[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12032-12037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4696]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR PARTS 317, 353, 550, and 551
RIN 3206-AL21
Employment in the Senior Executive Service, Restoration To Duty
From Uniformed Service or Compensable Injury, Pay Administration
(General), and Pay Administration Under the Fair Labor Standards Act;
Miscellaneous Changes to Pay and Leave Rules
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations to amend a number of rules on pay and leave administration,
including employment in the Senior Executive Service, use of paid leave
during uniformed service, time limits for using compensatory time off
earned in lieu of overtime pay, and other miscellaneous changes. The
final regulations are being issued to standardize pay and leave
policies in support of the consolidation of agency human resources and
payroll systems.
DATES: The regulations are effective on May 14, 2007.
FOR FURTHER INFORMATION CONTACT: Sharon Dobson by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-
policy@opm.gov.
SUPPLEMENTARY INFORMATION: On January 5, 2005, the Office of Personnel
Management (OPM) issued a comprehensive package of proposed regulations
on Restoration to Duty From Uniformed Service or Compensable Injury;
Payrates and Systems (General); Pay Under the General Schedule; Pay
Administration (General); Pay Administration Under the Fair Labor
Standards Act; Recruitment and Relocation Bonuses; Retention
Allowances; Supervisory Differentials; Hours of Duty; and Absence and
Leave (70 FR 1068). The proposed regulations are available at http://
www.opm.gov/fedregis. The 60-day comment period ended on March 7, 2005.
We received a total of 93 comments on the proposed regulations.
In these final regulations, we are addressing the revisions to
rules concerning the retention of pay and benefits for a Senior
Executive Service (SES) member who accepts a Presidential appointment,
use of paid leave during uniformed service, time limits for using
compensatory time off earned in lieu of overtime pay, and other
miscellaneous rules. We have already published regulations for some of
the subject areas included in the January 2005 proposed regulations in
separate issuances in the Federal Register. Comments received on the
proposed changes to the rules on Adjustments of Work Schedules for
Religious Observances, Hours of Duty, and Absence and Leave will be
addressed in subsequent issuances in the Federal Register.
Except as otherwise stated in this supplementary information, the
purpose of the revisions in these final regulations is to standardize
pay and leave policies in support of the consolidation of agency human
resources and payroll systems and in general to aid agencies in the
administration of these programs. All revisions are being made to
regulations in title 5, Code of Federal Regulations.
Regulations Already Issued
Some of the changes included in the January 2005 proposed
regulations have already been addressed in subsequent regulations
issued by OPM on May 13, 2005, May 31, 2005, and August 17, 2006, as
discussed below.
The January 2005 regulations proposed to amend the definition of
rate of basic pay in Sec. Sec. 575.103, 575.203, and 575.303 to
clarify that night pay and environmental differential pay under the
Federal Wage System are not included in the rate of basic pay for the
purposes of recruitment, relocation, and retention incentives. The
amended definition of rate of basic pay for the purpose of recruitment,
relocation, and retention incentives was included in OPM's interim
regulations issued on May 13, 2005, for recruitment, relocation, and
retention incentives (70 FR 25732). The interim regulations are
available at http://www.opm.gov/fedregis.
The January 2005 regulations proposed to add a new Sec. 531.605 to
define the requirements for determining an employee's official worksite
for the purpose of identifying an employee's location-based pay
entitlements, including locality rates and special
[[Page 12033]]
rates. The proposed regulations also addressed official worksite
determinations for employees temporarily working at other locations and
teleworking from an alternative worksite. The comments OPM received on
proposed Sec. 531.605 were addressed and changes made as an interim
rule on May 31, 2005 (70 FR 31278). The interim regulations are
available at http://www.opm.gov/fedregis. Section 531.605 was again
revised in interim regulations issued on August 17, 2006, to clarify
the rules for determining an employee's official worksite when he or
she teleworks from an alternative worksite during an emergency
situation, such as a pandemic health crisis (71 FR 47692). The interim
regulations are available on OPM's Web site at http://www.opm.gov/
fedregis.
