[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5785]


  Federal Register / Vol. 59, No. 49 / Monday, March 14, 1994 /
  
[[Page Unknown]]

[Federal Register: March 14, 1994]


                                                    VOL. 59, NO. 49

                                             Monday, March 14, 1994
=======================================================================
-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 531, 532, 550, and 575

RIN 3206-AF84

 

Special Pay Entitlements for Law Enforcement Officers

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM), in conformance with 
amendments to the Federal Employees Pay Comparability Act of 1990 
(FEPCA) made by the Technical and Miscellaneous Civil Service 
Amendments Act of 1992, is issuing final regulations to amend the 
definition of ``law enforcement officer'' for certain pay purposes and 
expand coverage of the special maximum limitation on relocation bonuses 
for law enforcement officers to five additional categories of law 
enforcement employees.

EFFECTIVE DATE: These final regulations are effective on April 13, 
1994.

FOR FURTHER INFORMATION CONTACT:
Sharon Herzberg, (202) 606-1413.

SUPPLEMENTARY INFORMATION: On January 8, 1993, OPM published interim 
regulations to implement certain provisions of the Technical and 
Miscellaneous Civil Service Amendments Act of 1992 (Pub. L. 102-378, 
October 2, 1992). These provisions include (1) an expanded definition 
of ``law enforcement officer'' in section 5541 of title 5, United 
States Code (with conforming amendments in 5 U.S.C. 4521, 5542, and 
5547, and section 402 of FEPCA); (2) an amendment to section 404 of 
FEPCA to provide OPM with the authority to determine the extent to 
which a special pay adjustment for law enforcement officers may be paid 
to an employee receiving a special salary rate under 5 U.S.C. 5305 or 
similar provision of law; and (3) an amendment to section 405 of FEPCA 
to extend application of the special maximum limitation on relocation 
bonuses for law enforcement officers to the categories of law 
enforcement employees listed in section 405 of FEPCA--i.e., Park Police 
officers, Secret Service Uniformed Division officers, special agents in 
the Diplomatic Security Service, and probation and pretrial services 
officers.
    The 60-day public comment period ended on March 9, 1993. Comments 
were received from one Federal agency, one employee organization, and 
one individual. These comments are summarized below.

Expanded Definition of ``Law Enforcement Officer''

    An agency commented that the provisions in the technical amendments 
to FEPCA providing special pay adjustments for supervisory and 
administrative law enforcement employees who are not eligible for 
special law enforcement retirement coverage are confusing and that the 
criteria should be applied consistently across the board. These 
provisions are in law, and OPM does not have the authority to change 
them. The law provides four definitions of ``law enforcement officer'' 
for purposes of special pay adjustments that differ according to an 
employee's retirement coverage and whether his or her position is or is 
not supervisory or administrative.
    An employee who meets the definition of ``law enforcement officer'' 
in section 5541(3) of title 5, United States Code, must also be subject 
to the provisions of chapter 51 of title 5, United States Code 
(Classification), in order to be entitled to a special pay adjustment 
provided by section 404 of FEPCA. To meet the definition, an employee 
must be a ``law enforcement officer'' who--
    (1) Is subject to the Civil Service Retirement System (CSRS) or the 
Federal Employees Retirement System (FERS), is in a primary 
(nonsupervisory) or secondary (supervisory or administrative) law 
enforcement position, and is actually covered by the corresponding 
special law enforcement retirement provisions of CSRS or FERS;
    (2) Is subject to (CSRS), is in a secondary (supervisory or 
administrative) position that has been approved for law enforcement 
retirement purposes, but is not eligible for law enforcement retirement 
coverage;
    (3) Is subject to FERS and, as in (2), is in an approved secondary 
position, but is not eligible for law enforcement retirement coverage; 
or
    (4) Is not subject to either CSRS or FERS and is in a position that 
OPM determines would satisfy one of the other three conditions cited 
above.
    In addition, an employee who has had law enforcement retirement 
coverage granted retroactively for service while subject to 5 U.S.C. 
chapter 51 is entitled to the special pay adjustment retroactively.
    An agency commented that there is a lack of congruence between the 
definitions of ``law enforcement officer'' under CSRS and FERS and that 
the classification standards should provide specific guidance for 
linking law enforcement duties to the definition of ``law enforcement 
officer'' for retirement purposes. Questions that arise concerning law 
enforcement duties for the purpose of determining an employee's 
entitlement to these special pay adjustments must be handled within the 
context of the technical amendments to FEPCA and law enforcement 
retirement law and regulations. Such issues are not within the scope of 
a classification standard. Adding a discussion of these issues to 
classification standards would add unnecessarily to the complexity of 
the standards without adding materially to the quality of information 
already provided.
    An employee organization commented that the definitions of ``law 
enforcement officer'' in these regulations should provide guidance on 
specific positions, job series, or duties. Such guidance is beyond the 
scope of these regulations. The criteria for approval of a position as 
a primary or secondary law enforcement position are in 5 CFR part 831, 
subpart I, for employees subject to CSRS, and in 5 CFR part 842, 
subpart H, for employees subject to FERS. Most employees who are 
covered by law enforcement retirement provisions are criminal 
investigators, Border Patrol Agents, Deputy U.S. Marshals, correctional 
officers, or support personnel in correctional institutions who have 
frequent and direct contact with inmates. Most Federal police officers 
are not covered by law enforcement retirement provisions.

