[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31822]


  Federal Register / Vol. 59, No. 248 / Wednesday, December 28, 1994 /   
[Federal Register: December 28, 1994]


                                                   VOL. 59, NO. 248

                                       Wednesday, December 28, 1994

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 451, 531, 550, 551, 591, and 630

RIN: 3206-AG15


Incentive Awards; Pay and Leave Administration

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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

SUMMARY: The Office of Personnel Management is issuing interim 
regulations to incorporate certain incentive awards and pay and leave 
administration rules contained in the provisionally retained Federal 
Personnel Manual material, which will sunset on December 31, 1994, into 
the Code of Federal Regulations and to remove certain recordkeeping and 
reporting requirements.

DATES: The interim rules are effective on January 1, 1995. Comments 
must be received on or before February 27, 1995.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, 
Acting Assistant Director for Compensation Policy, Office of Personnel 
Management, Room 6H31, 1900 E Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:
Barbara Colchao, (202) 606-2720, concerning questions about the interim 
regulations for incentive awards in 5 CFR 451, and Belva MacDonald 
(202) 606-1413, concerning questions about the interim regulations for 
pay and leave administration in 5 CFR 531, 550, 551, 591, and 630.

SUPPLEMENTARY INFORMATION: On September 7, 1993, the Report of the 
National Performance Review recommended that the Office of Personnel 
Management (OPM) deregulate personnel policy by phasing out the 10,000-
page Federal Personnel Manual (FPM). The FPM Sunset Document published 
on December 31, 1993, provided that certain FPM materials would be 
provisionally retained through December 31, 1994, to allow time for the 
development of any regulations, delegations of authority, or manuals 
necessary to authorize agency flexibility or, where required, to 
continue Governmentwide uniformity. A small number of miscellaneous 
incentive awards and pay and leave administration provisions in the FPM 
were retained for these reasons, and OPM is incorporating these 
provisions into the Code of Federal Regulations (CFR). These rules 
relate to:
    (1) Incentive awards--cash award limitations, documentation of 
informal recognition items, and eligible award recipients;
    (2) Application of the two-step promotion rule for promotions from 
GS-1 and GS-2 positions;
    (3) Application of leave without pay towards the competition of 
waiting periods for within-grade increases;
    (4) Counting travel time as ``hours of work'';
    (5) Sunday premium pay for periods of paid leave and excused 
absence;
    (6) Payments during evacuation;
    (7) Back pay computations;
    (8) Computing cost-of-living allowances for employees receiving pay 
retention; and
    (9) Leave for uncommon tours of duty.
    No new requirements will be established by these regulations. In 
addition, in an ongoing effort to reduce administrative burden, OPM has 
removed the recordkeeping requirements related to waiving the biweekly 
pay cap on premium pay and the reporting requirements for payments 
during evacuation. A summary of the provisions included in these 
regulations follows.

Incentive Awards

Cash Award Limitations

    The interim regulations amend 5 CFR 451.106(b) and 451.107(a)(3) to 
clarify that group awards may exceed $10,000 and not require OPM 
approval, and may exceed $25,000 and not require Presidential approval, 
so long as no individual in the group is granted more than $10,000 or 
$25,000, respectively. In the past, agencies have sometimes found 
confusing the current law and regulation concerning the maximum cash 
awards that can be granted with and without OPM approval. These limits 
apply to individuals whether the contribution being recognized was 
provided solely by the individual or as part of a group. These interim 
regulations do not limit the size of group awards. (These interim 
regulations reflect material found in FPM Letter 451-11, Attachment 1, 
section 2-2, February 9, 1993.)

Documentation of Informal Recognition Items

    The interim regulations amend 5 CFR 451.103 and 451.107(b) to 
include a new definition, informal recognition items, to help agencies 
distinguish nominal informal recognition items from other nonmonetary 
awards and to provide for agency flexibility with respect to 
documentation and approval requirements for informal recognition items. 
This is consistent with agencies' use of their authority under 5 U.S.C. 
4503 to incur expenses for routine recognition items of extremely 
nominal value (e.g., pens, buttons, pins, name tags, etc.) and with the 
current practice in many agencies under which some routine forms of 
recognition, such as career service certificates, which are technically 
authorized under 5 U.S.C. 4503, are neither documented in the official 
personnel folder nor subject to formal nomination and approval 
procedures. (These interim regulations reflect material found in 
provisionally retained FPM Letter 451-11, Attachment 4, section 7-5b, 
February 9, 1993.)

Eligible Award Recipients

    The interim regulations amend 5 CFR 451.104(f) to provide that 
awards may be granted to the legal heirs or estates of deceased 
employees. (These interim regulations reflect material found in 
provisionally retained FPM Chapter 451, Subchapter 3, section 3-2b, 
August 14, 1981.)

