[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4517-4521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2153]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 64, No. 19 / Friday, January 29, 1999 / Rules
and Regulations
[[Page 4517]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AG47
Pay Administration; Premium Pay
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing revised interim
regulations on availability pay (a form of premium pay that applies to
criminal investigators who are required to complete substantial amounts
of unscheduled overtime duty) to incorporate the provisions of three
laws that have become effective since interim regulations were first
published on December 23, 1994. These statutory changes extend the
coverage of availability pay to special agents employed in the
Diplomatic Security Service of the Department of State and to pilots
employed by the United States Customs Service who are law enforcement
officers; permit any Office of Inspector General that employs fewer
than five criminal investigators to elect to exclude those employees
from availability pay; and provide alternative requirements for
compensating overtime work and crediting unscheduled duty hours for
special agents and other criminal investigators who provide protective
services for Federal officials and other individuals.
DATES: Effective date: January 29, 1999.
Applicability dates: Except for availability pay for special agents
employed by the Department of State, these regulations are applicable
on January 29, 1999. Availability pay for special agents in the
Diplomatic Security Service of the Department of State is applicable on
January 31, 1999.
Comments date: Comments must be received on or before March 30,
1999.
ADDRESSES: Comments may be sent or delivered to Donald J. Winstead,
Assistant Director for Compensation Administration, Workforce
Compensation and Performance Service, Office of Personnel Management,
Room 7H31, 1900 E Street NW., Washington, DC 20415-8200, FAX: (202)
606-0824, or email: [email protected].
FOR FURTHER INFORMATION CONTACT: James R. Weddel, (202) 606-2858, FAX:
(202) 606-0824, or email: [email protected].
SUPPLEMENTARY INFORMATION: Section 633 of the Treasury, Postal Service,
and General Government Appropriations Act, 1995 (Pub. L. 103-329,
September 30, 1994), amended title 5, United States Code, to provide
for a form of premium pay called availability pay for criminal
investigators. Availability pay became effective on the first day of
the first pay period beginning on or after October 30, 1994, except
that implementation was delayed until September 1995 for certain
criminal investigators employed by Inspectors General. Criminal
investigators receiving availability pay are exempt from the minimum
wage and overtime pay provisions of the Fair Labor Standards Act of
1938, as amended (FLSA), and may not receive annual premium pay for
administratively uncontrollable overtime (AUO) work authorized by 5
U.S.C. 5545(c)(2).
On December 23, 1994, the Office of Personnel Management (OPM)
published interim regulations on availability pay in the Federal
Register (59 FR 66149). We have received numerous comments on these
interim regulations. We plan to address those comments, as well as any
comments we receive on the revised interim regulations, when we publish
final regulations. Therefore, it is not necessary to resubmit any
comments that were submitted on the interim regulations published on
December 23, 1994.
Coverage of Special Agents in the Diplomatic Security Service
Section 407 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999, as contained
in section 101(b) in Division A of Pub. L. 105-277, the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(October 21, 1998), amended 5 U.S.C. 5545a by adding a new subsection
(k), which extends coverage of law enforcement availability pay to
special agents of the Diplomatic Security Service in the Department of
State. A provision identical to section 407 is also contained in
section 2316 of the Foreign Affairs Reform and Restructuring Act of
1998, Division G of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999. A conforming amendment was also made to 5
U.S.C. 5545a(a)(2) to delete a provision that previously excluded
special agents in the Diplomatic Security Service from the definition
of ``criminal investigator.''
As implemented in these interim regulations, availability pay
applies to a law enforcement officer in the Diplomatic Security Service
if one of the following criteria is met: (1) the employee is a special
agent in a position properly classified in the GS-1811 occupational
series; (2) the employee is a special agent in a position that has been
properly determined by the Department of State to have a Foreign
Service primary skill code of 2501; (3) the employee is a special agent
who has been placed by the Department of State in a non-covered
position on a long-term training assignment that will be career-
enhancing for a current or future assignment as a Diplomatic Security
Service special agent, provided the employee is expected to return to
duties as a Special Agent in a Foreign Service position with a 2501
primary skill code or to a position properly classified in the GS-1811
series immediately following such training; or (4) the employee
occupies a position in the Department of State in which he or she
performs duties and responsibilities of a special agent requiring
Foreign Service primary skill code 2501, pending the opening of a
position with primary skill code 2501 and placement in that position as
a Special Agent.
