[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24455]


[[Page Unknown]]

[Federal Register: October 5, 1994]


                                                   VOL. 59, NO. 192

                                         Wednesday, October 5, 1994

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 843

RIN: 3206-AF91

 

Federal Employees Retirement System--Computation of the Basic 
Employee Death Benefit for Customs Officers

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is proposing 
regulations concerning the use of overtime and premium pay in 
determining the final annual rate of basic pay of customs officers 
under the Federal Employees Retirement System (FERS). These regulations 
would establish the methodology (similar to the one that OPM uses for 
other flexible schedule employees) that the employing agency will use 
to compute customs officers' ``final annual rate of basic pay'' for 
determining FERS ``basic employee death benefit.'' The regulations are 
necessary to implement the changes in the statutory definition of basic 
pay under FERS made by section 13812 of the Omnibus Budget 
Reconciliation Act of 1993.

DATES: Comments must be received on or before December 5, 1994.

ADDRESSES: Send comments to Reginald M. Jones, Jr., Assistant Director 
for Retirement Policy Development; Retirement and Insurance Group; 
Office of Personnel Management; P.O. Box 57; Washington, DC 20044; or 
deliver to OPM, Room 4351, 1900 E Street, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Harold L. Siegelman, (202) 606-0299.

SUPPLEMENTARY INFORMATION: Section 13812 of the Omnibus Budget 
Reconciliation Act of 1993, Pub. L. 103-66, amended section 8331(3) of 
title 5, United States Code, the definition of basic pay under the 
Civil Service Retirement System (CSRS), to include, as basic pay for 
CSRS computations, certain overtime pay for customs officers. Section 
8401(4) of title 5, United States Code, provides that the CSRS 
definition of basic pay in section 8331(3) applies to the Federal 
Employees Retirement System (FERS). For customs officers, basic pay 
will include the regular pay under the general schedule, any applicable 
locality pay, and allowable overtime pay up to $12,500 per fiscal year. 
Basic pay is used to compute final salary for the basic employee death 
benefit under FERS.
    For determining final salary, the employing agency will use a 
methodology similar to the one used for determining the ``final annual 
rate of basic pay'' of intermittent employees for the FERS basic 
employee death benefit established in Sec. 843.102 of title 5, Code of 
Federal Regulations. The employing agency will determine the total 
number of hours for which the employee was paid two-times-hourly-rate 
overtime and the total number of hours for which the employee was paid 
three-times-hourly-rate overtime during the 52-week workyear ending the 
pay period before separation. The employing agency will then determine 
the amount of overtime pay that the employee would have received during 
the 52-week workyear if that overtime were paid at two or three times 
the employee's hourly rate (regular general schedule pay rate plus 
locality pay) at the time of death. The amount of allowable overtime is 
the lesser of the amount that would have been paid during that 52-week 
workyear using the employee's hourly rate (times the appropriate 
multiplier) at the time of separation or $12,500. The final salary is 
equal to the allowable overtime computed under the previous sentence, 
plus the final annual general schedule pay, plus locality pay.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
will only affect Federal employees and agencies and retirement payments 
to retired Government employees and their survivors.

List of Subjects in 5 CFR Part 843

    Administrative practice and procedure, Claims, Disability benefits, 
Government employees, Intergovernmental relations, Pensions, Reporting 
and recordkeeping, Retirement.

U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
    Accordingly, OPM proposes to amend 5 CFR part 843 as follows:

PART 843--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEATH BENEFITS AND 
EMPLOYEE REFUNDS

    1. The authority citation for part 843 continues to read as 
follows:

    Authority: 5 U.S.C. 8461; Secs. 843.205, 843.208 and 843.209 
also issued under 5 U.S.C. 8424; Sec. 843.309 also issued under 5 
U.S.C. 8442; Sec. 843.406 also issued under 5 U.S.C. 8441.

    2. In the definition of ``final annual rate of basic pay'' in 
section 843.102, paragraph (d) is added to read as follows:


Sec. 843.102  Definitions

* * * * *
    Final annual rate of basic pay * * *
    (d) The annual pay for customs officers is the sum of the 
employee's general schedule pay, locality pay, and the lesser of--
    (1) Two times the employee's final hourly rate of pay times the 
number of hours for which the employee was paid two times salary as 
compensation for overtime inspectional service under section 5(a) of 
the Act of February 11, 1911 (19 U.S.C. 261 and 267) plus three times 
the employee's final hourly rate of pay times the number of hours for 
which the employee was paid three times salary as compensation for 
overtime inspectional service under section 5(a) in the 52-week work 
year immediately preceding the end of the last pay period in which the 
employee was in pay status; or
    (2) $12,500.
* * * * *
[FR Doc. 94-24455 Filed 10-4-94; 8:45 am]
BILLING CODE 6325-01-M