Finally, the January 2005 regulations proposed to amend 5 CFR part
630, subpart D, concerning the use of sick leave for family care or
bereavement purposes. The regulations proposed, among other changes,
removing the requirement that a full-time employee must maintain 80
hours of sick leave in his or her sick leave account to use up to 104
hours (13 workdays) of his or her sick leave for general family care or
bereavement purposes and up to 480 hours (12 workweeks) of sick leave
to care for a family member with a serious health condition. The
comments OPM received on the proposed amendments to 5 CFR part 630,
subpart D, were addressed and changes made as a final rule on August
17, 2006 (71 FR 47693). The final regulations on sick leave are
available at http://www.opm.gov/fedregis.
Final Regulations in This Issuance
In this issuance, the final regulations address the changes made to
the rules on employment in the Senior Executive Service, use of paid
leave during uniformed service, time limits for using compensatory time
off earned in lieu of overtime pay, and other miscellaneous changes.
For these subject areas, we received 29 comments on the January 2005
proposed regulations--20 from agencies, 6 from individuals, 2 from
Federal labor unions, and 1 from a Federal employee association.
Senior Executive Service
Under 5 U.S.C. 5307(d), a higher aggregate limitation on pay (equal
to the total annual compensation payable to the Vice President under 3
U.S.C. 104) applies to SES members in positions covered by a certified
senior executive performance appraisal system. An agency questioned
whether a former SES member may continue to retain the higher aggregate
limitation on pay under the authority provided in 5 U.S.C. 3392(c) and
Sec. 317.801(b) to retain SES pay and benefits when he or she accepts
a Presidential appointment. In these final regulations, we have amended
Sec. 317.801(b) to clarify that a former SES member who chooses to
retain SES provisions related to basic pay, performance awards,
awarding of ranks, severance pay, leave, and retirement may also choose
to retain the higher aggregate limitation on pay that applied to the
employee.
Paid Leave While Performing Uniformed Service
OPM proposed to amend Sec. 353.208 to permit an employee, upon
request, to use any accrued annual leave or military leave while
performing service with the uniformed service, but not to use sick
leave. An agency objected to the proposed change. The agency stated
that the use of sick leave during a period of military service is a
legitimate right of an employee under the provisions and intent of the
Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA), (Public Law 103-353, October 13, 1994). We agree and are not
adopting the proposed amendment. Section 353.208 will continue to
permit an employee performing service in the uniformed service to use
sick leave, when appropriate.
An agency recommended that OPM permit an employee to use
compensatory time off earned in lieu of overtime pay and earned credit
hours while performing uniformed service, since they both provide paid
time off. We are not adopting this suggestion because employees are
entitled to payment for unused compensatory time off and credit hours
only in certain situations. We note that Sec. 550.114(f)(2)(i) and
Sec. 551.531(f)(1) require agencies to provide payment for unused
earned compensatory time off when an employee is separated or placed in
a leave without pay status to perform uniformed service.
We believe it would be appropriate to allow an employee to use
earned compensatory time off for travel under 5 CFR part 550, subpart
N, while performing uniformed service because an employee may not
receive payment for unused earned compensatory time off for travel.
(See 5 U.S.C. 5550b(b) and Sec. 550.1408.) We have revised Sec.
353.208 to permit an employee to use earned compensatory time off for
travel under 5 CFR part 550, subpart N, to perform uniformed service.
Section 1106 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65, October 5, 1999) amended 5 U.S.C.
6323(a)(1) to permit an employee to use his or her entitlement to 15
days of military leave for ``inactive duty training'' (as defined in
section 101 of title 37, United States Code) in addition to active duty
and active duty training. Consistent with this statutory amendment, we
proposed to delete the last sentence of Sec. 353.208, which states an
employee may not use military leave for inactive duty training. We did
not receive any comments, and therefore, have deleted the last sentence
in Sec. 353.208 in these final regulations.