In addition, availability pay applies to a special agent with a
Foreign Service personal primary skill code of 2501 (or whose position
is properly classified in the GS-1811 series) if he or she meets all of
the following three conditions:
(i) The individual is assigned outside the Department of State;
[[Page 4518]]
(ii) The assigned position would have a primary skill code of 2501
(or would be properly classified in the GS-1811 series under the
General Schedule classification system based on OPM classification
standards) if the position were under the Foreign Service (or General
Schedule) in the Department of State; and
(iii) The individual is expected to return to a position as a
special agent in the Diplomatic Security Service with a 2501 primary
skill code (or to a position that is properly classified in the GS-1811
series) immediately following such outside assignment. (See the revised
definition of criminal investigator in Sec. 550.103.)
Availability pay does not apply to members of the Senior Foreign
Service, Foreign Service Officers, or members of the Senior Executive
Service. These groups of employees are not covered by subchapter V--
Premium Pay--of chapter 55 of title 5, United States Code, including 5
U.S.C. 5545a, the legal authority for availability pay for criminal
investigators. (See 5 U.S.C. 5541(2)(xiv), (xv), and (xvi).)
Section 407 also provides that no later than the effective date for
availability pay for special agents, each special agent in the
Diplomatic Security Service who is a criminal investigator (as defined
in Sec. 550.103), and the appropriate supervisory officer designated by
the Secretary of State, must make an initial certification to the
Secretary of State that the special agent is expected to meet the
unscheduled duty hours requirement for availability pay in 5 U.S.C.
5545a(d). Section 5545a(d) provides that a criminal investigator must
have an annual average of 2 unscheduled duty hours for each regular
workday. Under section 407, General Schedule and Foreign Service
special agents in the Diplomatic Security Service may not rely on 5
U.S.C. 5545a(d)(2)(B) to satisfy the unscheduled duty hour requirement
in section 5545a(d)(1). These special agents may count only hours
actually worked as unscheduled duty hours, not hours the agent was
available for work. This requirement is reflected in Secs. 550.182 (a)
and (d).
Hours of availability are also not counted as hours of work for the
purpose of determining overtime pay on an hourly basis under 5 U.S.C.
5542. Therefore, Sec. 550.111(h) has been added to clarify this point.
In addition, section 407 provides that, while performing protective
duties under the State Department Basic Authorities Act of 1956 (22
U.S.C. 2709(a)(3)), special agents of the Diplomatic Security Service
may receive overtime pay on an hourly basis for all regularly scheduled
overtime work (including the first 2 hours of overtime work on a
regular workday), provided they perform, on the same day, at least 2
hours of overtime work not scheduled in advance of the administrative
workweek. This change in law is reflected in Secs. 550.103 (definition
of ``protective duties''), 550.111(f)(2), and 550.182(b)(2).
Section 407 provides that in applying the requirement in 5 U.S.C.
5545a(h) that availability pay will be 25 percent of basic pay, any
reference to basic pay will be considered to include, with respect to a
special agent in the Diplomatic Security Service, amounts designated as
``salary.'' Therefore, Sec. 550.185(a) has been amended to provide that
availability pay is an amount equal to (1) 25 percent of a criminal
investigator's rate of basic pay, as defined in Sec. 550.103, including
amounts designated as ``salary'' for special agents in the Diplomatic
Security Service; or (2) a lesser amount to avoid exceeding the special
maximum earnings limitation for law enforcement officers in 5 U.S.C.
5547(c). This special maximum earnings limitation for law enforcement
officers is also found in Sec. 550.107 and applies to all criminal
investigators, including those who are special agents in the Diplomatic
Security Service.
Section 407 amended 5 U.S.C. 5545a(h)(2)(A) with regard to special
agents in the Diplomatic Security Service to provide that availability
pay will be considered basic pay for the purposes of sections
609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980, as
amended, which pertain to Foreign Service retirement benefits.
