112 STAT. 2681-521 PUBLIC LAW 105-277—OCT. 21, 1998 5 USC 4109 note. 5 USC 5545b note. 5 USC 5545b note. "(3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters' biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected.". (b) TECHNICAL AND CONFORMING AMENDMENT. —The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5545a the following: " 5545b. Pay for firefighters. ". (c) TRAINING.—Section 4109 of title 5, United States Code, is amended by adding at the end the following new subsection: "(d) Notwithstanding subsection (a)(1), a firefighter who is subject to section 5545b of this title shall be paid basic pay and overtime pay for the firefighter's regular tour of duty while attending agency sanctioned training.". (d) INCLUSION IN BASIC PAY FOR FEDERAL RETIREMENT. —Section 8331(3) of title 5, United States Code, is amended— (1) by striking "and" after subparagraph (D); (2) by redesignating subparagraph (E) as subparagraph (G); (3) by inserting the following: "(E) with respect to a criminal investigator, availability pay under section 5545a of this title; "(F) pay as provided in section 5545b(b)(2) and (c)(2); and "; and (4) by striking "subparagraphs (B), (C), (D), and (E)" and inserting "subparagraphs (B) through (G)". (e) EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first applicable pay period which begins on or after October 1, 1998. (f) REGULATIONS.— Under regulations prescribed by the Office of Personnel Management, a firefighter subject to section 5545b of title 5, United States Code, as added by this section, whose regular tours of duty average 60 hours or less per workweek and do not include a basic 40-hour workweek, shall, upon implementation of this section, be granted an increase in basic pay equal to 2 step-increases of the applicable General Schedule grade, and such increase shall not be an equivalent increase in pay. If such increase results in a change to a longer waiting period for the firefighter's next step increase, the firefighter shall be credited with an additional year of service for the purpose of such waiting period. If such increase results in a rate of basic pay which is above the maximum rate of the applicable grade, such resulting pay rate shall be treated as a retained rate of basic pay in accordance with section 5363 of title 5, United States Code. (g) No REDUCTION IN REGULAR PAY.— Under regulations prescribed by the Office of Personnel Management, the regular pay (over the established work scheduling cycle) of a firefighter subject to section 5545b of title 5, United States Code, as added by this section, shall not be reduced as a result of the implementation of this section.
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