Time Limits for Using Earned Compensatory Time Off
The consolidation of human resources and payroll processing systems
has revealed varying discretionary policies among agencies concerning
time limits for using compensatory time off earned in lieu of overtime
pay. These varying policies have resulted in increased costs for
payroll providers to accommodate the myriad of agency policies within
their systems and those increased costs are passed on to the agencies.
As part of OPM's effort to support the consolidation of human resources
and payroll processing systems, we proposed a standardized time limit
of 26 pay periods for using compensatory time off earned in lieu of
overtime pay that would be applied Governmentwide. The 26-pay period
time limit would be applied to both employees not covered by the FLSA
(FLS-exempt) under Sec. 550.114 and employees covered by the FLSA
(FLSA-nonexempt) under Sec. 551.531. To assist in transitioning to the
new time limitation, we proposed to provide an employee with unused
compensatory time off to his or her credit on the effective date of the
final regulations 26 pay periods after the effective date to use such
compensatory time off.
In Sec. 550.114(d), we proposed to provide agencies with
discretionary authority to provide payment to FLSA-exempt employees
for, or require forfeiture of, compensatory time off that is not used
within the 26-pay period time limit. The proposed regulations at Sec.
550.114(d)(2) allowed that if an FLSA-exempt employee is unable to take
earned compensatory time off within 26 pay periods due to an exigency
of the service beyond the employee's control, the agency must provide
payment for the unused compensatory time off at the overtime rate in
effect for the period during which the compensatory time off was
earned. In addition, the proposed regulations at Sec. 550.114(e)(2)
(Sec. 550.114(f)(2) in the final regulations) required that if an
FLSA-exempt
[[Page 12034]]
employee separates or goes on extended leave without pay to perform
service in one of the uniformed services or because of an on-the-job
injury with entitlement to injury compensation under 5 U.S.C. chapter
81, the agency must provide payment for the unused compensatory time
off at the overtime rate in effect for the period during which the
compensatory time off was earned.
In addition, to ensure consistent treatment of affected employees,
OPM proposed amending Sec. 551.531(d) to require an FLSA-nonexempt
employee to use earned compensatory time off within 26 pay periods. An
FLSA-nonexempt employee who fails to use earned compensatory time off
earned within 26 pay periods or who separates or transfers from the
agency before the earned compensatory time off is used, must be paid
for the unused compensatory time off at the overtime rate in effect for
the period during which the compensatory time off was earned. The
proposed regulations at Sec. 551.531(e) (Sec. 551.531(f) in the final
regulations) also required that, if an FLSA-nonexempt employee is
placed on leave without pay to perform service in the uniformed
services or because of an on-the-job injury with entitlement to injury
compensation under 5 U.S.C. chapter 81, the agency must provide payment
for the unused compensatory time off at the overtime rate in effect for
the period during which the compensatory time off was earned.
One agency recommended a shorter time limitation--e.g., 13 pay
periods--for using compensatory time off earned in lieu of overtime
pay. An individual opposed the limitation of 26 pay periods. The two
labor organizations opposed providing agencies with discretionary
authority to determine whether an FLSA-exempt employee must forfeit or
receive payment for unused compensatory time off. One labor
organization recommended expanding the circumstances in which an
employee must receive payment for unused compensatory time off to
include reduction in force (RIF) situations. The other labor
organization believed FLSA-exempt employees should receive payment for
compensatory time off not used within 26 pay periods or be given
additional time to use the compensatory time off.
We disagree with these recommendations. Unlike FLSA-nonexempt
employees, who have a statutory entitlement to receive payment for
unused compensatory time off, FLSA-exempt employees do not have any
such statutory entitlement. Legislation is needed to provide FLSA-
exempt employees with an entitlement to receive payment for unused
compensatory time off. In addition, requiring agencies to provide
payment for unused compensatory time off to FLSA-exempt employees would
significantly increase costs for Federal agencies. Finally, we believe
26 pay periods is sufficient time for most employees to use their
earned compensatory time off. We note that Sec. 550.114(d)(2) requires
agencies to provide payment for compensatory time off if an employee's
failure to use his or her earned compensatory time off is due to an
exigency of the service beyond the employee's control.
