Equal Benefits for All Law Enforcement
Need a lifeline? We’re here for you. Visit WAEPA.org.
The prompt for this round of the FEDforum is team morale. This week, hear from the Federal Law Enforcement Officers Association (FLEOA).
The lack of uniform benefits considering the full scope of the law enforcement officers work is a significant inhibitor to team morale in the federal law enforcement community. Federal law enforcement benefits are limited by an antiquated and unworkable definition of “law enforcement officer.” This definition improperly excludes many of our law enforcement colleagues across the federal government. Even those who do receive law enforcement benefits have their benefits limited based on pay caps. The current compensation system undermines the age-old adage “equal pay for equal work” that is foundational to team morale.
The definition of “law enforcement officer” creates a division among the federal law enforcement workforce with respect to pay and benefits. In our view, a "law enforcement officer” in the federal service is a law enforcement officer no matter which agency they work for. Yet under federal law, the definition of law enforcement officers excludes thousands of federal police officers and others— an anachronistic concept no longer matches the realities of modern-day law enforcement.
Yet the current definition improperly excludes our federal law enforcement officer colleagues serving at the Department of Veterans Affairs (VA), Department of Defense (DoD), Bureau of Prisons (BOP), Federal Protective Service (FPS), U.S. Mint, and Zoo Police. Overall, an estimated 30,000 federal law enforcement officers do not receive the same retirement benefits as their colleagues.
The Federal Law Enforcement Officers Association (FLEOA) has consistently supported legislation that will provide all federal law enforcement officers with 6(c) retirement benefits. We have worked closely with Representative Bill Pascrell and Senator Cory Booker to introduce legislation that expands the definition of law enforcement officer under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS).
Specifically, the Law Enforcement Officer Equity Act (S.1888), expands the definition to include (1) federal employees whose duties encompass the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property.
Finally, even when a law enforcement officer does qualify for the appropriate retirement benefits, these benefits are stifled by outdated pay caps.
With the exception of employees in Senior Executive Service (SES) positions, the rest of federal law enforcement employees' pay is tied to a law passed by Congress that does not allow the combination of base salary, overtime, and premium pay to exceed the level of an employee serving in a position classified as a GS-15, Step 10 or an SES Level IV.
Often an officer works for a salary that is set at a certain level on paper, but cannot actually be paid to the employee as a result of the pay cap. At the end of every pay period, these employees see an "over-earned” amount on the bottom of their paystub, showing how much money they "earned” but could not be compensated for. The practical impacts of the pay cap extend beyond just a loss of pay. For our members, whose pensions are based on an average of their highest three years of pay, their pension can only be based on compensation the individual receives each year that is under the pay cap.
It is deeply damaging to morale for an employee to work hard, stay late, and go-above-and-beyond to accomplish their mission, only to be undercompensated for their work.
FLEOA worked with Congress to draft and introduce the Law Enforcement Officer Fair Retirement Act (H.R.8087)—a bill that would have the Office of Personnel Management consider the full value of overtime compensation accrued in calculating their CSRS/FERS retirement annuity.
We understand this bill is a temporary solution. We continue to push Congress to increase or remove the federal law enforcement pay cap entirely. But in the meantime, allowing law enforcement officers to receive some credit for their actual time worked is critical to begin the process of rectifying this longstanding impediment to team morale.
All law enforcement officers dedicate and risk their lives for their country. They deserve equal and full benefits for their work.
This column from the Federal Law Enforcement Officers Association is part of the FEDforum, an initiative to unite voices across the federal community. The FEDforum is a space for federal employee and law enforcement groups to share their organizations’ initiatives and activities with the FEDagent audience.
Be sure to subscribe to FEDagent so you never miss an update!