Basic Pay for Computation of Special Pay Adjustments

    An agency commented that some of its attorneys and accountants are 
on nationwide special rates under 5 U.S.C. 5305 that are not 
specifically related to law enforcement duties. Some of these attorneys 
and accountants have been granted retroactive coverage under the law 
enforcement retirement provisions. The agency believes special pay 
adjustments for LEO's should not be based on nationwide special rates 
unless the special rates are directly related to law enforcement 
duties.
    The interim regulations for special pay entitlements for law 
enforcement officers published on January 8, 1993, provided for 
computation of special pay adjustments on the basis of a nationwide or 
worldwide special salary rate under 5 U.S.C. 5305. Such a rate was 
included in the definition of ``scheduled annual rate of pay'' in 
Sec. 531.301 of title 5, Code of Federal Regulations.
    In developing regulations for the implementation of locality-based 
comparability payments under 5 U.S.C. 5304, OPM determined that a 
special law enforcement adjusted rate of pay should not be based on a 
nationwide or worldwide special salary rate under 5 U.S.C. 5305. The 
final regulations for locality-based comparability payments published 
on December 30, 1993, [58 FR 69169] removed special rates of pay under 
5 U.S.C. 5305 from the definition of ``scheduled annual rate of pay'' 
in Sec. 531.301. It should be noted that special pay adjustments 
continue to be based on the special rates for law enforcement officers 
provided by section 403 of FEPCA. For law enforcement officers who were 
receiving special pay adjustments on top of special rates under 5 
U.S.C. 5305, the regulations established a continued rate of pay equal 
to the rate received before this change became effective so that there 
would be no loss in pay.

Miscellaneous

    The Office of Management and Budget changed the title of the Boston 
CMSA to the Boston-Worcester-Lawrence, MA-NH-ME-CT CMSA, effective on 
June 30, 1993. (Although the title of the Boston CMSA changed, the 
geographic coverage did not change). Also, section 628 of the Treasury, 
Postal Service, and General Government Appropriations Act, 1994 (Pub. 
L. 103-123, October 28, 1993), amended section 404 of FEPCA by striking 
``Washington, DC-MD-VA Metropolitan Statistical Area'' and inserting in 
its place ``Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan 
Statistical Area.'' This amendment became effective on October 28, 
1993. Accordingly, OPM is revising the titles of the Boston and 
Washington metropolitan statistical areas in paragraph (a) of the 
definition of ``special pay adjustment area'' (Sec. 531.301) and in the 
chart in Sec. 531.302(a).
    An individual called OPM staff by telephone and pointed out that an 
incorrect citation for the definition of ``law enforcement officer'' 
was used in 5 CFR 575.302. OPM is revising Sec. 575.302 to substitute 
the correct reference.
    OPM is taking this opportunity to make technical corrections to two 
additional regulatory sections to conform with changes in law. The 
Technical and Miscellaneous Civil Service Amendments Act of 1992 (Pub. 
L. 102-378, October 2, 1992) revised the divisor for computing overtime 
pay for certain prevailing rate employees (i.e., those employees whose 
pay is fixed on either a monthly or annual basis) from 2,080 to 2,087. 
The amendment became effective on the first day of the first pay period 
beginning on or after October 2, 1992. OPM is revising 5 CFR 550.113 
accordingly.
    In addition, OPM is correcting erroneous citations in 5 CFR 
531.205(a) (3) and (4) by removing the reference to ``5 U.S.C. 5305'' 
and inserting ``5 U.S.C. 5303.'' Prior to enactment of FEPCA, annual 
adjustments to pay schedules were covered under section 5305 of title 
5, United States Code. As a result of the FEPCA amendments, annual 
adjustments are now covered under section 5303. The references in 
Sec. 531.205(a) must be changed accordingly.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
apply only to Federal agencies and employees.

List of Subjects

5 CFR Part 531

    Government employees, Law enforcement officers, Wages.

5 CFR Part 532

    Administrative practices and procedures, Freedom of Information, 
Government employees, Reporting and recordkeeping requirements, Wages.

5 CFR Part 550

    Administrative practices and procedures, Claims, Government 
employees, Wages.

5 CFR Part 575

    Government employees, Wages.

U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.