Therefore, a parallel paragraph has been added at Sec. 550.186(b)(7).
Section 407 amended 5 U.S.C. 5545a(h)(2)(B) to provide that
availability pay is also basic pay for any other purposes explicitly
provided for by law or as OPM or the Secretary of State (to the extent
that matters exclusively within the jurisdiction of the Secretary are
concerned) may prescribe by regulation. Therefore, a parallel provision
has been added at Sec. 550.186(b)(8).
Finally, section 407 requires the Director of OPM and the Secretary
of State to determine that all regulations necessary to implement
availability pay for special agents are in effect. The Director of OPM
and the Secretary of State agree that, with the publication of these
regulations, all regulations necessary to implement availability pay
for special agents are in effect.
Suspension of Availability Pay for Special Agents
Special agents in the Diplomatic Security Service of the Department
of State who are in the Foreign Service are not covered by the adverse
action procedures in 5 U.S.C. 7512 and 5 CFR part 752. (See 5 U.S.C.
7511(b)(6) and 5 CFR 752.401(d)(6).) Therefore, the requirements in 5
U.S.C. 5545a(e)(2), which provide that involuntary reductions in pay
resulting from a denial of certification for availability pay must be
accomplished under the adverse action procedures in subchapter II of 5
U.S.C. chapter 75, are not applicable to special agents in the Foreign
Service. Instead, Sec. 550.184(e) has been amended to provide that
involuntary suspension of availability pay for Foreign Service special
agents, resulting from a denial or cancellation of certification for
availability pay under Sec. 550.184(d), will be administered under
procedures established by regulations of the Department of State.
Coverage in Offices of Inspectors General
After the publication of the original interim availability pay
regulations, section 901 of Pub. L. 104-19, July 27, 1995 (109 Stat.
230), amended section 5545a of title 5, United States Code, to add a
new subsection (j), which provides that ``[n]otwithstanding any other
provision of this section, any Office of Inspector General which
employs fewer than 5 criminal investigators may elect not to cover such
criminal investigators under this section.'' Therefore, Sec. 550.181(a)
has been amended, and Sec. 550.181(b) has been added, to reflect the
authority to exempt criminal investigators in Offices of Inspectors
General with fewer than five criminal investigators. This authority
became effective on July 27, 1995, the date of enactment of Pub. L.
104-19.
Coverage of Customs Service Pilots Who Are Law Enforcement Officers
After publication of the original interim availability pay
regulations, section 902 of Pub. L. 104-19, July 27, 1995 (109 Stat.
230), amended section 5545a of title 5, United States Code, to add a
new subsection (i), which provides that ``[t]he provisions of
subsections (a)-(h) providing for availability pay shall apply to a
pilot employed by the United States Customs Service who is a law
enforcement officer as defined under section 5541(3).''
Section 902 also provides that coverage of the designated Customs
Service pilots under the law authorizing
[[Page 4519]]
availability pay became effective on the first day of the first
applicable pay period that began on or after the 30th day following the
date of enactment of Pub. L. 104-19. Pub. L. 104-19 was enacted on July
27, 1995. Therefore, section 902 became effective on the first day of
the first pay period that began on or after August 26, 1995. The
revised interim regulations reflect this change in law by adding
``[w]ho is a pilot employed by the United States Customs Service'' to
the definition of criminal investigator in Sec. 550.103.
Overtime Pay for Criminal Investigators Who Perform Protective
Duties
After publication of the original interim availability pay
regulations, section 531 of Pub. L. 104-52, November 19, 1995 (109
Stat. 496), amended section 5542 of title 5, United States Code, to add
a new subsection (e), which provides that ``[n]otwithstanding
subsection (d)(1) of this section, all hours of overtime work scheduled
in advance of the administrative workweek shall be compensated under
subsection (a) if that work involves duties as authorized by section
3056(a) of title 18, United States Code, and if the investigator
performs, on that same day, at least 2 hours of overtime work not
scheduled in advance of the administrative workweek.''
