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SEC. 628. FEDERAL FIREFIGHTERS OVERTIME PAY
REFORM ACT OF 1998. (a) IN GENERAL.—Subchapter V
of chapter 55 of title 5, United States Code, is amended—
(1) in section 5542 by adding at the end the fol-lowing
new subsection:
‘‘(f) In applying subsection (a) of this section with re-spect
to a firefighter who is subject to section 5545b—
‘‘(1) such subsection shall be deemed to apply to
hours of work officially ordered or approved in excess
of 106 hours in a biweekly pay period, or, if the agen-cy
establishes a weekly basis for overtime pay com-putation,
in excess of 53 hours in an administrative
workweek; and
‘‘(2) the overtime hourly rate of pay is an
amount equal to one and one-half times the hourly
rate of basic pay under section 5545b (b)(1)(A) or
(c)(1)(B), as applicable, and such overtime hourly
rate of pay may not be less than such hourly rate of
basic pay in applying the limitation on the overtime
rate provided in paragraph (2) of such subsection
(a).’’; and(2) by inserting after section 5545a the following
new section:
‘‘§ 5545b. Pay for firefighters
‘‘(a) This section applies to an employee whose posi-tion
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 sub-ject
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 Person-
nel 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 sub-ject
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 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 subpara-graphs
(A) and (B), as each applies to the hours in-volved.
‘‘(2) For purposes of sections 5595(c), 5941, 8331(3),
and 8704(c), and for such other purposes as may be ex-pressly
provided for by law or as the Office of PersonnelManagement
 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 work-week;
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 (in-cluding
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 pro-visions
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 sec-tion
7(k) shall be deemed to have occurred if the require-ments
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 sub-section
(b)(1)(A) or (c)(1)(B) of this section, as applicable.
‘‘(3) The Office of Personnel Management may pre-scribe
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’ bi-weekly
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 fire-fighter
would otherwise receive for regular tours of duty
over the work scheduling cycle shall, to the extent prac-ticable,
remain unaffected.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 55 of title 5, United States
Code, is amended by inserting after the item relating to
section 5545a the following:
‘‘5545b. Pay for firefighters.’’.
(c) TRAINING.—Section 4109 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(d) Notwithstanding subsection (a)(1), a firefighter
who is subject to section 5545b of this title shall be paid
basic pay and overtime pay for the firefighter’s regular
tour of duty while attending agency sanctioned training.’’.
(d) INCLUSION IN BASIC PAY FOR FEDERAL RETIRE-MENT.—
Section 8331(3) of title 5, United States Code, is
amended—
(1) by striking ‘‘and’’ after subparagraph (D);
(2) by redesignating subparagraph (E) as sub-paragraph
(G);
(3) by inserting the following:
‘‘(E) with respect to a criminal investiga-tor,
availability pay under section 5545a of this
title;
‘‘(F) pay as provided in section 5545b
(b)(2) and (c)(2); and ’’; and
(4) by striking ‘‘subparagraphs (B), (C), (D),
and (E)’’ and inserting ‘‘subparagraphs (B) through
(G)’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the first day of the first ap-plicable
pay period which begins on or after October 1,
1998.
(f) REGULATIONS.—Under regulations prescribed by
the Office of Personnel 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-increases
of the applicable General Schedule grade, and such in-crease
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 ap-plicable
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.
(g) NO REDUCTION IN REGULAR PAY.—Under regula-tions
prescribed by the Office of Personnel Management,
the regular pay (over the established 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 implementation of this section.

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