Application of the Two-Step Promotion Rule for Promotions from GS-1 and 
GS-2 Positions

    The interim regulations amend 5 CFR 531.204 to provide a method for 
determining the dollar value of a two-step promotion when step 
increases above step 10 must be calculated for employees promoted from 
grades GS-1 and GS-2. Under the interim regulations, at grades GS-1 and 
GS-2, for the purposes of promotion or transfer to a higher grade, the 
dollar value of each step increase above step 10 equals the dollar 
amount of the step increase between step 9 and step 10 of grade GS-1 
and GS-2, as appropriate.
    The dollar value of step increases at grades GS-1 and GS-2 varies. 
Consequently, the dollar amounts of the step increases above step 10 
for grades GS-1 and GS-2 cannot be determined uniformly without an 
explicit rule. The amendment to Sec. 531.204 provides agencies with 
uniform procedures for determining the amounts of the step increases 
above step 10 for GS-1 and GS-2 employees. (These interim regulations 
reflect guidance found in provisionally retained FPM Letter 531-56, 
February 16, 1982.)

Application of Leave Without Pay towards the Completion of Waiting 
Periods for Within-Grade Increases

    The interim regulations amend 5 CFR 531.406 to provide uniform 
procedures for treating the time an employee is in a nonpay status for 
the purposes of determining whether the employee has completed a 
waiting period for a within-grade increase when the employee's 
scheduled tour of duty upon return to duty is different from the tour 
of duty at the time the leave without pay (nonpay status) began. The 
interim regulations require agencies to use the original tour of duty 
(from which the time in a nonpay status was charged) for the following 
purposes: (1) crediting the time in a nonpay status toward the 
completion of a waiting period for a within-grade increase; and (2) 
extending the waiting period if the time in a nonpay status exceeds the 
allowable amount.
    Currently, the regulations provide that time in a nonpay status is 
creditable service in the computation of a waiting period if it does 
not exceed an aggregate of (1) 2 workweeks for steps 2, 3, and 4 (or 
comparable position in the rate range); (2) 4 workweeks for steps 5, 6, 
and 7 (or comparable position in the rate range); and (3) 6 workweeks 
for steps 8, 9, and 10 (or comparable position in the rate range). Time 
in a nonpay status in excess of the allowable amount extends a waiting 
period by the excess amount. The interim regulations ensure that 
employees are treated equitably by requiring agencies to compute the 
waiting period on the basis of the tour of duty in effect at the time 
the employee enters into a nonpay status and not on the tour of duty in 
effect at the end of the waiting period. (These interim regulations 
reflect guidance found in provisionally retained FPM Letter 531-57, 
February 9, 1984.)

Counting Travel Time as ``Hours of Work''

    OPM is revising regulatory language in 5 CFR 550.112 and 551.422 
regarding an agency's authority to establish a mileage radius from an 
employee's official duty station for determining entitlement to 
overtime pay for travel. The interim regulations relating to overtime 
entitlements under both title 5, United States Code (Sec. 550.112(j)), 
and the Fair Labor Standards Act of 1938, as amended (FLSA) 
(Sec. 551.422(d)), state that agencies may establish a mileage radius 
of not greater than 50 miles to determine whether an employee's travel 
is within or outside the limits of the employee's official duty station 
for overtime pay purposes. However, the interim regulations provide for 
one exception: An agency's definition of an employee's official duty 
station for determining overtime pay for travel may not be smaller than 
an employee's ``official station and post of duty'' under the Federal 
Travel Regulation published by the General Services Administration. (An 
agency may establish more than one definition of official duty station 
for determining overtime pay for travel to be applied in different 
geographic locations. for example, an agency could have a large mileage 
radius in a remote rural area and a smaller radius in an urban area.)
    The interim regulations establish parallel regulations for travel 
time as hours of work under both title 5 and the FLSA. The interim 
regulations revise the current requirement regarding travel time as 
hours of work under the FLSA so that an agency's definition of an 
employee's official duty station (including a mileage radius) that is 
used to determine entitlement to overtime pay for travel no longer has 
to be the same as that used by the agency to determine an employee's 
entitlement to per diem. Similarly, the definition of an employee's 
official duty station for purposes of overtime pay for travel need not 
necessarily be the same as that used to determine an employee's 
entitlement to locality pay, interim geographic adjustments, or special 
pay adjustments for law enforcement officers. Agencies may have 
different definitions of official duty station for different purposes. 
For example, the official duty station named on a notification of 
personnel action and used for geographic pay determinations must be a 
specific city, county, and state (or county and state in rural areas) 
to avoid confusion about entitlement to geographic pay entitlements. 
(These interim regulations revise guidance for travel time as hours of 
work under the FLSA found in provisionally retained FPM Letter 551-11, 
October 14, 1977, and incorporate similar provisions for FLSA-exempt 
employees. See former FPM letter 550-74, December 29, 1980.)
    In addition, the interim regulations (for FLSA-exempt employees) 
provide in Sec. 550.112(j)(2) that travel time between home and work is 
not hours of work and that the normal time spent in travel between home 
and work will be deducted from time spent traveling between home and a 
temporary duty location. This is parallel to current regulations in 
Sec. 551.422(b) for determining overtime pay under the FLSA.

