under subparagraph (C); 
‘‘(II) the amount of the officer’s monthly 
annuity payment if the officer elects to make 
the lump-sum payment and receive an amended 
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annuity that includes the application of para-
graph (1); and 
‘‘(III) the amount of such officer’s monthly 
annuity payment if the officer does not make 
such an election; and 
‘‘(ii) consistent with the requirements of sub-
paragraph (D), not later than 90 days after receipt 
of the estimate under clause (i), irrevocably elect to 
make the lump-sum payment to the Office. 
‘‘(C) If a law enforcement officer makes an election 
pursuant to subparagraph (B)(ii), such officer shall make 
a lump-sum payment to the Office equal to the difference 
between— 
‘‘(i) the amount that would have been contrib-
uted by the officer and the employer under section 
8334 during the 3 consecutive years used to deter-
mine average pay (as described under section 
8331(4)) if the rate of basic pay of the officer dur-
ing such period of years included any premium pay 
described in section 5547(a) that would have been 
received by a law enforcement officer but for the 
limitation provided in such section; and 
‘‘(ii) the amount that was so contributed during 
such period of years. 
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‘‘(D) The officer may elect an actuarial annuity re-
duction, consistent with regulations prescribed by the Of-
fice, in lieu of the lump-sum payment required under sub-
paragraphs (B) and (C). 
‘‘(3) In this subsection, the term ‘law enforcement of-
ficer’ has the meaning given the term ‘qualified public 
safety employee’ in section 72(t)(10) of the Internal Rev-
enue Code of 1986.’’. 
(2) CLARIFICATION WITH RESPECT TO ANNUITY 
LIMIT.—The limitation provided in section 8339(f) 
of title 5, United States Code, shall apply to any an-
nuity calculated pursuant to subsection (v) of such 
section (as added by paragraph (1)). 
(b) FERS.—Section 8415 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(o)(1) Notwithstanding any other provision of this 
title, including sections 5545a and 5547, and consistent 
with the requirements of paragraph (2), any premium pay 
described in section 5547(a) that would have been received 
by a law enforcement officer but for the limitation pro-
vided in such section shall be included in the average pay 
of such officer for purposes of computing the annuity of 
such officer under this section. 
‘‘(2) Paragraph (1) shall not apply unless the law en-
forcement officer makes a lump-sum payment to the Office 
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in the same manner as prescribed under section 
8339(v)(2). 
‘‘(3) In this subsection, the term ‘law enforcement of-
ficer’ has the meaning given the term ‘qualified public 
safety employee’ in section 72(t)(10) of the Internal Rev-
enue Code of 1986.’’. 
(c) APPLICATION.—The amendments made by sub-
sections (a) and (b) shall apply to any applicable annuity 
calculated on or after the date that is one year after the 
date of enactment of this Act. 
(d) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Director of 
the Office of Personnel Management shall promul-
gate regulations to carry out sections 8339(v) and 
8415(o) of title 5, United States Code, as added by 
subsections (a) and (b). 
(2) LUMP-SUM
PAYMENT.—Such regulations 
shall include— 
(A) procedures under which any law en-
forcement officer covered by such sections may 
make the lump-sum payment as described 
under sections 8339(v)(2) and 8415(o)(2) of 
title 5, United States Code, as added by sub-
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sections (a) and (b), from amounts within the 
officer’s Thrift Savings Fund account; and 
(B) procedures, promulgated in consulta-
tion with the Thrift Savings Board, under 
which a transfer may be made from such ac-
count to the Office of Personnel Management. 
(3) SOLICITATION
OF
PAYROLL
INFORMA-
TION.—Such regulations shall include— 
(A) guidance for agencies employing law 
enforcement officers for proper retention of 
payroll information required to carry out the 
amendments made by subsections (a) and (b), 
including, for each creditable year of service, 
the difference between the amount the law en-
forcement officer received in gross compensa-
tion and the amount that would have been re-
ceived as gross compensation but for the appli-
cation of the premium pay caps in section 5547 
of title 5, United States Code; and 
(B) procedures for the Director to solicit 
sufficient payroll information from the head of 
each applicable agency to provide for the com-
putations required by the amendments made by 
this Act. 
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SEC. 3. ELIGIBILITY FOR AVAILABILITY PAY. 
(a) IN GENERAL.—Section 5545a of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(l)(1) The provisions of subsections (a)–(h) pro-
viding for availability pay shall apply to a covered em-
ployee. For the purpose of this section, section 5542(d) 
of this title, and section 13(a)(16) and (b)(30) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and 
(b)(30)), a covered employee shall be deemed to be a crimi-
nal investigator as defined in this section. 
‘‘(2) In this subsection, the term ‘covered employee’ 
means— 
‘‘(A) a Postal Inspector (referred to in section 
1003(c) of title 39); 
‘‘(B) a criminal investigator classified under the 
GS–1811 series (or any successor series); 
‘‘(C) a Federal air marshal; 
‘‘(D) a special agent in the Diplomatic Security 
Service; 
‘‘(E) a probation officer (referred to in section 
3672 of title 18); and 
‘‘(F) a pretrial services officer (referred to in 
section 3153 of title 18).’’. 
(b) CONFORMING AMENDMENT.—Section 410(b)(11) 
of title 39, United States Code, is amended by striking 
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‘‘section 5520a’’ and inserting ‘‘sections 5520a and 
5545a’’. 
SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF 
UNCOMPENSATED LAW ENFORCEMENT PRE-
MIUM PAY. 
(a) IN GENERAL.—In the case of an individual, there 
shall be allowed as a credit against the tax imposed by 
chapter 1 of the Internal Revenue Code of 1986 for the 
taxable year an amount equal to the sum of the lump- 
sum payments made by the individual during such taxable 
year pursuant to section 8339(v)(2) or 8415(o)(2) of title 
5, United States Code, with respect to an annuity of such 
individual. 
(b) TREATED
AS
NON-REFUNDABLE
PERSONAL 
CREDIT.—For purposes of the Internal Revenue Code of 
1986, the credit allowed under subsection (a) shall be 
treated as a credit allowed under subpart A of part IV 
of subchapter A of chapter 1 of such Code. 
Æ 
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