Federal Fire Service Pay Schedule Act of 1989 - Establishes a pay schedule for Federal fire service personnel. Excludes employees of the District of Columbia from such schedule. Provides for periodic and additional step increases, minimum hours of work, the computation of overtime, educational incentive service step increases, retirement, pay comparability, and additional compensation for technicians.
B37 7-3-89 [OC's]
HR 2812 IH
101st CONGRESS
1st Session
H. R. 2812
To amend title 5, United States Code, to establish a pay schedule, to revise
the rates of pay for Federal Fire Service Personnel, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 29, 1989
Mr. LELAND (for himself and Mrs. MORELLA) introduced the following bill;
which was referred to the Committee on Post Office and Civil Service
A BILL
To amend title 5, United States Code, to establish a pay schedule, to revise
the rates of pay for Federal Fire Service Personnel, 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 `Federal Fire Service Pay Schedule Act of 1989'.
ESTABLISHMENT OF PAY SCHEDULE
SEC. 2. (a) Chapter 53 of title 5, United States Code is amended by adding
at the end thereof the following new subchapter:
`SUBCHAPTER IX--PAY FOR FEDERAL FIRE SERVICE PERSONNEL
`Sec. 5391. Definitions
`For the purpose of this subchapter `employee' means every employee whose
classification is determined and regulated by the Position-Classification
Standard For Fire Protection and Prevention Series GS-081 (as authorized by
section 5105 of this title), but shall not mean employees of the District
of Columbia.
`Sec. 5392. Establishment of pay schedule and rates of basic pay for Fire
Service Personnel
`(a) Every employee as defined in section 5391 and who works a minimum
of 60 hours per 7-day cycle or a minimum of 240 hours per 28-day cycle,
or is covered by Veterans' Administration Department of Medicine and
Surgery Supplement, MP-5, Part 1, Chapter 610 shall be assigned a grade
and receive a rate of basic pay, under regulations prescribed by the Office
of Personnel Management, which shall be set as follows:
------------------------------------------------------
GRADE `SERVICE STEP
1 2 3 4 5
------------------------------------------------------
FSP-1 $17,719 $18,310 $18,902 $19,494 $20,085
FSP-2 19,886 20,551 21,216 21,882 22,547
FSP-3 22,251 22,996 23,742 24,477 25,222
FSP-4 24,803 25,633 26,463 27,283 28,113
FSP-5 27,567 28,489 29,400 30,321 31,242
FSP-6 30,534 31,553 32,572 33,590 34,599
FSP-7 33,720 34,842 35,974 37,096 37,998
FSP-8 37,134 38,127 39,121 40,105 41,098
FSP-9 40,071 41,161 42,242 43,332 44,423
FSP-10 46,550 47,851 49,162 50,463 51,764
FSP-11 53,950 55,499 57,055 58,607 60,155
FSP-12 62,399 64,237 66,074 67,901 69,739
xl 6 7 8 9 10
FSP-1 $20,677 $21,269 $21,851 $22,442 $23,034
FSP-2 23,202 23,868 24,553 25,198 25,864
FSP-3 25,967 26,712 27,448 28,193 28,938
FSP-4 28,943 29,773 30,593 31,423 32,253
FSP-5 32,163 33,085 34,006 34,917 35,838
FSP-6 35,617 36,636 37,552 38,371 39,180
FSP-7 38,901 39,805 40,699 41,603 42,506
FSP-8 42,092 43,076 44,069 45,063 46,046
FSP-9 45,513 46,603 47,684 48,774 49,865
FSP-10 53,175 54,376 55,688 56,989 58,290
FSP-11 61,704 63,263 64,812 66,361 67,909
FSP-12 71,566 73,404 75,241 77,069 78,906
------------------------------------------------------
`(b) Every employee as defined in section 5391 and who works a minimum
of 40 hours per administrative work week shall be assigned a grade and
receive a rate of basic pay, under regulations prescribed by the Office
of Personnel Management, which shall be set as follows:
------------------------------------------------------
GRADE `SERVICE STEP
1 2 3 4 5
------------------------------------------------------
FSP-1 $12,531 $12,949 $13,367 $13,785 $14,203
FSP-2 14,067 14,536 15,005 15,474 15,943
FSP-3 15,738 16,263 16,788 17,313 17,838
FSP-4 17,542 18,127 18,712 19,297 19,882
FSP-5 19,493 20,143 20,793 21,443 22,093
FSP-6 21,590 22,310 23,030 23,750 24,470
FSP-7 23,846 24,641 25,436 26,231 27,026
FSP-8 26,261 27,136 28,011 28,886 29,761
FSP-9 28,852 29,814 30,776 31,738 32,700
FSP-10 34,580 35,733 36,886 38,039 39,192
FSP-11 41,121 42,492 43,863 45,234 46,605
FSP-12 48,592 50,212 51,832 53,452 55,072
6 7 8 9 10
FSP-1 $14,621 $15,039 $15,457 $15,875 $16,293
FSP-2 16,412 16,881 17,350 17,819 18,288
FSP-3 18,363 18,888 19,413 19,938 20,463
FSP-4 20,467 21,052 21,637 22,222 22,807
FSP-5 22,743 23,393 24,043 24,693 25,343