Sunday Premium Pay for Periods of Paid Leave and Excused Absence

    The interim regulations in 5 CFR 550.171 revise the Sunday premium 
pay regulations in accordance with the decision of the United States 
Court of Appeals for the Federal Circuit in Armitage, et al. v. United 
States that employees who are regularly scheduled to work on Sunday are 
entitled to Sunday premium pay for periods of paid leave taken on 
Sundays. The regulations also state that employees covered by 
compressed work schedules are entitled to Sunday premium pay for the 
number of hours they are scheduled to work on Sundays. (These interim 
regulations reflect guidance found in provisionally retained FPM Letter 
550-79, August 20, 1993.)

Payments During Evacuation

    The interim regulations incorporate into 5 CFR part 550, subpart D, 
regulations published in FPM Supplement 990-2, Book 550, Appendix A, 
that may be adopted by agencies for making payments during evacuation 
in the United States and certain nonforeign areas. Governmentwide 
coordination of these regulations for Federal agencies is required by 
Executive Order 10982 of December 25, 1961. (The Secretary of State has 
prescribed similar regulations for civilian employees of Federal 
agencies who are located in foreign areas. These regulations are found 
in the Standardized Regulations (Government Civilians, Foreign Areas).)
    The regulations provide for payments during an evacuation to 
employees or their dependents, or both, who are ordered to evacuate 
from or within United States areas because of imminent danger to their 
lives, such as natural disasters, or for military or other reasons.
    Currently, if an agency adopts the agency regulations published in 
the FPM, the agency is required to notify OPM of the date of adoption 
and of the areas in which the regulations would be applied. The interim 
regulations delete this notification requirement. Also, the interim 
regulations delete requirements for agency evacuation reports; however, 
each agency should develop its own internal monitoring system to ensure 
that its payments conform to the regulations. As required by section 
4(b) of E.O. 10982, an agency that proposes to follow rules that differ 
from these regulations must secure prior approval from OPM. (These 
interim regulations reflect regulations found in provisionally retained 
FPM Supplement 990-2, Book 550, Appendix A. OPM does not plan to 
continue publishing the list of agencies having approved agency 
regulations for advance and evacuation payments that were published in 
provisionally retained FPM Supplement 990-2, Book 550, Appendix B.)

Back Pay Computations

    The interim regulations clarify in 5 CFR 550.805(e)(1) that 
outside, ``moonlight'' employment engaged in by the employee both while 
Federally employed and erroneously separated is not to be deducted when 
computing the amount of back pay.
    The regulations also revise the back pay computation rules in 
Sec. 550.805(e)(2) by identifying the erroneous payments that must be 
deducted from a back pay award and enumerating the order in which such 
payments must be recovered. When an employee separates or retires from 
the Federal service, the employee typically receives certain payments, 
such as a refund of the employee's retirement contributions, severance 
pay, and/or a lump-sum payment for unused annual leave, as applicable. 
If the employee retires, he or she may also receive an annuity, and his 
or her health benefits and life insurance may be continued. When an 
employee is separated or retired from the Federal service because of an 
unwarranted or unjustified personnel action, such payments must be 
recovered by the Federal Government upon the employee's return to 
service. (These interim regulations reflect guidance found in 
provisionally retained FPM supplement 990-2, Book 550, subchapter S8.)

Computing Cost-of-Living Allowances for Employees Receiving Pay 
Retention

    The interim regulations in 5 CFR 591.210 incorporate OPM's policy 
that an employee on pay retention who is entitled to a cost-of-living 
allowance or post differential is entitled to an allowance or 
differential computed as a percentage of his or her retained rate. 
(These interim regulations reflect guidance found in provisionally 
retained FPM Letter 591-50, July 26, 1989.)

Leave for Uncommon Tours of Duty

    The interim regulations include a definition of ``uncommon tour of 
duty'' in 5 CFR 630.201, remove and reserve Sec. 630.205, and revise 
Sec. 630.210 to clarify how leave is accrued and charged when an agency 
establishes a special leave accrual and usage methodology for employees 
on uncommon tours of duty, such as firefighters who have 144-hour 
biweekly schedules (i.e., six 24-hour shifts).
    The leave accrual rates for such employees must be directly 
proportionate to the rates for employees who accrue and use leave on 
the basis of an 80-hour biweekly schedule. For example, if a 
firefighter's leave is accrued and used on the basis of a 144-hour 
biweekly schedule, then the maximum annual leave accrual rate would be 
14 hours per biweekly pay period, instead of the standard rate of 8 
hours per biweekly pay period. (When 8 hours is multiplied by the 
factor of 144/80, the product is approximately 14. A special accrual 
rate of 24 hours would be used for the last full pay period in the 
calendar year to ensure equivalence in leave accrual over the entire 
year.) Such a firefighter would be charged leave proportionally for any 
applicable period of absence during the 144-hour uncommon tour of duty.
    In addition, the regulations clarify how leave balances are 
recomputed for employees who convert to a different tour of duty for 
leave purposes. Leave balances must be converted to the proper number 
of hours based on the proportion of hours in the new tour of duty 
compared to the former tour of duty. For example, if a firefighter who 
accrues and uses leave based on a 144-hour biweekly tour of duty 
converts to a position in which he or she accrues and uses leave based 
on an 80-hour biweekly tour of duty, the converted leave balance is 
computed by multiplying the former balance by the factor of 80/144. 
(These interim regulations reflect guidance found in provisionally 
retained FPM Supplement 990-2, Book 630, S2-6b.)

