[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Page 9995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5366]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / 
Proposed Rules  

[[Page 9995]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 551

RIN 3206-AA40


Pay Administration Under the Fair Labor Standards Act

AGENCY: Office of Merit Systems Oversight, OPM.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Office of Personnel Management (OPM) is withdrawing the 
proposed rule published on January 10, 1995, at 60 FR 2549-2551. The 
proposed rule would have added Subpart F--Complaints and Compliance to 
OPM's regulations administering pay of Federal employees under the Fair 
Labor Standards Act (FLSA or Act); however, events have overtaken the 
proposed rule.

FOR FURTHER INFORMATION CONTACT:
Jeffrey D. Miller, Director, Classification Appeals and FLSA Programs, 
by telephone on 202-606-2530; by fax on 202-606-2663; or by e-mail at 
JDM[email protected].

SUPPLEMENTARY INFORMATION: On January 10, 1995, OPM published a 
proposed rule at 60 FR 2549-2551 to amend regulations on the Fair Labor 
Standards Act (FLSA). The proposed rule was to supersede instructions 
contained in Federal Personnel Manual Letter 551-9, Civil Service 
Commission System for Administering the Fair Labor Standards Act (FLSA) 
Compliance and Complaint System (March 30, 1976).
    Pursuant to the Legislative Branch Appropriations Act of 1996, most 
of the claims settlement functions performed by the General Accounting 
Office (GAO) were transferred to the Director of the Office of 
Management and Budget (OMB). See Section 211, Public Law 104-53, 109 
Stat. 535. The OMB Director delegated these functions to various 
components within the Executive branch in a determination order dated 
June 28, 1996. This order delegated to the Office of Personnel 
Management (OPM) the authority to settle claims against the Untied 
States involving Federal employees' compensation and leave (31 U.S.C. 
3702), deceased employees' compensation 95 U.S.C. 5583), and proceeds 
of canceled checks for veterans' benefits payable to deceased 
beneficiaries (38 U.S.C. 5122). OPM is withdrawing the proposed rule to 
amend 5 CFR Part 551 while it considers a claims procedure in keeping 
with its new authority.
    Until superseded by OPM regulations, it is OPM's policy, with one 
exception, to apply to the administration of any authority transferred 
from the General Accounting Office (GAO) any applicable GAO regulations 
in effect at the time of the transfer. The exception to this policy 
involves claims arising under the Fair Labor Standards Act (FLSA), 29 
U.S.C. 201, et seq. FLSA claims will continue to be settled in the same 
manner as complaints under this Act are resolved pursuant to OPM's 
authority to administer the FLSA for the Federal Government pursuant to 
29 U.S.C. 204(f).

    Office of Personnel Management.
James B. King,
Director.
[FR Doc. 97-5366 Filed 3-4-97; 8:45 am]
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