Sec. 102. Waiver of premium pay limitations for certain employees engaged in emergency wildland fire suppression activities
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/bill/117/hr/5118/eh/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section may be cited as the Wildland Firefighter Fair Pay Act . In this section: The term covered employee means an employee of the Department of Agriculture, the Department of the Interior, or the Department of Commerce. The term covered services means services performed by a covered employee that are determined by the Secretary concerned to be primarily relating to emergency wildland fire suppression activities. The term premium pay means the premium pay paid under the provisions of law described in section 5547(a) of title 5, United States Code.
The term Secretary concerned means— the Secretary of Agriculture, with respect to an employee of the Department of Agriculture; the Secretary of the Interior, with respect to an employee of the Department of the Interior; and the Secretary of Commerce, with respect to an employee of the Department of Commerce. Any premium pay for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the applicable covered employee for purposes of a pay period limitation under section 5547(a) of title 5, United States Code, or under any other provision of law.
Any premium pay for covered services shall be disregarded in calculating any annual limitation on the amount of overtime pay payable in a calendar year or fiscal year under section 5547(b) of title 5, United States Code. A covered employee may not be paid premium pay if, or to the extent that, the aggregate amount of the basic pay and premium pay (including premium pay for covered services) of the covered employee for a calendar year would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year.
If the application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be— considered to be basic pay of the covered employee for any purpose; or used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code. Section 5542(a)(5) of title 5, United States Code, is amended by striking the United States Forest Service in .