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 Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 207]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–378, provided that: ‘‘This title [title II (§§ 201–207) of section 659 of section 101(f) of Pub. L. 104–208, amending this section and sections 8351, 8401, 8433, 8435, and 8440a to 8440c of this title, repealing section 8431 of this title, enacting provisions set out as notes under sections 8401 and 8433 of this title, and amending provisions set out as a note under section 5343 of this title] shall take ef- fect on the date of the enactment of this Act [Sept. 30, 1996] and withdrawals and elections as provided under the amendments made by this title shall be made at the earliest practicable date as determined by the Ex- ecutive Director in regulations.’’ EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–19, title I, § 902(b), July 27, 1995, 109 Stat. 230, provided that: ‘‘The amendment made by sub- section (a) of this section [amending this section] shall take effect on the first day of the first applicable pay period which begins on or after the 30th day following the date of enactment of this Act [July 27, 1995].’’ EFFECTIVE DATE Pub. L. 103–329, title VI, § 633(e), Sept. 30, 1994, 108 Stat. 2428, provided that: ‘‘The amendments made by this section [enacting this section and amending sec- tions 5542 and 5547 of this title and section 213 of Title 29, Labor] shall take effect on the first day of the first applicable pay period which begins on or after the later of October 1, 1994, or the 30th day following the date of enactment of this Act [Sept. 30, 1994], except that: ‘‘(1) Criminal investigators, employed in Offices of Inspectors General, who are not receiving administra- tively uncontrollable overtime compensation or who are receiving such premium pay at a rate less than 25 percent prior to the date of enactment of this Act, may implement availability pay at any time prior to September 30, 1995, after which date availability pay as authorized under this section shall be provided to such criminal investigators. ‘‘(2) Criminal investigators, employed by Offices of Inspectors General, who are receiving administra- tively uncontrollable overtime at a rate less than 25 percent, shall continue to receive this compensation at the same rate or higher until availability pay com- pensation is provided, which shall be no later than the last pay period ending on or before September 30, 1995.’’ IMPLEMENTATION Pub. L. 105–277, div. A, § 101(b) [title IV, § 407(b)], div. G, subdiv. B, title XXIII, § 2316(b), Oct. 21, 1998, 112 Stat. 2681–50, 2681–102, 2681–828, provided that: ‘‘Not later than the date on which the amendments made by this sec- tion [amending this section and section 5542 of this title] take effect [see Effective Date of 1998 Amendment note set out above], each special agent of the Diplo- matic Security Service who satisfies the requirements of subsection (k)(1) of section 5545a of title 5, United States Code, as amended by this section, and the appro- priate supervisory officer, to be designated by the Sec- retary of State, shall make an initial certification to the Secretary of State that the special agent is ex- pected to meet the requirements of subsection (d) of such section 5545a. The Secretary of State may pre- scribe procedures necessary to administer this sub- section.’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. CERTIFICATION OF CRIMINAL INVESTIGATORS Pub. L. 103–329, title VI, § 633(f), Sept. 30, 1994, 108 Stat. 2428, provided that: ‘‘Not later than the effective date of this section [see Effective Date note above], each criminal investigator under section 5545a of title 5, United States Code, as added by this section, and the appropriate supervisory officer, to be designated by the head of the agency, shall make an initial certification to the head of the agency that the criminal investi- gator is expected to meet the requirements of sub- section (d) of such section 5545a. The head of a law en- forcement agency may prescribe procedures necessary to administer this paragraph.’’ § 5545b. Pay for firefighters (a) This section applies to an employee whose position is classified in the firefighter occupa- tion in conformance with the GS–081 standard published by the Office of Personnel Manage- ment, and whose normal work schedule, as in ef- fect 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 fire- fighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations pre- Page 677 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5545b scribed 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 di- vided 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 reg- ulation 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 fire- fighter subject to this section includes a basic 40-hour workweek (as determined under regula- tions prescribed by the Office of Personnel Man- agement), section 5504(b) shall be applied as fol- lows in computing pay— (A) the provisions of such section shall apply to the hours within the basic 40-hour work- week; (B) for hours outside the basic 40-hour work- week, 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 reg- ulation 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 para- graph (1)(B)) for all hours outside the basic 40- hour workweek that are within such fire- fighter’s regular tour of duty (including over- time hours). (d)(1) A firefighter who is subject to this sec- tion shall receive overtime pay in accordance with section 5542, but shall not receive premium pay provided by other provisions of this sub- chapter. (2) For the purpose of applying section 7(k) of the Fair Labor Standards Act of 1938 to a fire- fighter who is subject to this section, no viola- tion 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: Pro- vided, 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 applica- ble. (3) The Office of Personnel Management may prescribe regulations, with respect to fire- fighters subject to this section, that would per- mit an agency to reduce or eliminate the vari- ation in the amount of firefighters’ biweekly pay caused by work scheduling cycles that re- sult 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), over- time pay for a firefighter subject to this section for hours in a regular tour of duty shall be in- cluded in any computation of pay under section 8114. (Added Pub. L. 105–277, div. A, § 101(h) [title VI, § 628(a)(2)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–519; amended Pub. L. 106–554, § 1(a)(3) [title VI, § 641(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–169.) Editorial Notes REFERENCES IN TEXT Section 7(k) of the Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), is classified to section 207(k) of Title 29, Labor. AMENDMENTS 2000—Subsec. (d)(4). Pub. L. 106–554 added par. (4). EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(3) [title VI, § 641(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–169, provided that: ‘‘The amendment in subsection (a) [amending this section] shall be effective as if it had been enacted as part of the Federal Firefighters Overtime Pay Reform Act of 1998 [Pub. L. 105–277, div A, § 101(h) [title VI, § 628]] (112 Stat. 2681–519).