Capitol Police Retirement Reform Act of 2021
Bill: H.R.4222 | Sponsor: Rep. Connolly, Gerald E. (D-VA)
Policy area: Congress

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

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Capitol Police Retirement Reform Act 
of 2021''.

SEC. 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'' at the end;
            (2) in subparagraph (I), by inserting ``and'' after the 
        semicolon;
            (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.) by operation of section 102(a)(1) of the 
                Congressional Accountability Act of 1995 (2 U.S.C. 
                1302(a)(1)), for up to an amount equal to 50 percent of 
                any annual 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 subparagraph (J) 
        (as added by paragraph (3)), by striking ``subparagraphs (B) 
        through (I) of this paragraph'' 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 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     Then, the percentage allowable is:
        performed, on or after the 
        date of enactment of this 
        subsection 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).
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