S 531

112th CONGRESS
1st Session

S. 531

To amend section 5542 of title 5, United States Code, to provide that any hours worked by Federal firefighters under a qualified trade-of-time arrangement shall be excluded for purposes of determinations relating to overtime pay.

IN THE SENATE OF THE UNITED STATES

March 9, 2011

Mr. WEBB (for himself and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL

To amend section 5542 of title 5, United States Code, to provide that any hours worked by Federal firefighters under a qualified trade-of-time arrangement shall be excluded for purposes of determinations relating to overtime pay.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. TREATMENT OF HOURS WORKED UNDER TRADE-OF-TIME ARRANGEMENTS.

    Section 5542 of title 5, United States Code, is amended by adding at the end the following:

    `(g)(1) Notwithstanding any other provision of this section, 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.

    `(2) For purposes of this subsection--

      `(A) the term `qualified trade-of-time arrangement' means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at the option of the firefighters and with the approval of the agency employing the firefighters, to substitute for one another during scheduled work hours in performance of work in the same capacity; and

      `(B) the term `firefighter' means--

        `(i) a firefighter, as defined in section 8331(21); and

        `(ii) a firefighter, as defined in section 8401(14).'.

END