[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13034-13035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5835]



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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 843

RIN 3206-AF91


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

AGENCY: Office of Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
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 
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 the Omnibus Budget Reconciliation Act of 1993.

EFFECTIVE DATE: April 10, 1995.

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

SUPPLEMENTARY INFORMATION: On October 5, 1994, we published (at 59 FR 
50705) proposed regulations to implement section 13812 of the Omnibus 
Budget Reconciliation Act of 1993, Pub. L. 103-66, 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). Section 13812 of 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 FERS. For customs 
officers, basic pay includes 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.
    We proposed a methodology for determining final salary 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 section 843.102 of Title 5, Code of Federal Regulations. 
We received no comments on the proposed regulations. We are now issuing 
final regulations to adopt that methodology.

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. [[Page 13035]] 

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 is amending 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. 95-5835 Filed 3-9-95; 8:45 am]
BILLING CODE 6325-01-M