Earlier today, the U.S. House of Representatives passed a Budget Resolution for Fiscal Year (FY) 2018, (H.Con.Res.71), by a vote of 219-206. Contained within the House Budget Resolution are policy proposals and spending cuts that, if left unchanged, could negatively impact retirement benefits and contribution amounts for current and/or future Border Patrol Agents.
On Friday, September 25, 2015, the Office of Personnel Management (OPM) issued their final regulations to implement Part 2 of the Border Patrol Agent Pay Reform Act (BPAPRA). A review of the regulations has revealed that OPM is interpreting certain portions of the BPAPRA contrary to what was intended by Congress when they drafted and passed the BPAPRA into law, for example, a prohibition on Alternate Work Schedules (AWS) and additional compensation for canine handlers on their assigned days off duty. There is also confusion on the section that deals with CBP being allowed to drop employees from one tier to another; however, it only clarifies what the Union had made clear prior to the regulations being published, which is that employees will not be able to artificially enhance their retirements by working a lower level of pay for the majority of their career and then at the end, bumping up to a higher level in order to get a greater annuity. The Union will work with Congress in order to resolve the issues via another Amendment to the BPAPRA, or in the case of the canine handlers, through litigation. Click below to read the OPM final regulations.
The Office of Personnel Management (OPM) has released the proposed regulations regarding the Border Patrol Agent Pay Reform Act. These are the regulations that will eventually govern pay administration for Border Patrol agents.
We have asked our legal counsel and professional staff to throughly review this document to ensure that these proposed regulations reflect the changes and protections we fought hard for with the passage of BPAPRA of 2014. Once this review is complete, we will inform OPM of our position and our concerns. Make no mistake, we will continue to hold OPM’s and DHS’s feet to the fire and to protect our members’ interests and financial security.
The public will have 30 days to comment on the proposed regulations. The proposed regulations are by no means final and may change during this process. We will keep you informed throughout this process.
A short time ago, H.R. 2252 was passed by the United States Senate. This bill will restore Border Patrol agents as employees that receive Fair Labor Standards Act pay until the Border Patrol Agent Pay Reform Act is fully implemented. The National Border Patrol Council would like to thank Senators Johnson, McCain, Tester, and Cardin, their staffs, and the many others who helped make this happen.