[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6640-6641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3410]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-AJ57


Administratively Uncontrollable Overtime 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 interim 
regulations concerning the rules governing payment of administratively 
uncontrollable overtime (AUO) pay. AUO is a form of premium pay paid to 
employees in positions in which the hours of duty cannot be controlled 
administratively and which require substantial amounts of irregular or 
occasional overtime work. This interim rule permits agencies to pay AUO 
pay to an employee during a temporary assignment that would not 
otherwise warrant the payment of AUO pay, if the temporary assignment 
is directly related to a national emergency. In determining the average 
hours used in computing future AUO payments, this interim rule also 
excludes from consideration, the time period for which AUO pay is paid 
during a temporary assignment.

DATES: This interim rule is effective on September 11, 2001; comments 
must be received on or before April 15, 2002.

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, FAX: (202) 606-
0824, or email: [email protected].

FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858; FAX: 
(202) 606-0824; email: [email protected].

SUPPLEMENTARY INFORMATION: Pay for administratively uncontrollable 
overtime (AUO) work is a form of premium pay paid to employees in 
positions in which the hours of duty cannot be controlled 
administratively and which require substantial amounts of irregular or 
occasional overtime work. Current OPM regulations at 5 CFR 
550.162(c)(1) provide that an agency may continue to pay AUO pay for a 
period of not more than 10 consecutive workdays on a temporary 
assignment to other duties in which conditions do not warrant AUO pay 
and for a total of not more than 30 workdays in a calendar year while 
on such a temporary assignment. An agency must discontinue an 
employee's AUO pay when a temporary assignment exceeds these time 
limits.
    In response to the terrorist attacks at the World Trade Center and 
the Pentagon, the President declared a national emergency. (See the 
Proclamation issued by the President on September 14, 2001, at http://www.whitehouse.gov/news/releases/2001/09/20010914-4.html.) In reaction 
to this emergency, Federal agencies have temporarily assigned some 
Federal employees who normally receive AUO pay to positions in which 
overtime work is generally regularly scheduled and does not warrant AUO 
pay. An agency has expressed concern that OPM's current regulations are 
too restrictive and may result in the loss of AUO pay for some 
employees. Since AUO pay is basic pay for retirement purposes for law 
enforcement officers, the suspension of AUO pay would reduce agency and 
employee contributions to the Thrift Savings Plan and may reduce 
retirement annuities for employees who are close to retirement (by 
reducing the ``high-3'' average rate of basic pay for these employees).
    These interim regulations add a new provision at 5 CFR 550.162(g) 
to provide that an agency may continue to pay AUO pay, during a 
temporary assignment that would not otherwise warrant AUO pay, if the 
temporary assignment is directly related to a national emergency 
declared by the President. An agency may continue to pay AUO pay for a 
period of not more than 30 consecutive workdays for such a temporary 
assignment and for a total of not more than 90 workdays in a calendar 
year while on such a temporary assignment. These new provisions apply 
only during a national emergency declared by the President and only to 
those employees performing work directly related to the emergency.
    In addition, these interim regulations add a provision at 5 CFR 
550.154(c) to provide that the period of time during which an employee 
continues to receive AUO pay under the authority of paragraphs (c) or 
(g) of Sec. 550.162 is not considered in computing the weekly average 
number of irregular overtime hours used in determining the amount of an 
employee's future AUO payments. This change is necessary since the loss 
of the opportunity to work irregular overtime hours during the 
temporary assignment otherwise could result in a reduction in future 
AUO payments, since these payments are based on the weekly average 
number of irregular overtime hours in a past period.

Waiver of Notice of Proposed Rule Making and Waiver of 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 to make these regulations effective in less than 30 
days. Due to the terrorist attacks at the World Trade Center and the 
Pentagon, agencies have temporarily assigned some Federal employees who 
normally receive AUO pay for irregular or occasional overtime work to 
positions in which overtime work is generally regularly scheduled and 
does not warrant AUO pay. An agency has expressed concern that current 
OPM regulations are too restrictive and may result in the loss of AUO 
pay, which could have a negative impact on affected employees' 
retirement benefits. Waiving the notice and the 30-day delay is 
justified in this national emergency.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 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.



[[Page 6641]]


U.S. Office of Personnel Management.
Kay Coles James,
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, continues 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. 550.154, paragraph (c) is added to read as follows:


Sec. 550.154  Rates of premium pay payable under Sec. 550.151.

* * * * *
    (c) The period of time during which an employee continues to 
receive premium pay on an annual basis under Sec. 550.151 under the 
authority of paragraphs (c) or (g) of Sec. 550.162 is not considered in 
computing the average hours of irregular and occasional overtime work 
under this section.

    3. In Sec. 550.162, paragraph (g) is added to read as follows:


Sec. 550.162  Payment provisions.

* * * * *
    (g) Notwithstanding paragraph (c)(1) of this section, an agency may 
continue to pay premium pay under Sec. 550.151 to an employee during a 
temporary assignment that would not otherwise warrant the payment of 
AUO pay, if the temporary assignment is directly related to a national 
emergency. An agency may continue to pay premium pay under Sec. 550.151 
for not more than 30 consecutive workdays for such a temporary 
assignment and for a total of not more than 90 workdays in a calendar 
year while on such a temporary assignment.

[FR Doc. 02-3410 Filed 2-12-02; 8:45 am]
BILLING CODE 6325-39-P