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U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

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V. Conclusions

While this report discusses law enforcement retirement benefits, classification and basic pay, and premium pay separately, it is clear that they must be viewed systemically; that is, as component parts of a larger strategy to ensure that the Federal Government is able to meet its critical law enforcement missions. In this regard, they are inextricable, and proposed modifications to any single component (or subset thereof) must be considered in this larger context in order to avoid any unintended consequences. Accordingly, this report presents a recommendation to modernize the Federal Government's law enforcement retirement and compensation systems, and we believe it should be acted on as a package, providing a comprehensive solution based on common principles.

This recommendation is based on certain core principles that have guided the Congress and the executive branch for decades as they have considered pay and benefits policies for our Federal law enforcement community. Perhaps the most fundamental of those principles concerns the requirement for a "young and vigorous" corps of law enforcement officers that is able to meet the difficult physical demands of the profession. With that principle in mind, Congress has authorized the executive branch to place age limits on those who serve in that profession…on when they may enter such service, as well as on how long they may serve. And to compensate law enforcement professionals for their relatively short but particularly onerous careers, Congress has also authorized enhanced retirement benefits and various premium pay arrangements.

We believe that principle remains as valid today as it did half a century ago. The Federal law enforcement mission remains one of its most critical…indeed, after the attacks of 9/11, that mission has expanded to include anti-terrorism and the security of our homeland, and so has its importance to our way of life. Thus, Federal law enforcement agencies still require a "young and vigorous" workforce capable of accomplishing that mission. On the other hand, the loss of experienced LEOs who are still capable of effective service should be avoided.

Over the years, the Federal law enforcement community has become "fragmented" with respect to the pay and benefits of its members. Differences have become substantial and confusing, their original rationale no longer evident and their application inconsistent. A new framework needs to be developed that will provide the administrative flexibility to balance Governmentwide and unique agency interests and requirements. OPM, jointly with the Departments of Homeland Security and Defense, is using recently acquired HR flexibilities to develop and deploy far more market- and performance-sensitive pay systems for law enforcement personnel. It is critical that other agencies receive similar HR flexibilities for their law enforcement personnel.

Our recommendation is that Congress provide OPM with broad authority to establish, with the concurrence of the Attorney General, a comprehensive, integrated Governmentwide framework for law enforcement retirement, classification and basic pay, and premium pay systems. This framework would be tailored specifically for law enforcement jobs and differences across the spectrum of law enforcement work. It would provide the flexibility to make strategic decisions that support mission accomplishment in a cost effective manner. Both agency interests and Governmentwide interests would be considered and balanced. The Attorney General's concurrence will ensure that law enforcement personnel Governmentwide are deployed in the most efficient and effective manner. Such a framework provides an opportunity to create contemporary and effective human resources systems for the critical cadre of Federal law enforcement personnel–systems that will better support the Federal Government's law enforcement missions that have become even more essential in the post-September 11 world.

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