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5 U.S.C. § 5545b — Pay for firefighters

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5545b — Pay for firefighters

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Source file: Laws/federal/codes/united-states-code/title-5/section-5545b-pay-for-firefighters--87784143da.md
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Source location: Title 5, Chapter 55, § 5545b; chapter-055-pay-administration.md

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**(a)** This section applies to an employee whose position is classified in the firefighter occupation in conformance with the GS–081 standard published by the Office of Personnel Management, and whose normal work schedule, as in effect throughout the year, consists of regular tours of duty which average at least 106 hours per biweekly pay period. **(b)** (1) If the regular tour of duty of a firefighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay— (A) paragraph (1) of such section shall be deemed to require that the annual rate be divided by 2756 to derive the hourly rate; and (B) the computation of such firefighter’s daily, weekly, or biweekly rate shall be based on the hourly rate under subparagraph (A); (2) For the purpose of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include an amount equal to the firefighter’s basic hourly rate (as computed under paragraph (1)(A)) for all hours in such firefighter’s regular tour of duty (including overtime hours). **(c)** (1) If the regular tour of duty of a firefighter subject to this section includes a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay— (A) the provisions of such section shall apply to the hours within the basic 40-hour workweek; (B) for hours outside the basic 40-hour workweek, such section shall be deemed to require that the hourly rate be derived by dividing the annual rate by 2756; and (C) the computation of such firefighter’s daily, weekly, or biweekly rate shall be based on subparagraphs (A) and (B), as each applies to the hours involved. (2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include— (A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour workweek; and (B) an amount equal to the firefighter’s basic hourly rate (as computed under paragraph (1)(B)) for all hours outside the basic 40-hour workweek that are within such firefighter’s regular tour of duty (including overtime hours). **(d)** (1) A firefighter who is subject to this section shall receive overtime pay in accordance with section 5542, but shall not receive premium pay provided by other provisions of this subchapter. (2) For the purpose of applying section 7(k) of the Fair Labor Standards Act of 1938 to a firefighter who is subject to this section, no violation referred to in such section 7(k) shall be deemed to have occurred if the requirements of section 5542(a) are met, applying section 5542(a) as provided in subsection (f) of that section: Provided, That the overtime hourly rate of pay for such firefighter shall in all cases be an amount equal to one and one-half times the firefighter’s hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable. (3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters’ biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected. (4) Notwithstanding section 8114(e)(1), overtime pay for a firefighter subject to this section for hours in a regular tour of duty shall be included in any computation of pay under section 8114.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 4109 — Expenses of training

**(a)** The head of an agency, under the regulations prescribed under [section 4118(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4118/a/8&num=0&edition=prelim) and from appropriations or other funds available to the agency, may— (1) pay all or a part of the pay (except overtime, holiday, or night differential pay) of an employee of the agency selected and assigned for training under this chapter, for the period of training; and (2) pay, or reimburse the employee for, all or a part of the necessary expenses of the training, without regard to section 3324(a) and (b) of title 31, including among the expenses the necessary costs of— (A) travel and per diem instead of subsistence under subchapter I of chapter 57 of this title or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 405 and 452 of title 37, and the Joint Travel Regulations for the Uniformed Services; (B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under [section 5724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5724&num=0&edition=prelim) or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 452 and 453(c) of title 37, and the Joint Travel Regulations for the Uniformed Services, when the estimated costs of transportation and related services are less than the estimated aggregate per diem payments for the period of training; (C) tuition and matriculation fees; (D) library and laboratory services; (E) purchase or rental of books, materials, and supplies; and (F) other services or facilities directly related t

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5363 — Pay retention

**(a)** Any employee— (1) who ceases to be entitled to the benefits of [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) by reason of the expiration of the 2-year period of coverage provided under such section; (2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305&num=0&edition=prelim) (or corresponding prior provision of this title); (3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or (4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53; is entitled to a rate of basic pay in accordance with regulations prescribed by the Office of Personnel Management in conformity with the provisions of this section. **(b)** (1) (A) If, as a result of any event described in subsection (a), the employee’s former rate of basic pay is less than or equal to the maximum rate of basic pay payable for the grade of the employee’s position immediately after the occurrence of the event involved, the employee is entitled to basic pay at the lowest rate of basic pay payable for such grade that equals or exceeds such former rate of basic pay. (B) This section shall cease to apply to an employee to whom subparagraph (A) applies once the appropriate rate of basic pay has been determined for such employee unde

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5545b — Pay for firefighters

Page 676 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5545b AMENDMENTS 2016—Subsec. (i). Pub. L. 114–250 substituted ‘‘apply to any employee of the U.S. Customs and Border Protec- tion’s Air and Marine Operations, or any successor or- ganization,’’ for ‘‘apply to a pilot employed by the United States Customs Service’’ and ‘‘such employee’’ for ‘‘such pilot’’. 1998—Subsec. (a)(2). Pub. L. 105–277, § 101(b) [title IV, § 407(c)(1)] and § 2316(c)(1), amended subsec. (a)(2) identi- cally, substituting ‘‘Public Law 99–399, subject to sub- section (k))’’ for ‘‘Public Law 99–399)’’ in introductory provisions. Subsec. (k). Pub. L. 105–277, § 101(b) [title IV, § 407(a)] and § 2316(a), amended section identically, adding sub- sec. (k). 1996—Subsec. (h)(2)(A). Pub. L. 104–208 struck out ‘‘8431,’’ after ‘‘8331(3),’’. 1995—Subsec. (a)(2). Pub. L. 104–19, § 901(1)(A), inserted ‘‘who’’ before ‘‘is required to’’ in introductory provi- sions. Subsec. (a)(2)(E)(v). Pub. L. 104–19, § 901(1)(B), inserted ‘‘and’’ at end. Subsec. (i). Pub. L. 104–19, § 902(a), added subsec. (i). Subsec. (j). Pub. L. 104–19, § 901(2), added subsec. (j). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–250, § 1(b), Dec. 8, 2016, 130 Stat. 1001, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on the first day of the first applicable pay period beginning on or after the date that is 14 days after the date of enact- ment of this Act [Dec. 8, 2016].’’ EFFECTIVE DATE OF 1998 AMENDMENT For effective date of amendment by Pub. L. 105–277, see section 101(b) [title IV, § 407(d)] and section 2316(d) of Pub. L. 105–277, set out as a note under section 5542 of this title. EFFECTIVE DATE OF 1996 AMENDMENT

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