This amendment provides for payment of overtime pay on an hourly
basis for all regularly scheduled overtime hours of work for criminal
investigators performing protective duties authorized by section
3056(a) of title 18, including the first 2 overtime hours on a regular
workday. However, payment of overtime pay for all regularly scheduled
overtime hours worked is permitted only if the criminal investigator
performs 2 hours of overtime work during the same workday that were not
scheduled in advance of the administrative workweek. Hours of
availability may not be substituted for the required unscheduled
overtime work. This change in law became effective on November 19,
1995, the date of enactment, and is reflected in the revised interim
regulations at Secs. 550.103 (definition of protective duties),
550.111(f)(2), and 550.182(b)(2). (Note: Except for days on which
employees perform protective duties authorized by section 3056(a) of
title 18, United States Code, or by section 2709(a)(3) of title 22,
United States Code, the first 2 overtime hours on a regular workday are
always compensated by availability pay for criminal investigators, even
if those overtime hours are regularly scheduled in advance of the
administrative workweek.)
Availability Pay Is Basic Pay for the Thrift Savings Plan
Pub. L. 104-208, September 30, 1996, repealed 5 U.S.C. 8431 and
amended 5 U.S.C. 8401(4) to provide that the term ``basic pay'' has the
meaning given that term by 5 U.S.C. 8331(3) for the purpose of
regulations issued by the Federal Retirement Thrift Savings Board.
Paragraph (d) of section 628 of the Treasury and General Government
Appropriations Act, 1999, as contained in section 101(h) in Division A
of Public Law 105-277, the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999, amended 5 U.S.C. 8331(3) to add
availability pay for a criminal investigator authorized by 5 U.S.C.
5545a to the definition of ``basic pay'' in 5 U.S.C. 8331(3). Since 5
U.S.C. 8431 was repealed in 1996, Sec. 550.186(b)(5) has been revised
to state that availability pay is basic pay for the purpose of the
Thrift Savings Plan authorized by subchapter III of chapter 84 of title
5, United States Code.
Waiver of Notice of Proposed Rule Making and Delay in Effective
Date
Pursuant to 5 U.S.C. 553(b)(3)(B) and 5 U.S.C. 553(d)(3), I find
that good cause exists for waiving the general notice of proposed
rulemaking and making this rule effective on the date of its
publication in the Federal Register, except that regulations
implementing availability pay for special agents in the Diplomatic
Security Service will become effective on January 31, 1999. Section 407
of the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999, as contained in section
101(b) in Division A of Pub. L. 105-277, the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, provides that the
amendments providing availability pay for special agents will take
effect on the first day of the first applicable pay period that begins
on or after the 90th day following the enactment of the Act, and on
which date all regulations necessary to carry out such amendments are
(in the judgment of the Director of the Office of Personnel Management
and the Secretary of State) in effect. This waiver is also appropriate
because the attached changes in regulations update Office of Personnel
Management regulations to make them consistent with the following
changes in law that are already effective and have previously been
implemented.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
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 apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending part 550 of title 5 of the Code of
Federal Regulations as follows:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart A--Premium Pay
1. 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),
5545a(h)(2)(B) and (i), 5548, and 6101(c); sections 407 and 2316,
Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a);
E.O. 12748, 3 CFR, 1992 Comp., p. 316.
2. In Sec. 550.103, the definition of Criminal investigator is
revised, and a new definition of Protective duties is added in
alphabetical order to read as follows:
Sec. 550.103 Definitions.
