[Federal Register: February 13, 2002 (Volume 67, Number 30)]
[Rules and Regulations]
[Page 6640-6641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe02-2]
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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: payleave@opm.gov.
FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858; FAX:
(202) 606-0824; email: payleave@opm.gov.
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