Federal Fire Fighter Issues Currently Before Congress

 HR 948 & S 599 (Presumptive Illness)

   Federal fire fighters, like all fire fighters, regularly respond to HAZMAT incidents involving chemical, radiological, and biological hazards.  Working in such a hazardous environment, it is virtually impossible to precisely identify when and where a fire fighter contracted a disease.

  Most states have acknowledged the occupational hazards attributed to fire fighting and have presumptive disability laws for fire fighters because it is so difficult for fire fighters to identify when and where they contracted an occupational disease.  Federal fire fighters do not have the benefit of a presumptive disability law.  Instead they are faced with a burden of proof that is nearly impossible to meet and only in extraordinary cases do federal fire fighters, suffering from occupational diseases, receive fair and just compensation or retirement benefits

 It is only fair that the federal government should provide parity for federal fire fighters who are exposed to the same occupational hazards as other professional fire fighters.  There is no legal or rational reason why federal fire fighters do not have the same right as fire fighters in 40 states.

 HR 3186 (Retirement Equity)

The federal government’s retirement system uses a complicated formula to calculate pension benefits for federal fire fighters who protect military installations, veterans’ hospitals, and other critical federal properties. The complexity stems in large part from the unusual work week of federal fire fighters. Fire fighters employed by the Department of Defense normally work 72 hours per week, with 19 hours of mandatory, scheduled overtime, including nights, weekends and holidays.

 In 1998, Congress reformed the pay system of federal fire fighters to ensure that they receive a fair hourly rate of pay. Despite improvements in the hourly wage rate, the reforms fell short of adequately incorporating a fire fighter’s entire pay, including compensation for mandatory overtime, into a fire fighter’s retirement benefit. Fire fighters are the only federal employees to work mandatory, scheduled overtime, and are the only federal workers whose pension is based on only part of their normal weekly pay.

 To address this inequity, legislation has been developed to ensure that federal fire fighters are treated like other federal workers whose pension benefits are based on their full weekly salary.

 HR 4239 (Retirement Tax Waiver)

Federal Fire Fighters are eligible for retirement at the age of 50 and mandatory retirement at age 57 due to the rigorous nature of their job.  Although eligible for retirement at age 50 and required mandatory separation at age 57 the fire fighters may not begin withdrawing from their Thrift Savings Plan without incurring a 10 percent penalty.

 Most Federal Fire Fighters are covered under FERS, a system that became effective in 1987 and replaced the Civil Service Retirement System (CSRS) as the primary plan  for U.S. federal civilian employees. Retirement benefits under FERS are accumulated in three ways:  a) through Social Security benefits, b) through a basic benefit plan for which the employee is charged a nominal amount and c) through a Thrift Savings Plan (TSP), which comprises automatic government contributions, voluntary employee contributions and matching government contributions. The TSP is a plan created by the Federal Employees Retirement System Act of 1986 for current or retired employees of the federal civil service. The TSP is a defined-contribution plan designed to give federal employees the same retirement savings related benefits that workers in the private sector enjoy with 401(k) plans. Contributions to the plan are automatically deducted from each paycheck.

 Although eligible for retirement at age 50, if employees  receive a TSP distribution before  age 59½, in addition to the regular income tax, they have to pay an early withdrawal penalty tax equal to10% of any portion of the distribution not transferred or rolled over.

 Federal Fire Fighters are seeking an amendment to the Internal Revenue Code through HR 4239 allowing retired federal fire fighters the same benefit most municipal and State fire fighters have under federal law.

 HR 3243 (Trade Time)

Trade time is a practice that fire fighters utilize to work shifts for each other so they can be away from the workplace to attend family functions or tend to personal matters etc. 

 Why do federal fire fighters utilize trade time?

Federal Fire Fighters work uncommon tours of duty and in the federal sector this is exasperated by a regularly scheduled 72 hour work week and minimum staffing requirements.  At the workplace, minimum staffing requirements dictate that a certain number of fire fighters be on duty at all times.  Although minimum staffing is an understood requirement, this can make it very difficult for federal fire fighters to be involved in family events or functions.  The problem is compounded by manpower shortages within the federal sector.  Currently it is taking between two to six months for a department to fill a vacancy when a fire fighter retires or leaves the work place.  As a result, many requests for annual leave are not granted due to the minimum staffing needs and manpower shortages.

Can federal fire fighters trade time now?

Yes, however they are only permitted to trade time within one (two week) pay period.  This means that if one employee works for another the time must be repaid within that pay period.  Often employees are unable to repay the time during the single pay period and this has the effect of preventing the employees from trading the time.

Does trade time result in any extra pay?

No, trade time is an issue that is between the employees with the knowledge and approval of management.  Neither employee receives any extra compensation; it is merely a trade of “time”.

What does HR 4239 do?

The Fair Labor Standards Act (FLSA) permits the trading of time by firefighters of public agencies. Employees engaged in fire protection are permitted to trade time for periods up to 1 calendar year. Unfortunately the Office of Personnel Management (OPM) has determined that Federal firefighters are not entitled to trade time beyond a pay period.  HR 4239 would allow federal fire fighters to trade time in the same manner as their municipal counterparts.