HR-759-119
ASSUMING FIRST SPONSORSHIP - Mr. Walkinshaw asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 759, a bill originally introduced by Representative Connolly, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
Sponsored by Gerald Connolly (D-VA)
What it does
This bill would amend federal law to change how pay and retirement benefits are calculated for federal government firefighters. It would reduce the divisor used to compute hourly pay rates (from 2,756 to 2,087 hours), effectively increasing the base hourly rate used in pay calculations. It would also require that overtime hours worked as part of a firefighter's regular scheduled tour of duty be included — at one-half the basic hourly rate — when calculating the "average pay" figure used to determine retirement annuities. Additionally, it would direct the Office of Personnel Management (OPM) to issue regulations within one year establishing a maximum regular workweek for federal firefighters, capped at an average of 60 hours per week.
Who benefits
Federal government firefighters currently employed and those who retire after the bill's effective date, who would receive higher computed pay rates and larger retirement annuities. Surviving family members and spouses of federal firefighters, who would receive higher survivor annuity payments calculated from the larger base. Federal fire departments and agencies that employ firefighters, which may see improved recruitment and retention. Communities near federal installations (military bases, national parks, federal facilities) that rely on federal fire services.
Who is hurt
Federal taxpayers, who would bear the cost of increased retirement annuity payments and potentially higher base pay calculations. The federal budget broadly, as increased annuity obligations would add to long-term mandatory spending. Private-sector and municipal fire departments that compete with federal agencies for firefighting talent, who may face a more competitive federal compensation package. Federal agencies with firefighting workforces, which may face higher near-term personnel costs during any transition period.
Supporters argue
Supporters argue that the current pay formula — which divides annual salary by 2,756 hours — significantly understates federal firefighters' true hourly rate compared to the 2,087-hour standard used for most other federal employees, creating a structural pay inequity for the same base salary. They contend that because federal firefighters routinely work scheduled tours that include overtime hours, those hours are already built into their regular work schedule but are excluded from retirement calculations, resulting in retirement annuities that do not reflect actual compensation. Correcting this, supporters argue, is essential to recruiting and retaining qualified personnel for federal fire services that protect military installations, national parks, and other federal properties.
Opponents argue
Opponents argue that the current 2,756-hour divisor was deliberately set to reflect the actual number of hours federal firefighters are scheduled to work annually — including their extended shift rotations — and that switching to the 2,087-hour standard artificially inflates the computed hourly rate beyond what firefighters actually earn per hour worked. They contend that including overtime hours in retirement calculations amounts to a double-counting of compensation already factored into base salary, and that the resulting increase in long-term annuity obligations would impose a significant and open-ended cost on federal taxpayers without a corresponding change in actual take-home pay during active service.
Constitutional context
This bill amends Title 5 of the U.S. Code, which governs federal employment and compensation — a domain squarely within Congress's authority to manage the federal workforce under Article I and the Necessary and Proper Clause. No significant Commerce Clause or other enumerated powers issue arises, as this bill regulates the federal government's own employment relationships rather than private economic activity. No active constitutional tension area is implicated.
Checks and balances
Congress gains authority to set the pay and retirement formula; the Office of Personnel Management (executive branch) is directed to issue implementing regulations on workweek maximums, subject to post-Loper Bright independent judicial review of any regulatory interpretations.
Historical precedent
The Federal Firefighters Overtime Pay Reform Act of 2014 previously addressed similar pay computation issues for federal firefighters by adjusting how overtime was treated under the Fair Labor Standards Act, establishing a pattern of targeted legislative corrections to federal firefighter compensation formulas.