* * * * *
Criminal investigator means a law enforcement officer as defined in
5 U.S.C. 5541(3) and this section--
(1) Whose position is properly classified under the GS-1811 or GS-
1812 series in the General Schedule classification system based on OPM
classification standards (or would be so classified if covered under
that system);
(2) Who is a pilot employed by the United States Customs Service;
(3) Who is a special agent in the Diplomatic Security Service in a
position which has been properly determined by the Department of State
to have a Foreign Service primary skill code of 2501;
(4) Who is a special agent in the Diplomatic Security Service who
has been placed by the Department of State in a non-covered position on
a long-term training assignment that will be career-enhancing for a
current or future assignment as a Diplomatic Security
[[Page 4520]]
Service special agent, provided the employee is expected to return to
duties as a special agent in a Foreign Service position with a 2501
primary skill code or to a position properly classified in the GS-1811
series immediately following such training;
(5) Who occupies a position in the Department of State in which he
or she performs duties and responsibilities of a special agent
requiring Foreign Service primary skill code 2501, pending the opening
of a position with primary skill code 2501 and placement in that
position as a special agent; or
(6) Who is a special agent in the Diplomatic Security Service with
a Foreign Service personal primary skill code of 2501 (or whose
position immediately prior to the detail was properly classified in the
GS-1811 series) and who meets all of the following three conditions:
(i) The individual is assigned outside the Department of State;
(ii) The assigned position would have a primary skill code of 2501
(or would be properly classified in the GS-1811 series under the
General Schedule classification system based on OPM classification
standards) if the position were under the Foreign Service (or General
Schedule) in the Department of State; and
(iii) The individual is expected to return to a position as a
special agent in the Diplomatic Security Service with a 2501 primary
skill code (or to a position that is properly classified in the GS-1811
series) immediately following such outside assignment.
* * * * *
Protective duties means duties authorized by section 3056(a) of
title 18, United States Code, or by section 2709(a)(3) of title 22,
United States Code.
* * * * *
3. In Sec. 550.111, paragraph (f) is revised, and a new paragraph
(h) is added to read as follows:
Sec. 550.111 Authorization of overtime pay.
* * * * *
(f)(1) Except as provided in paragraph (f)(2) of this section, for
any criminal investigator receiving availability pay under
Sec. 550.181, overtime work means actual work that is scheduled in
advance of the administrative workweek--
(i) In excess of 10 hours on a day containing hours that are part
of such investigator's basic 40-hour workweek; or
(ii) On a day not containing hours that are part of such
investigator's basic 40-hour workweek.
(2) Notwithstanding paragraph (f)(1) of this section, all overtime
work scheduled in advance of the administrative workweek on a day
containing part of a criminal investigator's basic 40-hour workweek
must be compensated under this section if both of the following
conditions are met:
(i) The overtime work involves protective duties authorized by
section 3056(a) of title 18, United States Code, or section 2709(a)(3)
of title 22, United States Code; and
(ii) The investigator performs on that same day at least 2
consecutive hours of overtime work that are not scheduled in advance of
the administrative workweek and are compensated by availability pay.
(3) Any work that would be overtime work under this section but for
paragraphs (f)(1) and (f)(2) of this section will be compensated by
availability pay under Sec. 550.181.
* * * * *
(h) Availability hours, as described in Sec. 550.182(c), are not
hours of work for the purpose of determining overtime pay under this
section.
4. Section 550.181 is revised to read as follows:
Sec. 550.181 Coverage.
(a) Each employee meeting the definition of criminal investigator
in Sec. 550.103, and fulfilling the conditions and requirements of 5
U.S.C. 5545a and Secs. 550.181 through 550.186, must receive
availability pay to compensate the criminal investigator for
unscheduled duty in excess of the 40-hour workweek based on the needs
of the employing agency, except as provided in paragraph (b) of this
section.
(b) Any Office of Inspector General that employs fewer than five
criminal investigators may elect not to cover such criminal
investigators under the availability pay provisions of 5 U.S.C. 5545a.
5. In Sec. 550.182, paragraph (a) is revised; paragraphs (b)
through (f) are redesignated as paragraphs (c) through (g),
respectively; a new paragraph (b) is added; and the newly redesignated
paragraph (d) is revised to read as follows:
Sec. 550.182 Unscheduled duty.
(a) Unscheduled Duty Hours. For the purpose of availability pay,
unscheduled duty hours are those hours during which a criminal
investigator performs work, or (except for a special agent in the
Diplomatic Security Service) is determined by the employing agency to
be available for work, that are not--
(1) Part of the 40-hour basic workweek of the investigator; or
(2) Regularly scheduled overtime hours compensated under 5 U.S.C.