Removal of Recordkeeping Requirements when Biweekly Pay Caps on 
Premium Pay Are Waived

    The interim regulations eliminate the requirement in 5 CFR 
550.106(d) that agencies document each determination to pay premium pay 
under the annual limitation for work performed in connection with an 
emergency. (Final regulations allowing agencies to waive the biweekly 
limitation on premium pay during an emergency, as provided by section 
204 of the Federal Employees Pay Comparability Act of 1990, were 
published at 57 FR 31630, July 17, 1992.)
    Agencies have found it difficult to retrieve the data necessary to 
comply with this recordkeeping requirement. Therefore, OPM is amending 
its regulations to eliminate the need to document and keep certain 
records related to an emergency when an agency waives the biweekly 
premium pay limitation and uses the maximum annual earnings limitation 
for premium pay in its place. (These interim regulations are part of 
OPM's ongoing effort to reduce administrative burdens consistent with 
the goals of the National Performance Review.)

Waiver of Notice of Proposed Rule Making and Delay in Effective 
Date

    Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
for waiving the general notice of proposed rulemaking and making this 
rule effective in less than 30 days. These interim regulations reflect 
guidance found in provisionally retained FPM materials that will sunset 
on December 31, 1994. The delay in effective date is being waived to 
permit continuity in administering Governmentwide pay and leave 
administration rules.

Regulatory Flexibility Act

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

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866

List of Subjects in 5 CFR Parts 451, 531, 550, 551, 591, and 630

    Administrative practice and procedure; Claims; Decorations, medals, 
awards; Government employees; Law enforcement officers; Travel and 
transportation expenses; Wages.

U.S. Office of Personnel Management
James B. King,
Director.

    Accordingly, OPM is amending parts 451, 531, 550, 591, and 630 of 
title 5 of the Code of Federal Regulations as follows:

PART 451--INCENTIVE AWARDS

    1. The authority citation for part 451 continues to read as 
follows:

    Authority: 5 U.S.C. 4501-4507.

    2. In Sec. 451.103, a new definition, informal recognition items, 
is added to read as follows:


Sec. 451.103   Definitions.

* * * * *
    Informal recognition items means items of extremely nominal value 
granted as immediate, informal recognition of employee accomplishment.
* * * * *
    3. In Sec. 451.104, paragraphs (f) through (j) are redesignated as 
paragraphs (g) through (k), respectively, and a new paragraph (f) is 
added to read as follows:


Sec. 451.104   Policy.

* * * * *
    (f) An award under this subpart may be granted to the legal heir or 
estate of a deceased employee.
* * * * *
    4. In Sec. 451.106, paragraph (b) is revised to read as follows:


Sec. 451.106   Responsibilities of the Office of Personnel Management.

* * * * *
    (b) OPM shall review and approve or disapprove all recommendations 
for agency awards under this subpart that would grant an individual 
employee an award in excess of $10,000 but not over $25,000.
    5. In Sec. 451.107, paragraph (a)(3) is revised, paragraph (b) is 
redesignated as paragraph (c), and new paragraph (b) is added to read 
as follows:


Sec. 451.107   Agency responsibilities.

    (a) * * *
    (3) Award recommendations that would grant an individual employee 
an award in excess of $10,000 but not over $25,000; and
* * * * *
    (b) Agencies that make expenditures for informal recognition items 
for distribution to employees shall establish criteria and procedures 
for granting and, as appropriate, documenting informal recognition 
items and for distinguishing such items from formal nonmonetary awards 
granted under this part.
* * * * *

PART 531--PAY UNDER THE GENERAL SCHEDULE

    6. The authority citation for part 531 is revised to read as 
follows:

    Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, February 4, 1991, 3 
CFR 1991 Comp., p. 316;
    Subpart A also issued under 5 U.S.C. 5304, 5305, and 5553; 
section 302 of the Federal Employees Pay Comparability Act of 1990 
(FEPCA), Pub. L. 101-509, 104 Stat. 1462; 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), and 
7701(b)(2);
    Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; 
sections 302 and 404 of FEPCA, Pub. L. 101-509, 104 Stat. 1462 and 
1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356;
    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, 3 CFR 1993 Comp., p. 
682.