    Accordingly, the interim rule amending 5 CFR parts 531, 532, 550, 
and 575, published at 58 FR 3199 on January 8, 1993, as amended by the 
final rule published at 58 FR 69169 on December 30, 1993, is adopted as 
final with the following additional changes:

PART 531--PAY UNDER THE GENERAL SCHEDULE

    1. The authority citation for part 531 continues to read as 
follows:

    Authority: 5 U.S.C. 5115, 5307, 5338, and chapter 54; E.O. 
12748, 56 FR 4521, February 4, 1991, 3 CFR 1991 Comp., p. 316.
    Subpart A also issued under section 302 of the Federal Employees 
Pay Comparability Act of 1990 (FEPCA), 104 Stat. 1462, 5 U.S.C. 
5304, 5305, and 5553, and E.O. 12786, 56 FR 67453, December 30, 
1991, 3 CFR 1991 Comp., p. 376;
    Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), 
5402, and 7701(b)(2);
    Subpart C also issued under section 404 of FEPCA, 104 Stat. 
1466, section 3(7) of Pub. L. 102-378 (October 2, 1992), section 302 
of FEPCA, 104 Stat. 1462, and 5 U.S.C. 5304, 5305, and 5553.
    Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
    Subpart E also issued under 5 U.S.C. 5336;
    Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553, 
and E.O. 12883, 58 FR 63281, November 29, 1993.


Sec. 531.205  [Amended]

    2. In Sec. 531.205, paragraphs (a)(3) and (4) are amended by 
removing the reference ``5 U.S.C. 5305'' and inserting in its place ``5 
U.S.C. 5303''.
    3. In Sec. 531.301, under the definition of ``special pay 
adjustment area,'' paragraphs (a) and (h) are revised to read as 
follows:


Sec. 531.301  Definitions.

* * * * *
    Special pay adjustment area * * *
    (a) Boston-Worcester-Lawrence, MA-NH-ME-CTCMSA;
* * * * *
    (h) Washington-Baltimore, DC-MD-VA-WV CMSA.
    4. In Sec. 531.302, paragraph (a) is revised to read as follows:


Sec. 531.302  Determining special law enforcement adjusted rates of 
pay.

    (a) To determine the special law enforcement adjusted rate of pay, 
the scheduled annual rate or pay for a law enforcement officer whose 
official duty station is in one of the special pay adjustment areas 
listed below shall be multiplied by the factor shown for that area:

------------------------------------------------------------------------
                 Special pay adjustment area                     Factor 
------------------------------------------------------------------------
Boston-Worcester-Lawrence, MA-NH-ME-CT CMSA...................      1.16
Chicago-Gary-Kenosha, IL-IN-WI CMSA...........................      1.04
Los Angeles-Riverside-Orange County, CA CMSA..................      1.16
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA CMSA....      1.16
Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD CMSA.......      1.04
San Francisco-Oakland-San Jose, CA CMSA.......................      1.16
San Diego, CA MSA.............................................      1.08
Washington-Baltimore, DC-MD-VA-WV CMSA........................      1.04
------------------------------------------------------------------------

* * * * *

PART 550--PAY ADMINISTRATION (GENERAL)

    1. The authority citation for subpart A of part 550 continues to 
read as follows:

    Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv), 5548, and 
6101(c); E.O. 12748, 3 CFR 1991 Comp., p. 316.

    2. In Sec. 550.113, paragraphs (d) (1) and (2) are revised to read 
as follows:


Sec. 550.113  Computation of overtime pay.

* * * * *
    (d) * * *
    (1) If the rate of basic pay of the employee is fixed on an annual 
basis, divide the rate of basic pay by 2,087 and multiply the quotient 
by one and one-half; and
    (2) If the rate of basic pay of the employee is fixed on a monthly 
basis, multiply the rate of basic pay by 12 to derive an annual rate of 
basic pay, divide the annual rate of basic pay by 2,087, and multiply 
the quotient by one and one-half.
* * * * *

PART 575--RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES; 
SUPERVISORY DIFFERENTIALS

    3. The authority citation for part 575 continues to read as 
follows:

    Authority: 5 U.S.C. 1104(a)(2), 5753, 5754, and 5755; sec. 302 
and 404 of the Federal Employees Pay Comparability Act of 1990 (Pub. 
L. 101-509), 104 Stat. 1462 and 1466, respectively; E.O. 12748, 56 
FR 4521, February 4, 1991, 3 CFR 1991 Comp., p. 316.

    4. In Sec. 575.302, paragraph (a)(4) is revised to read as follows:


Sec. 575.302  Delegation of authority.

    (a) * * *
    (4) A position as a law enforcement officer, as defined in 
Sec. 550.103 of this chapter;
* * * * *
[FR Doc. 94-5785 Filed 3-11-94; 8:45 am]
BILLING CODE 6325-01-M