FSP-6 25,190 25,910 26,630 27,350 28,070
FSP-7 27,821 28,616 29,411 30,206 31,001
FSP-8 30,636 31,511 32,386 33,261 34,136
FSP-9 33,662 34,624 35,586 36,548 37,510
FSP-10 40,435 41,498 42,651 43,804 44,957
FSP-11 47,976 49,347 50,718 52,089 53,460
FSP-12 56,692 58,312 59,932 61,552 63,172
------------------------------------------------------
`Sec. 5393. Periodic step-increases
`(a) Every employee whose pay is set under this subchapter who has not
reached the maximum rate of pay for the grade in which his position is
placed, shall be advanced in pay successively to the next higher rate
within the grade at the beginning of the next pay period following the
completion of--
`(1) each 52 calendar weeks of service in pay rates 1, 2, and 3;
`(2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or
`(3) each 156 calendar weeks of service in pay rates 7, 8, and 9;
subject to the following conditions:
`(A) the employee did not receive an equivalent increase in pay from any
cause during that period; and
`(B) the work of the employee is of an acceptable level of competence as
determined by the head of the agency.
`(b) Under regulations prescribed by the Office of Personnel Management,
the benefit of successive step-increase shall be preserved for employees
whose continuous service is interrupted in the public interest by service
with the armed forces or by service in essential non-Government civilian
employment during a period of war or national emergency.
`(c) When a determination is made under subsection (a) of this section
that the work of an employee is not of an acceptable level of competence,
the employee is entitled to prompt written notice of that determination and
an opportunity for reconsideration of the determination within his agency
under uniform procedures prescribed by the Office of Personnel Management. If
the determination is affirmed on reconsideration, the employee is entitled
to appeal to the Merit Systems Protection Board. If the reconsideration
or appeal results in a reversal of the earlier determination, the new
determination supersedes the earlier determination and is deemed to have
been made as of the date of earlier determination.
`(d) An increase in pay granted by statute is not an equivalent increase
in pay within the meaning of subsection (a) of this section.
`Sec. 5394. Additional step increase
`(a) Within the limit of available appropriations and under regulations
prescribed by the Office of Personnel Management, the head of each agency may
grant additional step-increases in recognition of high quality performance
above that ordinarily found in the type of position concerned. An employee
who is deemed eligible under this section shall receive only one additional
step-increase within any 52-week period.
`(b) A step increase under this section is in addition to those under
section 5393 of this title and is not an equivalent increase in pay within
the meaning of 5393 (a) of this title.
`Sec. 5395. Minimum hours of work; computation of overtime
`(a) Every employee, as defined in section 5391, who works a minimum of
240 hours per 28-day cycle, or is covered by Veterans' Administration
Department of Medicine and Surgery Supplement, MP-5, Part 1, Chapter 610
shall have his pay set under subsection (a) of section 5392. Any hours of
work which exceed these minimums shall be deemed overtime and compensated
under section 5542(b) (1) and (2) of this title.
`(b) Every employee, as defined in section 5391, who works a minimum 40
hour administrative work week shall have his pay set under subsection (b)
of section 5392. Any hours of work which exceed this minimum shall be deemed
overtime and compensated under section 5542(b) (3) and (4) of this title.
`(c) Every employee whose pay is set under subsection (a) of section
5392 shall be scheduled to work in 24 hour shifts and for a minimum of 60
hours per 7-day cycle or a minimum of 240 hours per 28-day cycle except
that the head of the agency may modify the number of hours in the shifts
if he determines that such a modification is necessary to the efficient
operation of the agency.
`(d) Every employee whose pay is set under subsection (b) of section 5392
shall be scheduled to work in 8 hour shifts and for a minimum of 40 hours
per administrative work week except that the head of the agency may modify
the number of hours in the shift if he determines that such a modification
is necessary to the efficient operation of the agency.
