Tim’s Act
- Sponsor
- Rep. Neguse, Joe [D-CO-2]
- Committees
- Agriculture Committee (primary)
- Last action
- Mar 7, 2025
Bottom line
Tim's Act aims to provide permanent, comprehensive improvements to compensation, health, and retirement benefits for Federal wildland firefighters, addressing long-standing disparities and occupational hazards to ensure a stable and supported workforce.
What it actually does
This bill, known as "Tim's Act," proposes a comprehensive overhaul of pay, benefits, and retirement provisions for Federal wildland firefighters and Tribal Firefighters. It establishes permanent special base rates of pay, introduces new incident response premium pay, provides dedicated rest and recuperation leave, and significantly enhances health and mental health support programs. Crucially, it modifies federal retirement calculations to include overtime pay as basic pay for these firefighters and mandates pay parity for Federal structural firefighters.
Proponents argue
Proponents argue that the bill is crucial for recognizing the dangerous and demanding work of wildland firefighters, ensuring fair and competitive compensation, improving recruitment and retention, and providing essential health and retirement security. They emphasize the need to move beyond temporary pay fixes and establish permanent, robust benefits to address the growing wildfire crisis and the unique challenges faced by these critical first responders.
Opponents contend
Opponents might raise concerns about the significant long-term fiscal cost of these expanded benefits, particularly the inclusion of overtime in retirement calculations and the new premium pay structure. They might also question the administrative complexity of implementing the various new pay scales, leave policies, and health programs across multiple agencies, and whether the proposed pay increases are sustainable or equitable compared to other federal employees.
The bill is moderately complex due to its technical amendments to existing statutes, but its structure with a table of contents makes it navigable for a reader with sufficient time.
Sec. 2(a) amending 5 U.S.C. 5332a
Establishes Special Base Rates of Pay for Wildland Firefighters
This section creates a new, permanent pay scale for Federal wildland firefighters (including temporary, seasonal, permanent, and Tribal firefighters) by increasing their General Schedule (GS) base rates by percentages ranging from 42% for GS-1 to 1.5% for GS-15. This special base rate will be considered basic pay for all purposes, including locality pay, and replaces previous temporary salary increases.
Supporters argue
Supporters argue this provision provides essential, permanent, and competitive base pay, addressing historical undercompensation and making federal wildland firefighting a more attractive and sustainable career. It ensures stability beyond temporary measures.
Critics contend
Critics may argue that the significant percentage increases, especially at lower grades, could create pay disparities with other federal employees or lead to substantial long-term budget increases without clear offsets.
Tradeoffs
Balances the need for competitive pay to attract and retain firefighters against the fiscal implications of substantial salary increases across the federal workforce.
Sec. 3(a) amending 5 U.S.C. 5545c
Establishes Incident Response Premium Pay
This section introduces a new premium pay for "covered employees" (wildland firefighters and certified support personnel) deployed to qualifying incidents (wildfires, prescribed fires, severity incidents) outside their duty station or at an incident-adjacent camp. The pay is set at a daily rate of 450% of the hourly basic pay for each day of deployment, with a calendar year cap of $9,000, and is not considered basic pay for other purposes.
Sec. 4(a) amending 5 U.S.C. 5547a
Modifies Aggregate Pay Limitations for Wildland Firefighters
This section exempts premium pay earned by covered employees for "emergency wildfire suppression activities" from the aggregate pay limitations under 5 U.S.C. 5547 and 5307. However, it introduces a new, higher cap: total basic pay, premium pay, and hazard pay cannot exceed Level II of the Executive Schedule (approximately $221,900 in 2024), with a waiver possibility at the discretion of the Secretaries.
Sec. 5(a) amending 5 U.S.C. 6329e
Establishes Paid Rest and Recuperation Leave
This section authorizes paid rest and recuperation leave for covered employees following qualifying incidents, subject to agency policies established by the Secretaries. This leave must be used immediately after an incident, cannot be accumulated for later use, and is paid in the same manner as annual leave. Intermittent employees receive equivalent payment.
Sec. 6
Enhances Health and Mental Health Support for Wildland Firefighters
This section mandates the Secretaries to establish a publicly accessible database for tracking chronic diseases linked to on-the-job environmental exposure for current and former wildland firefighters. It also requires a comprehensive mental health program by January 1, 2026, including awareness campaigns, education, peer support, expansion of Critical Incident Stress Management, and a new dedicated mental health service. Additionally, it grants 7 consecutive days of paid mental health leave annually and directs the Office of Workers' Compensation Programs (OWCP) to recognize PTSD and psychological stress-related injuries and expedite claims.
Sec. 7
Enhances Retirement Benefits for Wildland Firefighters
This section allows Federal wildland firefighters to credit service performed since January 1, 1989, towards their retirement under Chapter 84 (FERS) if they make required deposits. It also simplifies disability annuity eligibility for wildland firefighters suffering from certain diseases due to environmental exposure, reducing the waiting period from 18 to 12 months. Crucially, it amends 5 U.S.C. 8331(3) to include overtime pay as "basic pay" for Federal wildland firefighters for retirement calculation purposes and establishes a separate normal-cost percentage for them under FERS.
Sec. 8
Mandates Pay Parity for Federal Structural Firefighters
This section requires that within one year of enactment, the pay, benefits, and bonuses for Federal structural firefighters be comparable to those provided for Federal wildland firefighters under this Act. The Director of the Office of Personnel Management (OPM) must submit a report to Congress on whether pay for such Federal structural firefighters is competitive with Federal wildland firefighters.