5542 and Sec. 550.111.
(b) Regularly Scheduled Overtime Hours. For criminal investigators
receiving availability pay, regularly scheduled overtime hours
compensated under 5 U.S.C. 5542 and Sec. 550.111 are those overtime
hours scheduled in advance of the investigator's administrative
workweek, excluding--
(1) The first 2 hours of overtime work on any day containing a part
of the investigator's basic 40-hour workweek, as required by
Sec. 550.111(f)(1)); or
(2) The first 2 hours of overtime work performing protective duties
authorized by section 3056(a) of title 18, United States Code, or
section 2709(a)(3) of title 22, United States Code, on any day
containing a part of the investigator's basic 40-hour workweek, unless
the investigator performs 2 or more consecutive hours of unscheduled
overtime work on that same day.
* * * * *
(d) Availability Hours. To be considered available for work under
paragraph (a) of this section, a criminal investigator must be
determined by the employing agency to be generally and reasonably
accessible to perform unscheduled duty based on the needs of the
agency. Generally, the agency will place the investigator in
availability status by directing the investigator to be available
during designated periods to meet agency needs, as provided by agency
policies and procedures. Placing the investigator in availability
status is not considered scheduling the investigator for overtime hours
compensated under 5 U.S.C. 5542 and Sec. 550.111. Availability hours
may include hours during which an investigator places himself or
herself in availability status to meet the needs of the agency, subject
to agency policies and procedures (including any requirements for
after-the-fact validation or approval). A special agent in the
Diplomatic Security Service may not be credited with availability hours
and will be credited with only hours actually worked.
* * * * *
6. In Sec. 550.184, paragraph (e) is revised to read as follows:
Sec. 550.184 Annual certification.
* * * * *
(e) An involuntary suspension of availability pay resulting from a
denial or cancellation of certification under
[[Page 4521]]
paragraph (d) of this section is a reduction in pay for the purpose of
applying the adverse action procedures of 5 U.S.C. 7512 and part 752 of
this chapter, except for special agents in the Foreign Service. For
special agents in the Foreign Service, an involuntary suspension of
availability pay resulting from a denial or cancellation of
certification under paragraph (d) of this section will be administered
under procedures established by regulations of the Department of State.
* * * * *
7. In Sec. 550.185, paragraph (a) is revised to read as follows:
Sec. 550.185 Payment of availability pay.
(a) Availability pay is paid only for periods of time during which
a criminal investigator receives basic pay. Availability pay is an
amount equal to the lesser of--
(1) 25 percent of a criminal investigator's rate of basic pay, as
defined in Sec. 550.103, including amounts designated as ``salary'' for
special agents in the Diplomatic Security Service; or
(2) The maximum amount that may be paid to avoid exceeding the
maximum earnings limitation on premium pay for law enforcement officers
in 5 U.S.C. 5547(c).
* * * * *
8. In Sec. 550.186, paragraph (b) is revised to read as follows:
Sec. 550.186 Relationship to other payments.
* * * * *
(b) Availability pay is treated as part of basic pay or basic
salary only for the following purposes:
(1) 5 U.S.C. 5524a, pertaining to advances in pay;
(2) 5 U.S.C. 5595(c), pertaining to severance pay;
(3) 5 U.S.C. 8114(e), pertaining to workers' compensation;
(4) 5 U.S.C. 8331(3) and 5 U.S.C. 8401(4), pertaining to retirement
benefits;
(5) Subchapter III of chapter 84 of title 5, United States Code,
pertaining to the Thrift Savings Plan;
(6) 5 U.S.C. 8704(c), pertaining to life insurance;
(7) Sections 609(b)(1), 805, 806, and 856 of the Foreign Service
Act of 1980, as amended (Pub. L. 96-465), pertaining to Foreign Service
retirement benefits; and
(8) For any other purposes explicitly provided for by law or as the
Office of Personnel Management or the Secretary of State (for matters
exclusively within the jurisdiction of the Secretary) may prescribe by
regulation.
* * * * *
[FR Doc. 99-2153 Filed 1-27-99; 3:16 pm]
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