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 avail-
ability 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 en-
forcement 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘LEO Fair Retirement Act of 2014’’. 
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(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 occupa-
tion 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-
eral law enforcement positions. This includes basic 
pay, retirement, and even overtime compensation, in 
the form of either Law Enforcement Availability Pay 
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(‘‘LEAP’’) or Administratively Uncontrollable Over-
time (‘‘AUO’’). 
(4) Under current law, LEAP by its very na-
ture is provided to law enforcement officers to en-
sure that they are ‘‘available’’, that they will be 
‘‘generally and reasonably accessible by the agency’’ 
in excess of the 40-hour workweek to perform un-
scheduled duty based on the agency’s needs. 
(5) Similarly, AUO was established to provide 
overtime to certain law enforcement officers in posi-
tions where ‘‘the hours of duty cannot be controlled 
administratively’’ and that require ‘‘substantial 
amounts of irregular, unscheduled overtime duty’’. 
(6) Because both LEAP and AUO compensa-
tion are subject to the pay caps, they are payable to 
a Federal law enforcement officer only to the extent 
that the payments do not cause the aggregate of the 
employee’s basic pay and premium pay to exceed the 
established caps. 
(7) In light of the continuing homeland and na-
tional security threats facing our Nation, and after 
a three-year Federal pay freeze, it is in the interest 
of the Federal Government to ensure that it can 
continue to recruit and retain the highest caliber 
personnel by guaranteeing Federal law enforcement 
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officers full credit in retirement for overtime hours 
worked but never paid. 
SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED 
IN EXCESS OF LAW ENFORCEMENT AVAIL-
ABILITY PAY AND ADMINISTRATIVELY UN-
CONTROLLABLE OVERTIME LIMITATIONS. 
(a) CSRS.— 
(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, any law enforce-
ment availability pay under section 5545a that would have 
been received by an individual described under section 
8331(3)(E) (i) or (ii) but for the limitation provided in 
such section 5547 shall be included in the average pay 
of such an individual for purposes of computing the annu-
ity of such an individual under this section. 
‘‘(2) Notwithstanding any other provision of this title, 
including section 5545(c)(2), any administratively uncon-
trollable overtime pay under such section that would have 
been received by an employee but for the limitation pro-
vided in such section shall be included in the average pay 
of such employee for purposes of computing the annuity 
of such employee under this section.’’. 
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(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, any law enforce-
ment availability pay under section 5545a that would have 
been received by any individual described under section 
8331(3)(E) (i) or (ii) but for the limitation provided in 
such section 5545a or 5547 shall be included in the aver-
age pay of such an individual for purposes of computing 
the annuity of such an individual under this section. 
‘‘(2) Notwithstanding any other provision of this title, 
including section 5545(c)(2), any administratively uncon-
trollable overtime pay under such section that would have 
been received by an employee but for the limitation pro-
vided in such section shall be included in the average pay 
of such employee for purposes of computing the annuity 
of such employee under this section.’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply to any applicable annuity calculated on 
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or after the date that is one year after the date of enact-
ment of this Act. 
Æ 
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