An agency was concerned that a ``rolling'' 26-pay period time limit
would be an administrative burden for agencies to track. Another agency
suggested using a fixed yearly date for employees to use earned
compensatory time off because it would provide for easier tracking and
monitoring. We are not adopting these suggestions. We believe most
agencies already impose on employees a ``rolling'' time limit for using
earned compensatory time off. Therefore, the proposed regulations would
not impose an additional administrative burden on the agencies. A fixed
yearly date for using earned compensatory time off would result in
providing varying lengths of time for individual employees to use
earned compensatory time off, depending on when the employee earned the
compensatory time off. We believe imposing a time limit of 26 pay
periods within which to use earned compensatory time off results in
fair and equitable treatment of affected employees and supports our
goal of standardizing pay policies. Employees will all have the same
number of pay periods within which they must use their earned
compensatory time off. We are adopting the revised regulations in Sec.
550.114(d) and (f) and Sec. 551.531(f) as final.
Two agencies disagreed with proposed Sec. 550.114(d), which would
give an employee with unused compensatory time off to his or her credit
as of the effective date of the final regulations 26 pay periods after
the effective date of the final regulations to use the compensatory
time off. One agency suggested providing agencies with discretionary
authority to extend the time limitation for using earned compensatory
time off for employees who have been unable to use earned compensatory
time off prior to the effective date of the final regulations because
of work requirements or scheduling conflicts. Another agency is
concerned that the proposed rule would have major budgetary
implications if the agency's policy were to provide payment for unused
compensatory time off and employees are unable to use their earned
compensatory time off within 26 pay periods after the effective date of
the final regulations. The agency suggested that employees who have
compensatory time off to their credit as of the effective date of the
final regulations be given a minimum of 3 years to use the compensatory
time off. We agree and have added a new paragraph (e) to Sec. 550.114
and Sec. 551.531 of the final regulations to allow an employee who has
compensatory time off to his or her credit as of the effective date of
the final regulations at least 3 years to use the earned compensatory
time off.
One agency suggested revising the proposed regulations to require
an employee to use earned compensatory time off within 26 pay periods
after the pay period during which it was earned. The agency suggested
beginning the 26-pay period time limit after the pay period during
which it was earned will ensure standardized recordkeeping and
tracking. We agree and have revised Sec. 550.114(d) and Sec.
551.531(d) to require that compensatory time off that is not used
within 26 pay periods after the pay period during which it was earned
must be paid by the agency or forfeited by the employee.
An agency noted that proposed Sec. 550.114(e)(1) addresses the
treatment of compensatory time off when an employee either transfers or
separates from an agency, while Sec. 551.531(d) addresses the
treatment of compensatory time off only when an employee separates from
an agency. To remedy this, we have revised Sec. 551.531(d) to address
the treatment of compensatory time off when an employee transfers to a
different agency.
Finally, we are redesignating Sec. 551.531(e) as Sec. 551.531(g),
and correcting new paragraph (g) by deleting language that states the
value of compensatory time off for FLSA-nonexempt employees is
considered in applying pay limitations. Compensatory time off for FLSA-
nonexempt employees should not be considered in applying the biweekly
or annual premium pay limitations established under 5 U.S.C. 5547 or
the aggregate limitation on pay established under 5 U.S.C. 5307. In
addition, we are correcting a citation in Sec. Sec. 550.112(j)(1) and
551.422(d) from ``(41 CFR 301-1.3(c)(4))'' to ``(41 CFR 300-3.1),''
which references the definition of official station in the General
Services Administration's Federal Travel Regulations.