Sec. 5396. Educational incentive service step increases
`(a) Every employee, as defined in section 5391, who has earned and been
duly awarded, or earns and is duly awarded an associates degree in a fire
science curriculum shall be advanced to the next service step within the
grade at which the position is classified.
`(b) Every employee, as defined in section 5391, who has earned and been
duly awarded, or who earns and is duly awarded a bachelors degree in a
fire service curriculum shall be advanced two service steps within the
grade at which the position is classified, except that if the employee was
at any time advanced one service step for earning an associates degree,
the employee will be advanced one additional service step.
`(c) Employees who have already attained Service Step 10 within the grade at
which his position is classified when that employee earns and is duly awarded
either degree shall receive a cash award equivalent to the step increase.
`(d) The advancement to the next Service Step described in subsection
(a) shall take effect on the first day of that pay period which begins
immediately after the date on which the degree is awarded.
`(e) Nothing in this section shall be construed as a waiver of or limitation
on any other advancement in Service Step to which an employee, who is
advanced under this section, would otherwise be entitled under section
5393 and 5394 of this title.
`(f) Any advancement in Service Step under this section shall not be deemed
to be an equivalent increase in pay under section 5335 (a) of this title.
Sec. 5397. Additional compensation for technicians
`(a) Each employee, as defined in section 5391, who successfully completes
a specialized training course, including but not limited to emergency
medical training and hazardous materials handling, shall be awarded a
cash bonus equal to 2 percent of his annual wages at his current grade
and service step.'
(b) The table of subchapters of chapter 53 of title 5, United States Code,
is amended by inserting immediately after the item relating to section 5385
of subchapter VIII the following new item:
`SUBCHAPTER IX--PAY FOR FEDERAL FIRE SERVICE PERSONNEL
`5391. Definitions.
`5392. Establishment of rates of pay for Federal Fire Service Personnel.
`5393. Periodic step-increases.
`5394. Additional step-increases.
`5395. Minimum hours of work; computation of overtime.
`5396. Educational incentive service step increase.
`5397. Additional compensation for technicians.'
PAY COMPARABILITY
SEC. 3. (a) Section 5301(c) of title 5, United States Code, is amended in
paragraph 1 by inserting before the semicolon the following: `, or subchapter
IX of this chapter, relating to Pay for Federal Fire Service Personnel'.
(b) Section 5303(a) is amended in paragraph (1) by inserting `or subchapter
IX' after `5332'.
(c) Section 5304 of title 5, United States Code, is amended by inserting
`and subchapter IX' after `subchapter III'.
OVERTIME PAY
SEC. 4. (a) Section 5542 of title 5, United States Code, is amended
by redesignating subsection (b) as subsection (c) and inserting after
subsection (a) the following:
`(b) Notwithstanding subsection (a) of this section, every employee whose
pay is set by subchapter IX of this title shall be compensated for overtime
at the following rates:
`(1) For each employee whose pay is set by section 5392(a) of this title and
who is paid no more than the pay set for Service Step 1 of FSP-8 of the pay
schedule established by section 5392(a) of this title, the rate of pay for
each hour of overtime shall be equal to one and one-half times the hourly
rate of basic pay for each employee, and all that amount is overtime pay.
`(2) For each employee whose pay is set by section 5392(a) of this title
and who is paid no more than the pay set for Service Step 1 of FSP-8 of
the pay schedule established by section 5392(a) of this title, the rate
of pay for each hour of overtime shall be equal to one and one-half times
the hourly rate of basic pay set for Service Step 1 of FSP-8 and all that
amount is overtime pay.
`(3) For each employee whose pay is set by section 5392(b) of this title and
who is paid no more than the pay set for Service Step 1 of FSP-10 of the pay
schedule established by section 5392(b) of this title, the rate of pay for
each hour of overtime shall be equal to one and one-half times the hourly
rate of basic pay for each employee, and all that amount is overtime pay.
`(4) For each employee whose pay is set by section 5392(b) of this title
and who is paid no more than the pay set for Service Step 1 of FSP-10 of
the pay schedule established by section 5392(a) of this title, the rate of
pay for each hour of overtime shall be equal to one and one-half times the
hourly rate of pay set for Service Step 1 of FSP-10 and all that amount
is overtime pay.'.
(b) Section 5545(c) of title 5, United States Code, is amended by striking
`an employee in a position' each place it appears and inserting in lieu
thereof `an employee (other than an employee whose pay is set by subchapter
IX of this title) in a position'.