Subpart B--Determining Rate of Basic Pay

    7. In Sec. 531.204, paragraph (a)(3) is added to read as follows:


Sec. 531.204   Special provisions.

    (a) * * *
    (3) When an employee at grade GS-1 or grade GS-2 is promoted or 
transferred to a higher grade, the amount of a step increase above step 
10 of the employee's grade equals the amount of the increment between 
step 9 and step 10 of the grade from which promoted.
* * * * *
    8. In Sec. 531.406, the introductory text to paragraph (b)(2) is 
revised, paragraph (b)(3) is redesignated as paragraph (b)(4), and a 
new paragraph (b)(3) is added to read as follows:


Sec. 531.406   Creditable service.

* * * * *
    (b) * * *
    (2) Time in a nonpay status (based upon the tour of duty from which 
the time was charged) is creditable service in the computation of a 
waiting period for an employee with a scheduled tour of duty when it 
does not exceed an aggregate of:
* * * * *
    (3) Except as provided in paragraph (c) of this section, time in a 
nonpay status (based upon the tour of duty from which the time was 
charged) that is in excess of the allowable amount shall extend a 
waiting period by the excess amount.
* * * * *

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart A--Premium Pay

    9. The authority citation for part 550, subpart A, is revised 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.


Sec. 550.106  Annual maximum earnings limitation for work in connection 
with an emergency. [Amended]

    10. In Sec. 550.106, paragraph (d) is removed, and paragraph (e) is 
redesignated as paragraph (d).
    11. In Sec. 550.112, paragraph (j) is added to read as follows:


Sec. 550.112  Computation of overtime work.

* * * * *
    (j) Official duty station. An agency may prescribe a mileage radius 
of not greater than 50 miles to determine whether an employee's travel 
is within or outside the limits of the employee's official duty station 
for determining entitlement to overtime pay for travel under paragraph 
(g) of this section except that--
    (1) An agency's definition of an employee's official duty station 
for determining overtime pay for travel may not be smaller than the 
definition of ``official station and post of duty'' under the Federal 
Travel Regulation issued by the General Services Administration (41 CFR 
301-1.3(c)(4)); and
    (2) Travel from home to work and vice versa is not hours of work. 
When an employee travels directly from home to a temporary duty 
location outside the limits of his or her official duty station, the 
time the employee would have spent in normal home to work travel shall 
be deducted from hours of work.
    12. Section 550.171 is revised to read as follows:


Sec. 550.171  Authorization of pay for Sunday work.

    An 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 which is not overtime work or for each 
hour while in a paid leave or excused absence status on Sunday and 
which is not in excess of 8 hours or, for an employee on a compressed 
work schedule, not in excess of the number of hours the employee is 
scheduled to work on Sunday for each regularly scheduled tour of duty 
which begins or ends on Sunday.
    13. Subpart D of part 550, consisting of Secs. 550.401 through 
550.407, is revised to read as follows:

Subpart D--Payments During Evacuation

550.401  Purpose, applicability, authority, and administration.
550.402  Definitions.
550.403  Advance payments; evacuation payments; special allowances.
550.404  Computation of advance payments and evacuation payments; 
time periods.
550.405  Determination of special allowances.
550.406  Work assignments during evacuation; return to duty.
550.407  Termination of payments during evacuation.
550.408  Review of accounts; service credit.

    Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR 1959-1963., p. 502.

Subpart D--Payments During Evacuation


Sec. 550.401  Purpose, applicability, authority, and administration.

    (a) Purpose. This subpart provides regulations to administer 
subchapter III (except sections 5524a and 5525) of chapter 55 of title 
5, United States Code. The regulations provide for Governmentwide 
uniformity in making payments during an evacuation to employees or 
their dependents, or both, who are evacuated in the United States and 
certain non-foreign areas because of natural disasters or for military 
or other reasons that create imminent danger to their lives.
    (b) Applicability. This subpart applies to--
    (1) Executive agencies, as defined in section 105 of title 5, 
United States Code.
    (2) Employees of an agency who are U.S. citizens or who are U.S. 
nationals;
    (3) Employees of an agency who are not citizens or nationals of the 
United States, but who were recruited with a transportation agreement 
that provides return transportation to the area from which recruited; 
and
    (4) Alien employees of an agency hired within the United States.
    (c) Authority. The head of an agency may make advance payments and 
evacuation payments and pay special allowances as provided by this 
subpart. If the head of an agency proposes to issue regulations that 
deviate from the provisions of this subpart, prior approval of the 
agency regulations, as required by section 4(b) of Executive Order 
10982 of December 25, 1961, must be secured from the Office of 
Personnel Management.
    (d) Administration. The head of an agency having employees subject 
to this subpart is responsible for the proper administration of this 
subpart. Payment of advance payments and evacuation payments and any 
required adjustments shall be made in accordance with procedures 
established by the agency.


Sec. 550.402  Definitions.