[[Page 12035]]
An individual requested clarification of the terms irregular or
occasional overtime work in relationship to earning compensatory time
off. As defined in Sec. 550.103, irregular or occasional overtime work
means overtime work that is not part of an employee's regularly
scheduled administrative workweek (i.e., the period within an
administrative workweek in which an employee is regularly scheduled to
work).
Other Miscellaneous Changes
Lump-Sum Payments for Annual Leave
The regulations governing lump-sum payments for accumulated and
accrued annual leave for employees who separate from Federal service in
5 CFR 550, subpart L, have been revised to ensure consistency with the
guidance provided in the OPM Operating Manual on the Federal Wage
System. The revised regulations ensure that a lump-sum payment for
employees who work a regular rotating schedule involving work on both
day and night shifts is calculated as if the employee had continued to
work beyond the effective date of separation. An agency asked that we
clarify what is meant by ``work beyond the effective date of
separation.'' Another agency requested clarification in determining
whether a lump-sum payment should be extended to the end of an
employee's last scheduled shift. Under 5 U.S.C. 5551, a lump-sum
payment must equal the pay an employee would have received had he or
she remained in Federal service until expiration of the period of
annual leave. Agencies must project a lump-sum period to include any
accumulated and accrued annual leave to the employee's credit, as of
the date of separation. The lump-sum leave period is the employee's
annual leave projected forward for all workdays the employee would have
worked if he or she had remained in Federal service, including holidays
(even though they are typically nonworkdays) as required by 5 U.S.C.
5551(a), until the expiration of the employee's accumulated and accrued
annual leave. The final regulations in Sec. 550.1205(b)(5) state that
a night differential is payable for that portion of the lump-sum period
that would have occurred when the employee was scheduled to work night
shifts. The lump-sum period extends only through the last hour of
annual leave.
Restriction on Paying Sunday Premium Pay
Section 636 of the Treasury and General Government Appropriations
Act, 1998 (Public Law 105-61, October 10, 1997), permanently restricted
the payment of Sunday premium pay for all employees Governmentwide who
are paid from appropriated funds and who do not actually perform work
on Sunday. Section 624 of the Treasury and General Government
Appropriations Act, 1999 (Public Law 105-277, October 21, 1998),
expanded the permanent restriction on the payment of Sunday premium pay
to cover employees who are paid from any Act (including payments from
revolving funds). These provisions effectively prohibit the payment of
Sunday premium pay to employees during any period when no work is
performed. This includes holidays, periods of paid leave, excused
absence (administrative leave), compensatory time off, credit hours, or
time off as an incentive or performance award. The restriction covers
employees who are paid from any Act, including payments from revolving
funds. Consistent with this permanent legal restriction, we have
revised Sec. 550.171(a) by deleting language stating that Sunday
premium pay is paid during periods of paid leave or excused absence. We
also will revise our guidance on payment of Sunday premium pay during
periods of paid leave in the OPM Operating Manual for the Federal Wage
System.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would apply only to Federal agencies and employees.
List of Subjects in 5 CFR Parts 317, 353, 550, and 551
Administrative practice and procedure, Claims, Government
employees, Law enforcement officers, Reporting and recordkeeping
requirements, Wages.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM amends parts 317, 353, 550, and 551 of title 5 of the
Code of Federal Regulations to read as follows:
PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE
0
1. The authority citation for part 317 continues to read as follows:
Authority: 5 U.S.C. 3392, 3393, 3395, 3397, 3592, 3593, 3595,
3596, 8414, and 8421.
Subpart H--Retention of SES Provisions
0
2. In Sec. 317.801, paragraph (b)(1) is revised to read as follows:
* * * * *
(b) Election. (1) At the time of appointment, an appointee covered
by paragraph (a) of this section may elect to retain some, all, or none
of the following SES provisions related to basic pay (including the
aggregate limitation on pay established by 5 U.S.C. 5307), performance
awards, awarding of ranks, severance pay, leave, and retirement. That
election will remain in effect for no less than 1 year, unless the
appointee leaves the position sooner.
