[Federal Register: August 5, 2004 (Volume 69, Number 150)]
[Rules and Regulations]
[Page 47353-47354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au04-1]
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Rules and Regulations
Federal Register
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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
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[[Page 47353]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 531
RIN 3206-AK56
Locality-Based Comparability Payments
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 to provide that a locality rate of pay is considered basic
pay for the purpose of computing danger pay allowances and post
differentials for certain employees temporarily assigned to work in
foreign areas for which the Department of State has established danger
pay allowances. These regulations will aid agencies in responding to
emergency, mission-critical staffing needs in support of the Global War
on Terrorism and other international activities in imminently dangerous
overseas work locations by increasing the danger pay allowance and post
differential benefits for employees temporarily assigned to such
locations.
DATES: Effective Date: August 5, 2004.
Applicability Date: These regulations apply on the first day of the
first applicable pay period beginning on or after August 5, 2004.
Comment Date: Comments must be received on or before October 4,
2004.
ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy
Associate Director for Pay and Performance Policy, Office of Personnel
Management, Room 7H31, 1900 E Street, NW., Washington, DC 20415-8200;
FAX: (202) 606-4264; or e-mail: pay-performance-policy@opm.gov.
FOR FURTHER INFORMATION CONTACT: Jeanne Jacobson, (202) 606-2858; FAX:
(202) 606-0824; or e-mail: pay-performance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
issuing interim regulations that amend 5 CFR 531.606(b) to provide that
a locality rate of pay is considered basic pay for the purpose of
computing danger pay allowances under 5 U.S.C. 5928 and post
differentials under 5 U.S.C. 5925(a) for certain employees temporarily
assigned to work in foreign areas for which the Department of State has
established danger pay allowances. These regulations will aid agencies
in responding to emergency, mission-critical staffing needs in
imminently dangerous overseas work locations in support of the Global
War on Terrorism and other international activities by increasing the
danger pay allowance and post differential benefits for employees
temporarily assigned to such locations.
Overseas Danger Pay Allowances and Post Differentials
Under 5 U.S.C. 5928, the Department of State may establish a danger
pay allowance for a foreign area on the basis of civil insurrection,
civil war, terrorism, or wartime conditions in that area which threaten
physical harm or imminent danger to the health or well-being of an
employee. A danger pay allowance may not exceed 25 percent of an
employee's rate of basic pay. Employees are entitled to receive a
danger pay allowance if they work in an approved danger pay post for a
minimum of 4 hours in one day (including while on detail or in a
temporary duty travel status).
Under 5 U.S.C. 5925(a), the Department of State may establish a
post differential for an overseas location based on conditions of
environment that differ substantially from conditions of environment in
the continental United States and warrant additional pay as a
recruitment and retention incentive. A past differential may not exceed
25 percent of an employee's rate of basic pay. Employees working on
extended detail or in a temporary duty travel status in an overseas
location with an approved post differential are entitled to receive the
post differential after working in a hardship post location for 42
days.
The allowance and differential rates established by the Department
of State apply to all United States Government civilian employees
overseas, regardless of agency affiliation. Additional information on
danger pay allowances and post differentials may be obtained from the
Department of State at http://www.state.gov/m/a/als/.
Locality Rates of Pay
Locality rates of pay under 5 U.S.C. 5304 and 5 CFR part 531,
subpart F, are authorized for employees whose official duty stations
(as defined in 5 CFR 531.602) are located in one of the locality pay
areas listed in 5 CFR 531.603, covering all locations in the 48
contiguous States and Washington, DC. Employees with official duty
stations outside the 48 contiguous States are not entitled to locality
pay. However, the official duty station of an employee who is
temporarily assigned to work in a location outside the 48 contiguous
States while on detail or in a temporary duty travel status generally
remains the duty station of his or her permanent position of record as
indicated on the most recent notification of personnel action. Such
employees are entitled to receive the locality rate of pay associated
with their official duty station while working overseas.
Under 5 U.S.C. 5304(c)(2), a locality rate of pay must be
considered part of basic pay for purposes of retirement under 5 U.S.C.
chapters 83 or 84, as applicable; life insurance under 5 U.S.C. chapter
87; premium pay under 5 U.S.C. chapter 55, subchapter V; and for such
other purposes as may be expressly provided for by law or as OPM may
prescribe by regulation. OPM regulations provide that a locality rate
of pay is considered basic pay for purposes of severance pay under 5
CFR part 550, subpart G, and advances in pay under 5 CFR part 550,
subpart B. (See 5 CFR 531.606(b).)