    Agency means an Executive agency, as defined in section 105 of 
title 5, United States Code.
    Day means a calendar day, except when otherwise specified by the 
head of an agency.
    Dependent means a relative of the employee residing with the 
employee and dependent on the employee for support.
    Designated representative means a person 16 years of age or over 
who is named by an employee for the purpose of caring for a dependent.
    Evacuated employee means an employee of an agency who has received 
an order to evacuate.
    Order to evacuate means an oral or written order to evacuate an 
employee from an assigned area.
    Safe haven means a designated area to which an employee or 
dependent will be or has been evacuated.
    United States area means the several States, the District of 
Columbia,the Commonwealth of Puerto Rico, the Panama Canal Zone, and 
any territory or possession of the United States (excluding the Trust 
Territory of the Pacific Islands).


Sec. 550.403  Advance payments; evacuation payments; special 
allowances.

    (a) An advance payment of pay, allowances, and differentials may be 
made to an employee who has received an order to evacuate, provided 
that, in the opinion of the agency head or designated official, payment 
in advance of the date on which an employee otherwise would be entitled 
to be paid is required to help the employee defray immediate expenses 
incidental to the evacuation.
    (b) Evacuation payments of pay, allowances, and differentials may 
be made to an employee during an evacuation and shall be paid on the 
employee's regular pay days when feasible.
    (c) Special allowances, including travel expenses and per diem, may 
be paid to evacuated employees to offset any direct added expenses that 
are incurred by the employee as a result of his or her evacuation or 
the evacuation of his or her dependents.
    (d) An advance payment or an evacuation payment may be paid to the 
employee, a dependent 16 years of age or over, or a designated 
representative. When payment is made to someone other than the 
employee, prior written authorization by the employee must have been 
provided to the authorizing agency official.
    (e) Any agency may make payments in an evacuation situation to an 
employee of another Federal agency (or his or her dependent(s) or 
personal representative) who has received an order to evacuate. When a 
payment is made under this subpart by an agency other than the 
employee's agency, the agency making the payment shall immediately 
report the amount and date of the payment to the employee's agency in 
order that prompt reimbursement may be made.


Sec. 550.404  Computation of advance payments and evacuation payments; 
time periods.

    (a) Payments shall be based on the rate of pay (including 
allowances, differentials, or other authorized payments) to which the 
employee was entitled immediately before the issuance of the order of 
evacuation. All deductions authorized by law, such as retirement or 
social security deductions, authorized allotments, Federal withholding 
taxes, and others, when applicable, shall be made before advance 
payments or evacuation payments are made.
    (b)(1) The amount of advance payments shall cover a time period not 
to exceed 30 days or a lesser number of days, as determined by the 
authorizing agency official.
    (2) Evacuation payments shall cover the period of time during which 
the order to evacuate remains in effect, unless terminated earlier, but 
shall not exceed 180 days. When feasible, evacuation payments shall be 
paid on the employee's regular days.
    (c) When an advance payment has been made to or for the account of 
an employee, the amount of the advance payment shall not diminish the 
amount of the evacuation payments that would otherwise be due the 
employee.
    (d)(1) For full-time and part-time employees, the amount of an 
advance payment or an evacuation payment shall be computed on the basis 
of the number of regularly scheduled workdays for the time period 
covered.
    (2) For intermittent employees, the amount of an advance payment or 
evacuation payment shall be computed on the basis of the number of days 
on which the employee would be expected to work during the time period 
covered. The number of days shall be determined, whenever possible, by 
approximating the number of days per week normally worked by the 
employee during an average 6-week period, as determined by the agency.


Sec. 550.405  Determination of special allowances.

    In determining the direct added expenses that may be payable as 
special allowances, the following shall be considered:
    (a) The travel expenses and per diem for an evacuated employee and 
the travel expenses for his or her dependents shall be determined in 
accordance with the Federal Travel Regulation (FTR), whether or not the 
employee or dependents would actually be covered or subject to the FTR. 
In addition, per diem is authorized for dependents of an evacuated 
employee at a rate equal to the rate payable to the employee, as 
determined in accordance with the FTR (except that the rate for 
dependents under 11 years of age shall be one-half this rate), whether 
or not the employee or dependents would actually be covered or subject 
to the FTR. Per diem for an employee and his or her dependents shall be 
payable from the date of departure from the evacuated area through the 
date of arrival at the safe haven, including any period of delay en 
route that is beyond an evacuee's control or that may result from 
evacuation travel arrangements.
    (b) Subsistence expenses for an evacuated employee or his or her 
dependents shall be determined at applicable per diem rates for the 
safe haven or for a station other than the safe haven that has been 
approved by appropriate authority. Such subsistence expenses shall 
begin to be paid on the date following arrival and may continue until 
terminated. The subsistence expenses shall be computed on a daily rate 
basis, as follows:
    (1) The applicable maximum per diem rate shall be computed for the 
employee and each dependent who is 11 years of age or over. One-half of 
such rate shall be computed for each dependent under 11 years of age. 
These maximum rates may be paid for a period not to exceed the first 30 
days of evacuation.
    (2) If, after expiration of the 30-day period, the evacuation has 
not been terminated, the per diem rate shall be computed at 60 percent 
of the rates prescribed in paragraph (b)(1) of this section until a 
determination is made by the agency that subsistence expenses are no 
longer authorized. This rate may be paid for a period not to exceed 180 
days after the effective date of the order to evacuate.
    (3) The daily rate of the subsistence expense allowance actually 
paid an employee shall be either a rate determined in accordance with 
paragraphs (b) (1) and (2) of this section or a lower rate determined 
by the agency to be appropriate for necessary living expenses.
    (c) Payment of subsistence expenses shall be decreased by the 
applicable per-person amount for any period during which the employee 
is authorized regular travel per diem in accordance with the FTR.