* * * * *
PART 353--RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE
INJURY
0
3. The authority citation for part 353 continues to read as follows:
Authority: 38 U.S.C. 4301 et. seq., and 5 U.S.C. 8151
Subpart B--Uniformed Service
0
4. Section 353.208 is revised to read as follows:
Sec. 353.208 Use of paid leave during uniformed service.
An employee performing service with the uniformed services must be
permitted, upon request, to use any accrued annual leave under 5 U.S.C.
6304, military leave under 5 U.S.C. 6323, or earned compensatory time
off for travel under 5 U.S.C. 5550b during such service.
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart A--Premium Pay
0
5. The authority citation for subpart A continues to read as follows:
Authority: 5 U.S.C. 5304 note, 5305 note, 5504(d), 5541(2)(iv),
5545a(h)(2)(B) and (i), 5547(b) and (c), 5548, and 6101(c); sections
407 and 2316, Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5
U.S.C. 5545a); E.O. 12748, 3 CFR, 1992 Comp., p. 316.
Sec. 550.112 [Amended]
0
6. In Sec. 550.112(j)(1), remove the citation ``(41 CFR 301-
1.3(c)(4))'' and add in its place ``(41 CFR 300-3.1).''
0
7. In Sec. 550.114, paragraph (d) is revised, paragraph (e) is
redesignated as paragraph (g), and new paragraphs (e) and (f) are added
to read as follows:
[[Page 12036]]
Sec. 550.114 Compensatory time off.
* * * * *
(d) Except as provided in paragraph (f)(2) of this section, an
employee must use accrued compensatory time off to which he or she is
entitled under paragraph (a) or (b) of this section by the end of the
26th pay period after the pay period during which it was earned. The
head of an agency, at his or her sole and exclusive discretion, may
provide that an employee who fails to take compensatory time off to
which he or she is entitled within 26 pay periods after the pay period
during which it was earned must--
(1) Receive payment for such unused compensatory time off at the
dollar value prescribed in paragraph (g) of this section; or
(2) Forfeit the unused compensatory time off, unless the failure to
take the compensatory time off is due to an exigency of the service
beyond the employee's control, in which case the agency head must
provide payment for the unused compensatory time off at the dollar
value prescribed in paragraph (g) of this section.
(e) Except as provided in paragraph (f)(2) of this section,
compensatory time off to an employee's credit as of May 14, 2007 must
be used by the end of the pay period ending 3 years after May 14, 2007.
The head of an agency, at his or her sole and exclusive discretion, may
provide that an employee who fails to take compensatory time off to
which he or she is entitled by the end of the pay period ending 3 years
after May 14, 2007 must--
(1) Receive payment for such unused compensatory time off at the
dollar value prescribed in paragraph (g) of this section; or
(2) Forfeit the unused compensatory time off, unless the failure to
take the compensatory time off is due to an exigency of the service
beyond the employee's control, in which case the agency head must
provide payment for the unused compensatory time off at the dollar
value prescribed in paragraph (g) of this section.
(f)(1) Except as provided in paragraph (f)(2) of this section, an
employee with unused compensatory time off under paragraph (a) or (b)
of this section who transfers to another agency or separates from
Federal service before the expiration of the time limit established
under paragraphs (d) or (e) of this section may receive overtime pay or
forfeit the unused compensatory time off, consistent with the employing
agency's policy established under paragraphs (d) and (e) of this
section.
(2) If an employee with unused compensatory time off under
paragraph (a) or (b) of this section separates from Federal service or
is placed in a leave without pay status under the following
circumstances, the employee must be paid for unused compensatory time
off at the dollar value prescribed in paragraph (g) of this section:
(i) The employee separates or is placed in a leave without pay
status to perform service in the uniformed services (as defined in 38
U.S.C. 4303 and Sec. 353.102); or
(ii) The employee separates or is placed in a leave without pay
status because of an on-the-job injury with entitlement to injury
compensation under 5 U.S.C. chapter 81.