Sec. 9
Establishes Annual Pay Adjustments, Hazardous Duty Pay, and Recruitment/Retention Incentives
This section mandates annual pay increases for wildland firefighters tied to the Consumer Price Index (CPI). It also ensures hazardous duty pay for specific dangerous tasks (prescribed fire, parachuting, tree climbing over 20 feet, hazard tree removal). Furthermore, it establishes a recruitment/retention bonus of at least $1,000 (adjusted by CPI) paid annually upon successful completion of a work capacity test, and mandates a housing allowance for firefighters deployed more than 50 miles from home. Finally, it creates a voluntary tuition assistance program providing at least $4,000 annually for permanent wildland firefighters.
Sec. 10
Establishes Wildland Fire Management Casualty Assistance Program
This section requires the Secretary of the Interior to develop a Wildland Fire Management Casualty Assistance Program within six months. The program will provide assistance to the next-of-kin of firefighters and wildland fire support personnel who are killed, critically injured, or suffer illness in the line of duty. It includes provisions for notifications, travel reimbursement, training for casualty assistance officers, centralized case management, personalized benefits information, complaint mechanisms, and liaison with other agencies.
Sec. 11
Modifies Firefighter Retirement Definition and Retroactive Service Credit
This section amends the definition of "firefighter" under the Federal Employees' Retirement System (FERS) to explicitly include both non-wildland and wildland firefighters, as well as supervisory/administrative positions, with specific service requirements and allowing for breaks in service for wildland firefighters. It also provides a mechanism for individuals to receive retroactive credit for service performed between October 1, 2003, and the date of enactment, provided they meet certain criteria and make required deposits.
The new special base rates of pay and incident response premium pay will take effect on the first day of the first applicable pay period immediately following the expiration of current temporary salary increases for federal wildland firefighters, as authorized by previous acts.
Sec. 2(d) and Sec. 3(d)
Why it matters:This is standard legislative practice for transition provisions, ensuring a seamless and continuous application of enhanced pay without a lapse between temporary and permanent measures.
Case for: Ensures continuity of enhanced pay for wildland firefighters, preventing a lapse in increased compensation and providing financial stability as they transition from temporary to permanent pay structures.
Case against: No direct case against, but it highlights the reliance on previous temporary measures and the ongoing challenge of securing consistent, permanent funding for these critical personnel.
Estimated impact: Guarantees that wildland firefighters will continue to receive enhanced pay without interruption, maintaining their improved compensation levels.
For covered employees whose annual basic pay is greater than that for step 10 of GS-10, the incident response premium pay is capped at the daily rate established for GS-10, step 10, where the applicable rate is the rate in effect in the same locality that is the basis for a locality-based comparability payment payable to the covered employee.
Sec. 3(c)(2)(B)(i)
Why it matters:This is a technical detail necessary for precise and equitable calculation of the premium pay cap across different localities and grades, ensuring consistency with existing federal pay structures.
Case for: Ensures that the premium pay calculation is fair and consistent across different localities, reflecting local cost of living adjustments, and prevents disproportionately high premium pay for higher-grade employees.
Case against: Adds complexity to the premium pay calculation and might still result in lower premium pay for higher-grade employees compared to a flat percentage of their actual basic pay, potentially disincentivizing some experienced personnel.
Estimated impact: Affects the maximum incident response premium pay for higher-grade wildland firefighters, potentially capping their total incident pay at a specific level tied to GS-10, step 10, in their locality.
For calendar year 2025, incident standby premium pay shall be included in premium pay that is subject to the aggregate pay limits established in 5 U.S.C. 5547 and Public Law 117-43.
Sec. 4(b)
Why it matters:This is a transitional provision, likely intended to manage costs or bridge a gap during the implementation phase of the broader, permanent pay limitation changes.
Case for: Ensures that during a transition period, certain premium pay remains subject to existing caps, potentially managing federal expenditures before the full implementation of new, more expansive pay rules.
Case against: Could temporarily limit total earnings for firefighters in 2025 who receive incident standby premium pay, potentially causing confusion or frustration if not clearly communicated to the workforce.
Estimated impact: Temporarily affects the aggregate pay of firefighters in calendar year 2025 who receive incident standby premium pay, potentially capping their total earnings for that year.
Allows any service performed by an individual as a Federal wildland firefighter on or after January 1, 1989, for which Federal Employees' Retirement System (FERS) deductions were not made, to be creditable under FERS, provided the firefighter submits a written election to the Director of OPM and meets the deposit requirements of section 8411(f) of title 5, United States Code.
Sec. 7(a)
Why it matters:This is a standard mechanism for allowing individuals to retroactively purchase or receive credit for past service that was not initially covered by a retirement system, addressing historical classification or administrative oversights.
Case for: Rectifies past situations where firefighters might not have been properly classified or had retirement deductions made, ensuring their full service history is recognized for retirement purposes, leading to higher annuities.
Case against: Requires individuals to pay back contributions for past service, which could be a significant financial burden, and creates administrative complexity for OPM and employing agencies in processing these retroactive claims.
Estimated impact: Potentially significant for individuals who can now credit additional years of service, leading to higher retirement annuities and earlier eligibility for retirement.