[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3539-3544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1835]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 530, 531, 534, 550, 575, 581, 582, and 630
RIN: 3206-AH09
Pay Under the General Schedule; Termination of Interim Geographic
Adjustments
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations to implement the termination of interim geographic
adjustments (IGA's) payable to certain Federal employees. The IGA's
were terminated by the President because the locality-based
comparability payments he authorized for January 1996 exceed 8 percent
in both of the two remaining IGA areas (New York-Northern New Jersey-
Long Island, NY-NJ-CT-PA, and Los Angeles-Riverside-Orange County, CA).
DATES: The regulations are effective on January 1, 1996, and are
applicable on the first day of the first pay period beginning on or
after January 1, 1996. Comments must be received on or before April 1,
1996.
ADDRESSES: Comments may be sent or delivered to Donald J. Winstead,
Assistant Director for Compensation Policy, Human Resources Systems
Service, Office of Personnel Management, Room 6H31, 1900 E Street NW.,
Washington, DC 20415 (FAX: (202) 606-0824).
FOR FURTHER INFORMATION CONTACT: Jeanne D. Jacobson, (202) 606-2858 or
FAX: (202) 606-0824.
SUPPLEMENTARY INFORMATION: On August 31, 1995, the President
transmitted to Congress a plan for fixing alternative levels of
locality-based comparability payments affecting General Schedule (GS)
employees in January 1996 under the authority of 5 U.S.C. 5304a. The
alternative plan provides an 8.05-percent comparability payment for the
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, locality pay
area and an 8.15-percent comparability payment for the Los Angeles-
Riverside-Orange County, CA, locality pay area. These locality payments
will exceed the 8-percent interim geographic adjustment (IGA)
authorized for the New York-Northern New Jersey-Long Island, NY-NJ-CT-
PA, and Los Angeles-Riverside-Orange County, CA, interim geographic
adjustment areas. Consequently, the President issued Executive Order
12984 of December 28, 1995, which includes no IGA pay schedules. This
action has the effect of terminating the IGA's previously established
for the New York and Los Angeles Consolidated Metropolitan Statistical
Areas (CMSA's). These interim regulations implement the termination of
IGA's.
Section 302 of the Federal Employees Pay Comparability Act of 1990
(FEPCA) (Pub. L. 101-509) authorized the President to establish IGA's
of up to 8 percent of basic pay for GS employees in geographic areas
with significant disparities between Federal and non-Federal pay. On
December 12, 1990, the President issued Executive Order 12736,
designating the (1) New York-Northern New Jersey-Long Island, NY-NJ-CT
CMSA (changed to the New York-Northern New Jersey-Long Island, NY-NJ-
CT-PA CMSA as of December 31, 1992); (2) Los Angeles-Anaheim-Riverside,
CA CMSA (changed to the Los-Angeles-Riverside-Orange County, CA CMSA as
of December 31, 1992); and (3) San Francisco-Oakland-San Jose, CA CMSA
as geographic areas in which IGA's should be paid. Payment of IGA's in
these geographic areas began in January 1991.
Interim geographic adjustments were intended to be an interim
measure pending the implementation of locality-based comparability
payments in January 1994. Because locality pay is to be phased in over
several years, section 302(d)(2)(A) of FEPCA provides that employees
receiving IGA's may not have their pay reduced as a result of the
implementation of locality pay. Therefore, the regulations governing
IGA's under 5 CFR part 531, subpart A, provided that an employee's IGA
entitlement terminates when his or her locality rate of pay exceeds his
or her IGA rate of pay.
In January 1995, the San Francisco-Oakland-San Jose, CA CMSA was
terminated as an IGA area because the locality payment for that area
exceeded 8 percent. (See Executive Order 12944 of December 29, 1994.)
Since locality pay will exceed 8 percent in the New York-Northern New
Jersey-Long Island, NY-NJ-CT-PA, and Los Angeles-Riverside-Orange
County, CA, IGA areas in January 1996, the President has terminated
IGA's for these areas, as well.
As a result of the termination of IGA's, OPM is removing 5 CFR part
531, subpart A, ``Interim Geographic Adjustments.'' However, because
some employees in the former IGA areas will continue to receive
``continued rates of pay'' (a form of saved pay established in January
1994 for employees who previously received an IGA on top of a worldwide
or nationwide special rate), we are retaining--in a new subpart G of
part 531--several provisions previously found in subpart A concerning
the administration of continued rates of pay.
These interim regulations also make conforming changes in other
parts of the regulations to reflect the termination of IGA's. For
example, the interim regulations revise the definition of rate of basic
pay in Sec. 550.103 relating to premium pay by removing the reference
to ``interim geographic adjustment'' and
[[Page 3540]]
adding ``continued rate adjustment'' to the list of payments included
in an employee's rate of basic pay for premium pay purposes.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists
for waiving the general notice of proposed rulemaking. Also, pursuant
to 5 U.S.C. 553(d)(3), I find that good cause exists to make this
amendment effective in less than 30 days. These interim regulations
reflect the termination of IGA's effective on the first day of the
first pay period beginning on or after January 1, 1996, as required by
the President's Executive Order 12984 of December 28, 1995.
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 Parts 530, 531, 534, 550, 575, 581, 582, and
630
Administrative practice and procedure, Alimony, Child support,
Claims, Government employees, Hospitals, Law enforcement officers,
Reporting and recordkeeping requirements, Students, and Wages.
Office of Personnel Management,
James B. King,
Director.