(c) Section 5545(d), United States Code, is amended in paragraph 1 by
inserting after `employee' the following: `whose pay is set by subchapter
IX of this title or who is'.
EXEMPTION FROM OTHER LAWS
SEC. 5. Section 5102(c) of title 5, United States Code, is amended--
(1) by striking out `or' after the semicolon at the end of paragraph (27);
(2) by striking out the period at the end of paragraph (28) and inserting
in lieu thereof `; or;';
(3) by adding at the end thereof the following:
`(29) employees who are Federal Fire Service Personnel and whose pay is
set under subchapter IX of this title.'.
SEC. 6. Section 5335 of title 5, United States Code is amended by adding
the following new subsection:
`(g) This section shall not apply to the pay of an employee whose pay is
set by subchapter IX of this.'.
SEC. 7. Section 5336 of title 5, United States Code is amended by adding
the following new subsection:
`(d) This section shall not apply to the pay of an employee whose pay is
set by subchapter IX of this title.'.
SEC. 8. Section 13(b) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213), is amended by striking `or' at the end of paragraph (28)
and adding `; or' at the end of paragraph (29) and adding the following
new paragraph:
`(30) any employee whose pay is set by subchapter IX of this title 5,
United States Code.'.
RETIREMENT
SEC. 9. Section 8331 of title 5, United States Code, is amended by adding
the following new subparagraph:
`(L) an individual defined by section 5391 of title, United States Code;'.
EFFECTIVE DATES
SEC. 10. (a) The amendments made by this Act shall become effective at the
beginning of the first applicable pay period which commences on or after
the thirtieth day following the date on which this Act is enacted.
(b) For transition purposes the pay of employees described in section 2(a)
of this Act whose pay was previously set in the General Schedule and who
works a minimum 60 hours per 7-day cycle or 240 hours per 28-day cycle,
or is covered by Veterans' Administration Department of Medicine and
Surgery Supplement, MP-5, Part 1, Chapter 610 shall be set in the Fire
Service Personnel Schedule as follows: GS-3 shall correspond to FSP-1,
GS-4 shall correspond to FSP-2, GS-5 shall correspond to FSP-3, GS-6 shall
correspond to FSP-4, GS-7 shall correspond to FSP-5, GS-8 shall correspond
to FSP-6, GS-9 shall correspond to FSP-7, GS-10 shall correspond to FSP-8,
GS-11 shall correspond to FSP-9, GS-12 shall correspond to FSP-10, GS-13
shall correspond to FSP-11.
(c) For transition purposes the pay of employees described in section 2(a)
of this Act whose pay was previously set in the General Schedule and who
works a minimum 40 hours per administrative work week shall be set in the
Fire Service Personnel schedule as follows: GS-3 shall correspond to FSP-1,
GS-4 shall correspond to FSP-2, GS-5 shall correspond to FSP-3, GS-6 shall
correspond to FSP-4, GS-7 shall correspond to FSP-5, GS-8 shall correspond
to FSP-6, GS-9 shall correspond to FSP-7, GS-10 shall correspond to FSP-8,
GS-11 shall correspond to FSP-9, GS-12 shall correspond to FSP-10, GS-13
shall correspond to FSP-11.
(d) In the initial adjustment of basic pay rates pursuant to the amendment
made by section 2(a)(1) of this Act, each employee to be paid under the pay
schedule in section 5391 of title 5, United States Code, shall be placed
at that step of the appropriate grade of such schedule which corresponds
numerically to that step of the grade of the General Schedule at which he
was paid immediately before the effective date of the amendments made by
this Act.
(e) An increase in pay by reason of an initial adjustment of pay under
subsection (b) of this section shall not be deemed an equivalent increase
in pay within the meaning of section 5335(a) of title 5, United States
Code. For purpose of periodic step increase after the effective date
of this Act, each employee shall be credited with all service which he
accrued as of the last periodic step increase he received under section
5335 of title 5, United States Code, before the effective date of this Act.
(f) Nothing in this Act shall be construed so as to reduce any rate of
basic pay which was in effect immediately before the date on which this
Act was enacted.
Introduced in House
Introduced in House
Referred to the House Committee on Post Office and Civil Service.
Referred to the Subcommittee on Compensation and Employee Benefits.
Referred to the Subcommittee on Human Resources.
Executive Comment Requested from OMB, OPM, and DOD.
PERMISSION TO ADD COSPONSORS - Mrs. Morella asked unanimous consent to be allowed to submit the following cosponsors for H.R. 2812; Messrs. Conyers and Moakley. Agreed to without objection.
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