[Federal Register Volume 65, Number 152 (Monday, August 7, 2000)]
[Rules and Regulations]
[Pages 48135-48136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19855]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 152 / Monday, August 7, 2000 / Rules 
and Regulations  

[[Page 48135]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 550, 595, and 610

RIN 3206-AI61


Pay Administration; Back Pay; Holidays; and Physicians' 
Comparability Allowances

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final 
regulations to reflect three changes in law that are already effective. 
The final regulations clarify that back pay awards are subject to a 6-
year statute of limitations unless a shorter statute of limitations 
period applies. They also reflect a change in the designation of 
holidays for certain Federal employees working overseas. Finally, they 
reflect an increase the maximum physicians' comparability allowance 
from $20,000 to $30,000 per year for employees who have served as a 
Government physician for more than 24 months.

DATES:  Effective Date: The regulations are effective on September 6, 
2000.
    Applicability Dates: The regulations apply on the first day of the 
first pay period beginning on or after September 6, 2000.

FOR FURTHER INFORMATION CONTACT: James R. Weddel, (202) 606-2858, FAX: 
(202) 606-0824, or email: [email protected].

SUPPLEMENTARY INFORMATION: These final regulations reflect three 
changes in law. Section 1104 of Public Law 105-261, the Strom Thurmond 
National Defense Authorization Act, 1999 (October 17, 1998), amends the 
back pay law (5 U.S.C. 5596(b)). Section 1104 adds a new provision to 
clarify that back pay awards are subject to a 6-year statute of 
limitations unless a shorter statute of limitations period applies. 
Section 1104 also adds a new provision to 5 U.S.C. 7121 to clarify that 
settlement of grievances and arbitration awards under 5 U.S.C. 7121 is 
subject to the same 6-year statute of limitations. This change in law 
became effective on October 17, 1998.
    Section 7 of Public Law 105-266, the Federal Employees Health Care 
Protection Act of 1998 (October 19, 1998), amends 5 U.S.C. 5948(a). 
Section 7 increases the maximum physicians' comparability allowance 
(PCA) from $20,000 to $30,000 per year for an employee who has served 
as a Government physician for more than 24 months. Section 7 also 
provides that agencies may modify any PCA service agreement in effect 
on the effective date of the Act to increase the PCA for a physician up 
to the new maximum amount during the time remaining under the service 
agreement. However, section 7 provides that any modification of an 
existing service agreement to increase a PCA cannot cause the total PCA 
paid to the employee during the calendar year to exceed the new $30,000 
maximum or any other applicable limitation (e.g., the aggregate 
limitation on pay under 5 U.S.C. 5307). These changes became effective 
on October 19, 1998. The Office of Management and Budget advises that 
agencies may authorize a PCA in excess of $20,000 only after revising 
their existing PCA plan and obtaining OMB approval of the changes.
    Section 1107 of Public Law 105-261, the Strom Thurmond National 
Defense Authorization Act, 1999 (October 17, 1998), adds a new 
provision to 5 U.S.C. 6103 to change the designation of holidays for 
certain Federal employees who work at duty posts outside the United 
States. Section 1107 provides that whenever Monday is designated as a 
holiday under 5 U.S.C. 6103(a), the first regularly scheduled workday 
in the week is the holiday for a Federal employee at a duty post 
outside the United States whose basic workweek includes Monday, but is 
not the typical Monday through Friday work schedule found in the United 
States. The intent of this new provision of law is to create a 3-day 
weekend with a holiday on Sunday for Federal employees who work Sunday 
through Thursday with nonworkdays on Friday and Saturday. This change 
in law became effective on October 17, 1998.
    Interim regulations to reflect these three changes in law were 
published in the Federal Register on December 28, 1999 (64 FR 72457). 
The Federal Register notice provided that OPM must receive comments on 
the interim regulations within 60 days, or by February 28, 2000. No 
comments were received on the interim regulations. Therefore, the 
interim regulations are adopted as final without any substantive 
changes.

E.O. 12866, Regulatory Review

    The Office of Management and Budget has reviewed this rule 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 Parts 550, 595, and 610

    Administrative practice and procedure, Claims, Government 
employees, Health professions, Holidays, Wages.

Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, the interim regulations amending parts 550, 595, and 
610 of title 5 of the Code of Federal Regulations, which were published 
at 64 FR 72457 on December 28, 1999, are adopted as final regulations 
with the following changes:

PART 610--HOURS OF DUTY

Subpart B--Holidays

    1. The authority citation for part 610, subpart B, continues to 
read as follows:

    Authority: 5 U.S.C. 6101; sec. 1(1) of E.O. 11228, 3 CFR, 1964-
1965 Comp., p. 317.

    2. Section 610.201 is revised to read as follows:


Sec. 610.201  Identification of holidays.

    Agencies determine holidays under section 6103 of title 5, United 
States Code, and Executive Order 11582 of February 11, 1971.

    3. In Sec. 610.202, paragraph (a) is revised to read as follows:

[[Page 48136]]

Sec. 610.202  Determining the holiday.

* * * * *
    (a) Except when employees are entitled to a different holiday under 
5 U.S.C. 6103(b)(3), an employee's holiday is the day designated by 5 
U.S.C. 6103(a) whenever part of the employee's basic workweek (as 
defined in Sec. 610.102) or basic work requirement (as defined in 5 
U.S.C. 6121(3)) is scheduled on that day.
* * * * *

[FR Doc. 00-19855 Filed 8-4-00; 8:45 am]
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