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of first applicable pay period which begins on or after Oct. 1, 1998, see section 101(h) [title VI, § 628(e)] of Pub. L. 105–277, set out as an Effective Date of 1998 Amendment note under section 4109 of this title. REGULATIONS Pub. L. 105–277, div. A, § 101(h) [title VI, § 628(f)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–521, provided that: ‘‘Under regulations prescribed by the Office of Per- sonnel Management, a firefighter subject to section 5545b of title 5, United States Code, as added by this section, whose regular tours of duty average 60 hours or less per workweek and do not include a basic 40-hour workweek, shall, upon implementation of this section, be granted an increase in basic pay equal to 2 step-in- creases of the applicable General Schedule grade, and such increase shall not be an equivalent increase in pay. If such increase results in a change to a longer waiting period for the firefighter’s next step increase, the firefighter shall be credited with an additional year of service for the purpose of such waiting period. If such increase results in a rate of basic pay which is above the maximum rate of the applicable grade, such resulting pay rate shall be treated as a retained rate of basic pay in accordance with section 5363 of title 5, United States Code.’’ ELIGIBILITY FOR PAY INCREASE Pub. L. 106–31, title III, § 3032, May 21, 1999, 113 Stat. 104, provided that: ‘‘(a) The treatment provided to firefighters under sec- tion 628(f) of the Treasury and General Government Ap- Page 678 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5546 propriations Act, 1999 (as included in section 101(h) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277)) [set out as a note above] shall be provided to any firefighter who— ‘‘(1) on the effective date of section 5545b of title 5, United States Code [see Effective Date note above]— ‘‘(A) was subject to such section; and ‘‘(B) had a regular tour of duty that averaged more than 60 hours per week; and ‘‘(2) before December 31, 1999, is involuntarily moved without a break in service from the regular tour of duty under paragraph (1) to a regular tour of duty that— ‘‘(A) averages 60 hours or less per week; and ‘‘(B) does not include a basic 40-hour workweek. ‘‘(b) Subsection (a) shall apply to firefighters de- scribed under that subsection as of the effective date of section 5545b of title 5, United States Code. ‘‘(c) The Office of Personnel Management may pre- scribe regulations necessary to implement this sec- tion.’’ NO REDUCTION IN REGULAR PAY Pub. L. 105–277, div. A, § 101(h) [title VI, § 628(g)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–521, provided that: ‘‘Under regulations prescribed by the Office of Per- sonnel Management, the regular pay (over the estab- lished work scheduling cycle) of a firefighter subject to section 5545b of title 5, United States Code, as added by this section, shall not be reduced as a result of the im- plementation of this section.’’ § 5546. Pay for Sunday and holiday work (a) An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by sec- tion 5542(a) of this title a part of which is per- formed on Sunday is entitled to pay for the en- tire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may des- ignate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sun- day. (b) An employee who performs work on a holi- day designated by Federal statute, Executive order, or with respect to an employee of the gov- ernment of the District of Columbia, by order of the District of Columbia Council, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not— (1) in excess of 8 hours; or (2) overtime work as defined by section 5542(a) of this title. (c) An employee who is required to perform any work on a designated holiday is entitled to pay for at least 2 hours of holiday work. (d) An employee who performs overtime work as defined by section 5542(a) of this title on a Sunday or a designated holiday is entitled to pay for that overtime work in accordance with section 5542(a) of this title. (e) Premium pay under this section is in addi- tion to premium pay which may be due for the same work under section 5545(a) and (b) of this title, providing premium pay for nightwork. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90–83, § 1(29), Sept. 11, 1967, 81 Stat. 201; Pub. L. 90–623, § 1(13), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2317(2), Oct. 21, 1998, 112 Stat. 2681–829.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 922. June 30, 1945, ch. 212, § 302, 59 Stat. 298. May 24, 1946, ch. 270, § 11, 60 Stat. 218. Sept. 1, 1954, ch. 1208, § 207, 68 Stat. 1110. July 18, 1958, Pub. L. 85–533, § 1, 72 Stat. 377. In subsections (a) and (b), the word ‘‘officer’’ is omit- ted as included in ‘‘employee’’. In subsections (b) and (c), the word ‘‘designated’’ is substituted for ‘‘such a’’ and ‘‘such’’ in former section 922(b) and (c) to identify the holiday as one designated by statute, Executive order, or the Board of Commis- sioners of the District of Columbia. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 5546(a) ....... 5 App.: 921a. July 18, 1966, Pub. L. 89–504, § 405(b)(1), (c), 80 Stat. 297. In subsection (a), the words ‘‘An employee who per- forms work . . . is entitled to pay . . . at the rate of his basic pay’’ are coextensive with and substituted for ‘‘Any . . . service . . . performed . . . shall be com- pensated . . . at the rate of basic compensation of the officer or employee performing such work.’’ The words ‘‘section 5542(a) of this title’’ are substituted for ‘‘sec- tion 201 of this Act’’ to reflect the codification of that section in title 5, United States Code. The words ‘‘be- tween midnight Saturday and midnight Sunday’’ are coextensive with and substituted for ‘‘within the period commencing at midnight Saturday and ending at mid- night Sunday’’. Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277 inserted at end ‘‘For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the offi- cially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.’’ 1968—Subsec. (b). Pub. L. 90–623, § 1(13)(A), substituted ‘‘District of Columbia Council’’ for ‘‘Board of Commis- sioners of the District of Columbia’’. Subsec. (d). Pub. L. 90–623, § 1(13)(B), substituted ‘‘5542(a)’’ for ‘‘5442(a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, but amendment of subsec. (d) of this section by section 1(13)(B) of Pub. L. 90–623 effective as of Sept. 6, 1966, for all purposes, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. TRANSFER OF FUNCTIONS District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2,