Sec. 550.406  Work assignments during evacuation; return to duty.

    (a) Evacuated employees at safe havens may be assigned to perform 
any work considered necessary or required to be performed during the 
period of the evacuation without regard to the grades or titles of the 
employees. Failure or refusal to perform assigned work may be a basis 
for terminating further evacuation payments.
    (b) When part-time employees are given assigned work at the safe 
haven, records of the number of hours worked shall be maintained so 
that payment may be made for any hours of work that are greater than 
the number of hours on which evacuation payments are computed.
    (c) Not later than 180 days after the effective date of the order 
to evacuate, or when the emergency or evacuation situation is 
terminated, whichever is earlier, an employee must be returned to his 
or her regular duty station, or appropriate action must be taken to 
reassign him or her to another duty station.


Sec. 550.407  Termination of payments during evacuation.

    Advance payments or evacuation payments terminate when the agency 
determines that--
    (a) The employee is assigned to another duty station outside the 
evacuation area;
    (b) The employee abandons or is otherwise separated from his or her 
position;
    (c) The employee's employment is terminated by his or her transfer 
to retirement rolls or other type of annuity based on cessation of 
civilian employment;
    (d) The employee resumes his or her duties at the duty station from 
which he or she was evacuated;
    (e) The agency determines that payments are no longer warranted; or
    (f) The date the employee is determined to be covered by the 
Missing Persons Act (50 App. U.S.C. 1001 et seq.), unless payment is 
earlier terminated under these regulations.


Sec. 550.408  Review of accounts; service credit.

    (a) The payroll office having jurisdiction over the employee's 
account shall review each employee's account for the purpose of making 
adjustments at the earliest possible date after the evacuation is 
terminated (or earlier if the circumstances justify), after the 
employee returns to his or her assigned duty station, or when the 
employee is reassigned officially.
    (b) The employee's pay shall be adjusted on the basis of the rates 
of pay, allowances, or differentials, if any, to which he or she would 
otherwise have been entitled under all applicable statutes other than 
section 5527 of title 5, United States Code. Any adjustments in the 
employee's account shall also reflect advance payments made to the 
employee under Sec. 550.403(a) of this subpart.
    (c)(1) After an employee's account is reviewed as required by 
paragraph (a) of this section, if it is found that the employee is 
indebted for any part of the advance payment made to him or her or his 
or her dependent(s) or designated representative, recovery of the 
indebtedness shall be effected by the payroll office having 
jurisdiction over the employee's account, unless a waiver of recovery 
has been approved. Repayment of the indebtedness may be made either in 
full or in partial payments, as determined by the head of the agency or 
designated official.
    (2) Recovery of indebtedness for advance payment shall not be 
required when it is determined by the head of the agency or designated 
official that the recovery would be against equity or good conscience 
or against the public interest. Findings that formed the basis for 
waiver of recovery shall be filed in the employee's personnel folder on 
the permanent side.
    (d) For the period or periods covered by any payments made under 
this subpart, the employee shall be considered as performing active 
Federal service in his or her position without a break in service.

Subpart H--Back Pay

    14. The authority citation for subpart H of part 550 is revised to 
read as follows:

    Authority: 5 U.S.C. 5596(c); Pub. L. 100-202, 101 Stat. 1329.

    15. In Sec. 550.805, paragraph (e) is revised to read as follows:


Sec. 550.805  Back pay computations.

