5 CFR 550.107 - Premium payments capped on a biweekly basis when an annual limitation otherwise applies.

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§ 550.107 Premium payments capped on a biweekly basis when an annual limitation otherwise applies.

(a) The following types of premium pay remain subject to a biweekly limitation when other premium payments are subject to an annual limitation under § 550.106:

(1) Standby duty pay under 5 U.S.C. 5545(c)(1);

(2) Administratively uncontrollable overtime pay under 5 U.S.C. 5545(c)(2);

(3) Availability pay for criminal investigators under 5 U.S.C. 5545a;

(4) Overtime pay for hours in the regular tour of duty of a firefighter covered by 5 U.S.C. 5545b; and

(5) An overtime supplement for regularly scheduled overtime hours within a Border Patrol agent's regular tour of duty under 5 U.S.C. 5550.

(b) An employee must receive premium pay of the types identified in paragraph (a) of this section before receiving any other type of premium pay.

(c) In any pay period during which an employee is subject to an annual limitation under § 550.106, the employee may receive the types of premium pay identified in paragraph (a) of this section only to the extent that the payment does not cause the total of his or her basic pay and such premium pay for the pay period to exceed the greater of -

(1) The maximum biweekly rate of basic pay payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law); or

(2) The biweekly rate payable for level V of the Executive Schedule.

(d) The biweekly rates under paragraph (c) of this section are computed as provided in § 550.105(d).

(e) Premium pay paid, or projected to be paid, under this section is included in determining whether the sum of the employee's basic pay and premium pay would exceed the annual limitation under § 550.106.

[ 67 FR 19321, Apr. 19, 2002, as amended at 69 FR 55943, Sept. 17, 2004; 80 FR 58111, Sept. 25, 2015]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
Statutes at Large
Presidential Documents

Executive Order ... 10982

Executive Order ... 11257

Executive Order ... 11609

Executive Order ... 12107

Executive Order ... 12748

Title 5 published on 12-Jan-2018 03:32

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 550 after this date.

  • 2015-09-25; vol. 80 # 186 - Friday, September 25, 2015
    1. 80 FR 58094 - Overtime Pay for Border Patrol Agents
      GPO FDSys XML | Text
      Final rule.
      Effective date: This rule is effective October 15, 2015. Applicability dates: This rule is applicable beginning on January 10, 2016, except that §§ 550.1602-550.1605 and 550.1611-550.1615 are applicable on the effective date of this rule, as provided by section 2(i) of Public Law 113-277, as amended.
      5 CFR Parts 410, 550, 551, and 870