I 
117TH CONGRESS 
1ST SESSION H. R. 4222 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2021 
Mr. CONNOLLY (for himself, Mr. RYAN, and Ms. WEXTON) introduced the fol-
lowing bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committee on Oversight and Reform, 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 com-
mittee concerned 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Capitol Police Retire-
ment Reform Act of 2021’’. 
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SEC. 2. FLSA OVERTIME COMPENSATION INCLUDED AS 
BASIC PAY OF MEMBERS OF CAPITOL PO-
LICE. 
(a) IN GENERAL.—Section 8331(3) of title 5, United 
States Code, is amended— 
(1) in subparagraph (H), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (I), by inserting ‘‘and’’ 
after the semicolon; 
(3) by inserting after subparagraph (I) the fol-
lowing: 
‘‘(J) with respect to a member of the Cap-
itol 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.) by operation of 
section 102(a)(1) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1302(a)(1)), for 
up to an amount equal to 50 percent of any an-
nual statutory maximum in overtime pay for 
customs officers set pursuant to section 5(c)(1) 
of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1));’’; and 
(4) in the undesignated matter following sub-
paragraph (J) (as added by paragraph (3)), by strik-
ing ‘‘subparagraphs (B) through (I) of this para-
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graph’’ and inserting ‘‘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 sec-
tion 8331(3)(J)) paid to a member of the Capitol Police 
shall be treated as basic pay for purposes of any computa-
tion 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 per-
formed on or after the date of the enactment of this sub-
section, 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 ........................................................................
At least 4 but less than 8 years ..................................................
At least 8 years ............................................................................
100. 
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‘‘(3) Notwithstanding any other provision of this sub-
section, 100 percent of all amounts received as overtime 
pay (as described in section 8331(3)(J)) shall, to the ex-
tent 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 infor-
mation to the Office of Personnel Management for 
the purposes of carrying out this section and the 
amendments made by this section, including infor-
mation used to determine the normal-cost percent-
age (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 al-
lowance) of section 8339 of title 5, United States Code, 
is redesiganted as subsection (t). 
Æ 
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