* * * * *
    (e) In computing the amount of back pay under section 5596 of title 
5, United States Code, and this subpart, an agency shall deduct--
    (1) Any amounts earned by an employee from other employment 
undertaken to replace the employment from which the employee had been 
separated by the unjustified or unwarranted personnel action during the 
period covered by the corrective action, but not including additional 
or ``moonlight'' employment the employee may have engaged in both while 
Federally employed and erroneously separated; and
    (2) Any erroneous payments received from the Government as a result 
of the unjustified or unwarranted personnel action, which, in the case 
of erroneous payments received from a Federal employee retirement 
system, shall be returned to the appropriate system. Such payments 
shall be recovered from the back pay award in the following order:
    (i) Retirement annuity payments (except health benefits and life 
insurance premiums);
    (ii) Refunds of retirement contributions;
    (iii) Severance pay;
    (iv) Lump-sum payment for annual leave (and the annual leave shall 
be recredited for the employee's use under part 630);
    (v) Health benefits and life insurance premiums, if coverage 
continued during the period of erroneous retirement; and
    (vi) Other authorized deductions.
* * * * *

PART 551--PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT

    16. 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

    17. In Sec. 551.422, paragraph (d) is added to read as follows:


Sec. 551.422  Time spent traveling

* * * * *
    (d) Except as provided in paragraph (b) of this section, an agency 
may prescribe a mileage radius of not greater than 50 miles to 
determine whether an employee's travel is within or outside the limits 
of the employee's official duty station for determining entitlement to 
overtime pay for travel under this part. However, an agency's 
definition of an employee's official duty station for determining 
overtime pay for travel may not be smaller than the definition of 
``official station and post of duty'' under the Federal Travel 
Regulation issued by the General Services Administration (41 CFR 301-
1.3(c)(4)).

PART 591--ALLOWANCES AND DIFFERENTIALS

Subpart B--Cost-of-Living Allowance and Post Differential--
Nonforeign Areas

    18. The authority citation for part 591, subpart B, is revised to 
read as follows:

    Authority: 5 U.S.C. 5941; E.O. 10000, 3 CFR, 1943-1948 Comp., p. 
792; and E.O. 12510, 3 CFR, 1985 Comp., p. 338.

    19. In Sec. 591.210, paragraph (b)(1) is revised to read as 
follows:


Sec. 591.210  Payment of allowances and differentials.

* * * * *
    (b)(1) Except as provided in paragraph (b)(2) of this section, 
allowances and differentials shall be calculated and paid as a 
percentage of an employee's hourly rate of basic pay, including a 
retained rate of pay under 5 U.S.C. 3594(c) or 5363, for those hours 
for which the employee receives basic pay, including all periods of 
paid leave, detail, or travel status outside the allowance or 
differential area. Allowances and differentials shall be included in 
any lump-sum payment for accumulated and current accrued annual leave 
issued under sections 5551 or 5552 of title 5, United States Code, to 
an employee who separates while in a duty status in the allowance or 
differential area.
* * * * *

PART 630--ABSENCE AND LEAVE

    20. The authority citation for part 630 is revised to read as 
follows:

    Authority: 5 U.S.C. 6311; Sec. 630.303 also issued under 5 
U.S.C. 6133(a); Sec. 630.501 and subpart F also issued under E.O. 
11228, 30 FR 7739, June 16, 1965, 3 CFR 1974 Comp., p. 163; subpart 
G also issued under 5 U.S.C. 6305; subpart H issued under 5 U.S.C. 
6326; subpart I also issued under 5 U.S.C. 6332 and Public Laws 100-
566 (102 Stat. 2834), and 103-103 (107 Stat. 1022); subpart J also 
issued under 5 U.S.C. 6362 and Public Laws 100-566 and 103-103; 
subpart K also issued under Public Law 102-25 (105 Stat. 92); and 
subpart L also issued under 5 U.S.C. 6387 and Public Law 103-3 (107 
Stat. 6, 23).

Subpart B--Definitions and General Provisions for Annual and Sick 
Leave

    21. In Sec. 630.201, paragraph (b)(7) is redesignated as paragraph 
(b)(8), and a new paragraph (b)(7) is added to read as follows:


Sec. 630.201  Definitions.

* * * * *
    (b) * * *
    (7) Uncommon tour of duty means a tour of duty that exceeds 80 
hours of work in a biweekly pay period, including hours of actual work 
plus hours in a standby status for which the employee is compensated by 
annual premium pay under 5 U.S.C. 5545(c)(1) and part 550 of this 
chapter.
* * * * *
    22. Section 630.205 is removed and reserved.


Sec. 630.205  [Reserved]

    23. Section 630.210 is revised to read as follows:


Sec. 630.210  Uncommon tours of duty.

    (a) An agency may require that an employee with an uncommon tour of 
duty accrue and use leave on the basis of that uncommon tour of duty. 
The leave accrual rates for such employees shall be directly 
proportional (based on the number of hours in the biweekly tour of duty 
and the accrual rate of the corresponding leave category) to the 
standard leave accrual rates for employees who accrue and use leave on 
the basis of an 80-hour biweekly tour of duty. One hour (or appropriate 
fraction thereof) of leave shall be charged for each hour (or 
appropriate fraction thereof) of absence from the uncommon tour of 
duty.
    (b) When an employee is converted to a different tour of duty for 
leave purposes, his or her leave balances shall be converted to the 
proper number of hours based on the proportion of hours in the new tour 
of duty compared to the former tour of duty.

[FR Doc. 94-31822 Filed 12-27-94; 8:45 am]
BILLING CODE 6325-01-M