Computing Danger Pay Allowances and Post Differentials Using Locality
Rates of Pay
These interim regulations amend 5 CFR 531.606(b) to provide that a
locality rate of pay is considered basic pay for the purpose of
computing danger pay allowances under 5 U.S.C. 5928 and post
differentials under 5 U.S.C. 5925(a) for employees temporarily assigned
to work in a foreign area for which the Department of State has
established a danger pay allowance. Covered employees must be
temporarily assigned
[[Page 47354]]
to locations with an approved danger pay allowance (e.g., via a detail
or while in temporary duty travel status), have an official duty
station that is located in a locality pay area specified in 5 CFR
531.603, and receive a locality rate of pay under 5 U.S.C. 5304. Using
locality rates of pay to compute danger pay allowances and post
differentials for employees who must work temporarily in imminently
dangerous overseas duty locations will increase the size of these
payments and enhance their benefit for affected employees. This, in
turn, will help agencies better respond to critical staffing needs in
certain overseas duty locations in support of the Global War on
Terrorism and other important international activities.
Prior to the effective date of these regulations, a locality rate
of pay under 5 U.S.C. 5304 and 5 CFR part 531, subpart F, cannot be
considered part of an employee's basic pay for the purpose of computing
any overseas allowance or differential, including those paid to
employees detailed to or on official travel in a foreign area. Agencies
must correct the payment of any danger pay allowance, post
differential, or other overseas allowance or differential paid prior to
the effective date of these regulations if it was computed using a
locality rate of pay authorized under 5 U.S.C. 5304. An overpayment may
be recovered under an agency's regulations for collection by offset
from an indebted Government employee under 5 U.S.C. 5514 and 5 CFR part
550, subpart K, or through the appropriate provisions governing Federal
debt collection if the individual is no longer a Federal employee.
However, the head of an agency may waive an overpayment under 5 U.S.C.
5584, as appropriate.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
In order to give practical effect to these regulations at the
earliest possible moment, I find that good cause exists to waive the
general notice of proposed rulemaking pursuant to 5 U.S.C.
553(b)(3)(B). Also, I find that good cause exists for making this rule
effective in less than 30 days. The delay in effective date is waived
so that affected agencies and employees may benefit from the new
provisions as quickly as possible. Increasing the danger pay allowance
and post differential benefits for employees temporarily assigned to
imminently dangerous overseas work locations will help agencies respond
to emergency, mission-critical staffing needs in support of the Global
War on Terrorism and other important international activities.
E.O. 12866, Regulatory Review
The Office of Management and Budget has reviewed this rule 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 531
Government employees, Law enforcement officers, Wages.
Office of Personnel Management.
Kay Coles James,
Director.
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Accordingly, OPM is amending 5 CFR part 531 as follows:
PART 531--PAY UNDER THE GENERAL SCHEDULE
0
1. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p.
316; Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a),
and 7701(b)(2); Subpart C also issued under 5 U.S.C. 5304, 5305, and
5553; sections 302 and 404 of Federal Employees Pay Comparability
Act of 1990 (FEPCA), Pub. L. 101-509, 104 Stat. 1462 and 1466; and
section 3(7) of Pub. L. 102-378, 106 Stat. 1356; Subpart D also
issued under 5 U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued
under 5 U.S.C. 5336; Subpart F also issued under 5 U.S.C. 5304,
5305(g)(1), and 5553; and E.O. 12883, 58 FR 63281, 3 CFR, 1993
Comp., p. 682 and E.O. 1306, 63 FR 68151, 3 CFR, 1998 Comp., p. 224;
Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; section
302 of the FEPCA, Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786,
56 FR 67453, 3 CFR, 1991 Comp., p. 376.
Subpart F--Locality-Based Comparability Payments
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2. In Sec. 531.606, a new paragraph (b)(6) is added to read as
follows:
Sec. 531.606 Administration of locality rates of pay.
* * * * *
(b) * * *
(6) Post differentials under 5 U.S.C. 5925(a) and danger pay
allowances under 5 U.S.C. 5928 for an employee temporarily assigned to
work in a foreign area for which the Department of State has
established a danger pay allowance under 5 U.S.C. 5928, when the
employee's official duty station is located in a locality pay area
under Sec. 531.603.
* * * * *
[FR Doc. 04-17842 Filed 8-4-04; 8:45 am]
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