article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Pay Fairness Act of 1994''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) improve pay equality between Federal firefighters and municipal and other public sector firefighters; (2) enhance recruitment and retention of firefighters in order to maintain the highest quality Federal fire service; and (3) encourage Federal firefighters to pursue career advancement and training opportunities. SEC. 3. BIWEEKLY PAY PERIODS; COMPUTATION OF PAY. Section 5504 of title 5, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) The pay period for an employee covers 2 administrative workweeks. For the purpose of this section, the term-- ``(1) `employee' means-- ``(A) an employee in or under an executive agency; ``(B) an employee in or under the judicial branch; ``(C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5); and ``(D) an individual employed by the government of the District of Columbia; but does not include an employee or individual excluded from the definition of an employee in section 5541(2) other than an employee or individual excluded by section 5541(2)(xvi); ``(2) `firefighter' has the same meaning as such term is defined under sections 8331 and 8401; and ``(3) `firefighting duties' means those duties usually performed by a firefighter in responding to or engaging in the control and extinguishment of a fire.''; (2) in subsection (b) in the first sentence by inserting ``(except as provided under subsection (c))'' after ``in the case of an employee''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following subsection: ``(c)(1) For pay computation purposes affecting a firefighter, the annual rate of basic pay established by or under statute is deemed the annual basic pay to be used in calculating payment for employment during 26 administrative biweekly work periods of up to 106 hours each. When it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, or biweekly rate, the following rules govern: ``(A) To derive an hourly rate, divide the annual rate by 2,087. ``(B) To derive a daily rate, multiply the hourly rate by the number of hours in the regularly scheduled daily tour of duty. ``(C) To derive a biweekly rate, multiply the hourly rate by the total number of hours not to exceed 106 hours, in the regularly scheduled tours of duty during the biweekly period. Rates are computed to the nearest cent, counting one-half and over as a whole cent. ``(2) Notwithstanding the provisions of paragraph (1), for pay computation purposes affecting an employee who is not a firefighter but who performs firefighting duties during a biweekly pay period, the biweekly pay for that period shall be the greater of pay calculated under-- ``(A) subsection (b) of this section and sections 5542(a), 5545, and 5546, using the employee's annual rate of basic pay; or ``(B) paragraph (1) and section 5542(d), using the employee's annual rate of basic pay. Rates are computed to the nearest cent, counting one-half and over as a whole cent.''. SEC. 4. OVERTIME. (a) Application of Fair Labor Standards Act of 1938.--Section 5542(c) of title 5, United States Code, is amended to read as follows: ``(c) Subsection (a) shall not apply to an employee who is subject to the overtime provisions of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207). In the case of a firefighter subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), overtime shall be determined in accordance with the provisions of subsection (d). In the case of all other employees who would, were it not for the preceding sentences, be subject to the provisions of subsection (a), the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure than no employee receives less pay by reason of the preceding sentence.''. (b) Application to Firefighters.--Section 5542 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Firefighters who are subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)), for full-time, part-time, and intermittent tours of duty, hours ordered or approved which in the aggregate exceed 106 hours in a biweekly period, shall be compensated at one and one-half times the hourly rate of basic pay of such employee as determined under subsection (b)(2). Payments calculated under this subsection for hours in excess of 106 in the regularly scheduled biweekly tour of duty shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.''. (c) Limitation on Payment of Other Premium Pay.--Section 5545(c) of title 5, United States Code, is amended by adding a new sentence at the end thereof to read as follows: ``Paragraphs (1) and (2) of this subsection shall not be applicable to employees who are subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) and the overtime calculations provided for under subsection (d).''. SEC. 5. MINIMUM PAY RATE FOR FIREFIGHTER PROMOTED TO SUPERVISORY POSITION. (a) In General.--Chapter 53 of title 5, United States Code, is amended-- (1) by redesignating section 5385 as section 5386; and (2) by inserting after section 5384 the following new section: ``Sec. 5385. Minimum pay rate for firefighter promoted to supervisory position ``(a) For purposes of this section, the term-- ``(1) `agency' has the meaning as such term is defined under section 5102(1); ``(2) `employee' has the meaning as such term is defined under section 5102(2); and ``(3) `firefighter' has the meaning as such term is defined under sections 8331 and 8401. ``(b)(1) The position to which an employee described under paragraph (2) is promoted shall be paid at a basic rate of pay equal to or greater than the annual aggregate rate of pay based on basic pay and regularly scheduled overtime pay received by such employee in the calendar year immediately preceding the promotion. ``(2) Paragraph (1) applies to an employee who-- ``(A) is in a position as a firefighter; ``(B) is promoted to a supervisory position as a firefighter; and ``(C) after such promotion, is not subject to the provisions of section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)).''. (b) Technical and Conforming Amendments.--The table of sections for chapter 53 of title 5, United States Code, is amended by striking out the item relating to section 5385 and inserting in lieu thereof the following: ``5385. Minimum pay rate for firefighter promoted to supervisory position. ``5386. Regulations.''. SEC. 6. TRAINING. Section 4109 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Notwithstanding subsection (a)(1), a firefighter, as defined under sections 8331 and 8401, who is selected and assigned for training under this chapter, shall be paid during the period of training at the rate of basic pay of such employee and overtime which is normally paid for the regularly scheduled tour of duty of such employee.''. SEC. 7. TECHNICIAN BONUSES. (a) In General.--Chapter 45 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND CERTIFICATIONS ``Sec. 4531. Definitions ``For the purpose of this subchapter, the term-- ``(1) `firefighter' has the same meaning as such term is defined under sections 8331 and 8401; and ``(2) `firefighting duties' means those duties usually performed by a firefighter in responding to or engaging in the control and extinguishment of a fire. ``Sec. 4532. Award authority ``(a) An agency may pay a cash award of up to 5 percent of basic pay, to a firefighter or other employee who performs firefighting duties, employed in or under such agency who possesses and makes substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician. ``(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved or pursuant to negotiations as the case may be. Such regulations or collective bargaining provisions shall include-- ``(1) procedures under which such special skills or certifications shall be ascertained; ``(2) criteria for determining the amount paid to individuals for recognition under this section; and ``(3) any other provisions which may be necessary to carry out the purposes of this subchapter.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end thereof the following: ``SUBCHAPTER IV--AWARD TO FIREFIGHTERS FOR SPECIAL SKILLS AND CERTIFICATIONS ``4531. Definitions. ``4532. Award authority.''. SEC. 8. EFFECTIVE DATES. The provisions of this Act shall become effective as follows: (1) Sections 3, 4, and 5 shall be effective beginning with the applicable first pay period which begins on or after 60 days after the date of the enactment of this Act. (2) Section 6 shall take effective 60 days after the date of the enactment of this Act. (3) Section 7 shall take effect on October 1, 1994.
summary: Firefighters Pay Fairness Act of 1994 - Amends Federal law to extend existing biweekly pay period and pay computation requirements to Federal fire fighters and employees of the judicial branch. Repeals the current exception from such requirements of employees on the Isthmus of Panama in the service of the Panama Canal Commission. States that, for fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Specifies limits on the payment of other premium pay to such fire fighters. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who possess and make substantial use of special skills or certifications, including handling hazardous materials or certification as an emergency medical technician.