* * * * *
0
8. In Sec. 550.171, paragraph (a) is revised to read as follows:
Sec. 550.171 Authorization of pay for Sunday work.
(a) A full-time employee is entitled to pay at his or her rate of
basic pay plus premium pay at a rate equal to 25 percent of his or her
rate of basic pay for each hour of Sunday work (as defined in Sec.
550.103).
* * * * *
Subpart L--Lump-Sum Payment for Accumulated and Accrued Annual
Leave
0
9. The authority citation for subpart L continues to read as follows:
Authority: 5 U.S.C. 5553, 6306, and 6311.
0
10. In Sec. 550.1205, revise paragraph (b)(5)(i) and paragraph (g) to
read as follows:
Sec. 550.1205. Calculating a lump-sum payment.
* * * * *
(b) * * *
(5) * * *
(i) Night differential under 5 U.S.C. 5343(f) at the applicable
percentage rate received by a prevailing rate employee for all
regularly scheduled periods of night shift duty covered by the unused
annual leave as if the employee had continued to work beyond the
effective date of separation, death, or transfer. In the case of an
employee who is assigned to a regular rotating schedule involving work
on both day and night shifts, the night differential is payable for
that portion of the lump-sum period that would have occurred when the
employee was scheduled to work night shifts.
* * * * *
(g) For a reemployed annuitant who becomes eligible for a lump-sum
payment under Sec. 550.1203, the agency must compute the lump-sum
payment using the annuitant's pay before any reductions required under
Sec. 837.303 of this chapter.
* * * * *
PART 551--PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT
0
11. The authority citation for part 551 continues to read as follows:
Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the Fair Labor
Standards Act of 1938, as amended by Pub. L. 93-259, 88 Stat. 55 (29
U.S.C. 204f).
Subpart D--Hours of Work
Sec. 551.422 [Amended]
0
12. In Sec. 551.422(d), remove the citation ``(41 CFR 301-1.3(c)(4))''
and add in its place ``(41 CFR 300-3.1).''
Subpart E--Overtime Pay Provisions
0
13. In Sec. 551.531, paragraph (d) is revised, paragraph (e) is
revised and redesignated as paragraph (g), and new paragraphs (e) and
(f) are added to read as follows:
Sec. 551.531 Compensatory time off.
* * * * *
(d) If compensatory time off earned under paragraph (a) or (b) of
this section is not taken within 26 pay periods after the pay period
during which it was earned or if the employee transfers or separates
from an agency before using the compensatory time, the employee must be
paid for overtime work at the dollar value prescribed in paragraph (g)
of this section.
(e) Compensatory time off to an employee's credit as of May 14,
2007 must be used by the end of the pay period ending 3 years after May
14, 2007. If the earned compensatory time off is not taken by the end
of the pay period ending 3 years after May 14, 2007, the employee must
be paid for overtime work at the dollar value prescribed in paragraph
(g) of this section.
(f) If an employee with unused compensatory time off under
paragraphs (a), (b), or (e) of this section separates from Federal
service or is placed in a leave without pay status under the following
circumstances, the employee must be paid for overtime work at the
overtime rate at the dollar value prescribed in paragraph (g) of this
section:
(1) The employee is separated or placed in a leave without pay
status to perform service in the uniformed services (as defined in 38
U.S.C. 4303 and Sec. 353.102); or
[[Page 12037]]
(2) The employee is separated or placed in a leave without pay
status because of an on-the-job injury with entitlement to injury
compensation under 5 U.S.C. chapter 81.
(g) The dollar value of compensatory time off when it is liquidated
is the amount of overtime pay the employee otherwise would have
received for hours of the pay period during which compensatory time off
was earned by performing overtime work.
* * * * *
[FR Doc. E7-4696 Filed 3-14-07; 8:45 am]
BILLING CODE 6325-39-P