
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5545b]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5545b. Pay for firefighters

    (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.

(Added Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 628(a)(2)], 
Oct. 21, 1998, 112 Stat. 2681-480, 2681-519; amended Pub. L. 106-554, 
Sec. 1(a)(3) [title VI, Sec. 641(a)], Dec. 21, 2000, 114 Stat. 2763, 
2763A-169.)

                       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, Sec. 1(a)(3) [title VI, Sec. 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, Sec. 101(h) [title VI, Sec. 628]] (112 
Stat. 2681-519).''


                             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, 
Sec. 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, Sec. 101(h) [title VI, Sec. 628(f)], Oct. 
21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ``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 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, Sec. 3032, May 21, 1999, 113 Stat. 104, 
provided that:
    ``(a) The treatment provided to firefighters under section 628(f) of 
the Treasury and General Government Appropriations 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 described under 
that subsection as of the effective date of section 5545b of title 5, 
United States Code.
    ``(c) The Office of Personnel Management may prescribe regulations 
necessary to implement this section.''


                       No Reduction in Regular Pay

    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 628(g)], Oct. 
21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ``Under 
regulations 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 4109, 5542, 8331 of this 
title.
