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HR 8949

Capitol Police Retirement Reform Act of 2026

119th Congress Introduced by Steny Hoyer

Overtime pay earned under FLSA for Capitol Police can count toward annuities only for post-enactment service and after 15 years, with annual reporting to OPM.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 8949

Overview

HR 8949, the Capitol Police Retirement Reform Act of 2026, would modify how overtime pay earned by members of the Capitol Police is treated for retirement annuity calculations. The bill aims to include certain overtime pay in the computation of annuities, but with specific conditions and phased applicability.

Main purpose and intent

  • Ensure that overtime compensation received under the Fair Labor Standards Act (FLSA) by Capitol Police officers is considered for retirement benefits, under defined limits and timing.
  • Create a framework for when overtime pay can be treated as basic pay for annuity calculations and survivor benefits, and establish reporting requirements to support implementation.

Key provisions and changes

  • Amending Section 8331(3) of title 5, U.S. Code:

    • Adds a new category (J) allowing overtime pay under FLSA (as applied by the Congressional Accountability Act) to count toward annuities, up to 50% of the annual statutory maximum overtime for customs officers (as referenced by a historical cap).
    • Rewrites the structure so that overtime-related subparagraphs B through J apply, replacing the prior subparagraphs B through I.

  • Implementing provisions in Section 8415 (creation of subsection (o)):

    • Overtime pay described in 8331(3)(J) shall not be treated as basic pay for annuity purposes unless the retiree had at least 15 years of service at separation (counting service before or after enactment).
    • If the 15-year condition is met, overtime pay amounts are treated as basic pay only to the extent they relate to service performed on or after the enactment date.
    • All overtime pay amounts attributed to post-enactment service will be treated as basic pay for:
    • Computing the annuity under section 8452.
    • Computing a survivor annuity under subchapter IV, if the service member dies before separating.
    • Requires annual reporting: the Capitol Police must provide information to the Office of Personnel Management (OPM) at least once per year to aid in applying these provisions, including data used to determine the normal-cost percentage defined in section 8401.

Who is affected

  • Members of the United States Capitol Police.
  • The Office of Personnel Management (OPM) will receive annual information for implementation and cost analysis.
  • The Capitol Police retirement system, particularly with respect to how annuities and survivor benefits are calculated.

Procedural and timeline aspects

  • Effective date: The overtime provisions apply to overtime earned on or after the date of enactment.
  • Annual reporting obligation: Capitol Police must furnish information to OPM at least annually to support administration and cost calculations.
  • The bill is subject to House committee referrals (House Administration and Oversight and Government Reform) for consideration.

Potential impact

  • Financial: Potential increase in future annuity and survivor-benefit obligations linked to overtime pay, subject to the 15-year service condition and post-enactment service attribution.
  • Administrative: Adds data reporting requirements to OPM and introduces a new framework for treating post-enactment overtime as basic pay for certain retirement calculations.
  • Legal: Clarifies how overtime under FLSA, as applied to Capitol Police, is treated within federal retirement calculations and aligns with existing sections governing annuity and survivor benefits.

Compiled from official sources — confirm details with the bill’s official record.

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