Sec. 1110. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-OF-TIME ARRANGEMENT

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## SEC. 1110 TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-OF-TIME ARRANGEMENT Section 5542 of title 5, United States Code, is amended by adding at the end the following: > > ### “(h) > > > ####

(1)> > > #####

(A)> > Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c). > > > ##### “(B) > > The Director of the Office of Personnel Management— > > > ###### “(i) > > shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and > > > ###### “(ii) > > may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation. > > > #### “(2) > > In this subsection— > > > ##### “(A) > > the term ‘firefighter’ means an employee— > > > ###### “(i) > > the work schedule of whom includes 24-hour duty shifts; and > > > ###### “(ii) > > who— > > > ###### “(I) > > is a firefighter, as defined in section 8331(21) or 8401(14); > > > ###### “(II) > > in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; > > > ###### “(III) > > in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and

(B)for at least 3 years; and > > > ###### “(IV) > > in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or

(III)if the employee were subject to subchapter III of chapter 83 or chapter 84; and > > > ##### “(B) > > the term ‘qualified trade-of-time arrangement’ means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.” > .