[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4222 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4222
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.
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IN THE HOUSE OF REPRESENTATIVES
June 29, 2021
Mr. Connolly (for himself, Mr. Ryan, and Ms. Wexton) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committee on Oversight and
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
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A BILL
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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