Accordingly, OPM is proposing to amend parts 530, 531, 534, 550,
575, 581, and 582, and 630 of title 5, Code of Federal Regulations, as
follows:
PART 530--PAY RATES AND SYSTEMS (GENERAL)
1. The authority citation for part 530 is revised to read as
follows:
Authority: 5 U.S.C. 5305 and 5307; E.O. 12748, 56 FR 4521, 3
CFR, 1991 Comp., p. 316;
Subpart B also issued under secs. 302(c) and 404(c) of the
Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509),
104 Stat. 1462 and 1466, respectively;
Subpart C also issued under sec. 4 of the Performance Management
and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107
Stat. 981.
2. In Sec. 530.202, paragraph (2) in the definition of aggregate
compensation is revised to read as follows:
Sec. 530.202 Definitions.
* * * * *
Aggregate compensation means the total of--
(2) Locality-based comparability payments under 5 U.S.C. 5304;
continued rate adjustments under subpart G of part 531 of this chapter;
or special pay adjustments for law enforcement officers under section
404 of the Federal Employees Pay Comparability Act of 1990 (Pub. L.
101-509);
* * * * *
PART 531--PAY UNDER THE GENERAL SCHEDULE
3. The authority citation for part 531 is revised 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 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;
Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553;
section 302 of the Federal Employees Pay Comparability Act of 1990
(FEPCA), Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR
67453, 3 CFR, 1991 Comp., p. 376.
4. Subpart A consisting of Secs. 531.101-531.106 is removed and
reserved.
5. In Sec. 531.301, paragraph (1) in the definition of scheduled
annual rate of pay is revised to read as follows:
Sec. 531.301 Definitons.
* * * * *
Scheduled annual rate of pay means--
(1) The General Schedule rate of basic pay for the employee's grade
and step (or relative position in the rate range), including a special
rate for law enforcement officers under section 403 of the Federal
Employees Pay Comparability Act of 1990 (FEPCA) (Pub. L. 101-509), but
exclusive of a special salary rate established under 5 U.S.C. 5305 or
similar provision of law (other than section 403 of FEPCA), a continued
rate of pay under subpart G of this part, a special law enforcement
adjusted rate of pay under this subpart (including a rate continued
under Sec. 531.307), a locality rate of pay under subpart F of this
part, or additional pay of any kind;
* * * * *
6. In Sec. 531.304, paragraphs (a)(2) and (k) are revised to read
as follows:
Sec. 531.304 Administration of special law enforcement adjusted rates
of pay.
(a) * * *
(2) A continued rate of pay under subpart G of this part;
* * * * *
(k) When an employee's special law enforcement adjusted rate of pay
under this subpart is greater than any applicable locality rate of pay
under subpart F of this part, a continued rate of pay under subpart G
of this part, or special salary rate under 5 U.S.C. 5305 or similar
provision of law (other than section 403 of FEPCA), the payment of the
rate resulting from the comparison required by paragraph (a) of this
section shall be deemed to have reduced the special pay adjustment for
law enforcement officers payable under section 404 of FEPCA, as
authorized by section 404(a) of FEPCA.
7. Section 531.306 is revised to read as follows:
Sec. 531.306 Effect of special pay adjustments for law enforcement
officers on retention payments under FBI demonstration project.
As required by section 406 of the Federal Employees Pay
Comparability Act of 1990 (Pub. L. 101-509), a retention payment
payable to an employee of the New York Field Division of the Federal
Bureau of Investigation under section 601(a)(2) of Public Law 100-453,
as amended, shall be reduced by the amount of any special any
adjustment for law enforcement officers payable to that employee under
this subpart. For the purpose of applying this section, the amount of
the special pay adjustment for law enforcement officers shall be
determined by subtracting the employee's scheduled annual rate of pay
from his or her special law enforcement adjusted rate of pay.
8. In Sec. 531.602, paragraph (1) in the definition of scheduled
annual rate of pay is revised to read as follows:
Sec. 531.602 Definitions.
* * * * *
Scheduled annual rate of pay means--
(1) The General Schedule rate of basic pay for the employee's grade
and step (or relative position in the rate range), including a special
rate for law enforcement officers under section 403 of the Federal
Employees Pay Comparability Act of 1990 (FEPCA)
[[Page 3541]]
(Pub. L. 101-509, 104 Stat. 1465), but exclusive of a special salary
rate established under 5 U.S.C. 5305 or similar provision of law (other
than section 403 of FEPCA), a continued rate of pay under subpart G of
this part, a special law enforcement adjusted rate of pay under subpart
C of this part (including a rate continued under Sec. 531.307), a
locality rate of pay under this subpart, or additional pay of any kind;
* * * * *
9. In Sec. 531.606, paragraph (a)(2) is revised to read as follows:
Sec. 531.606 Administration of locality rates of pay.
(a) * * *
(2) A continued rate of pay under subpart G of this part;
* * * * *
10. A new subpart G is added to read as follows:
Subpart G--Continued Rates of Pay
Sec.
531.701 Definitions.
531.702 Computation of hourly, daily, weekly, and biweekly
continued rates of pay.
531.703 Administration of continued rates of pay.
531.704 Effect of continued rates of pay on retention payments
under FBI demonstration project.
531.705 Reports.
Subpart G--Continued Rates of Pay
Sec. 531.701 Definitions.
In this subpart:
Continued rate of pay means a rate of pay first established in
January 1994 for an employee who previously received an interim
geographic adjustment on top of a worldwide or nationwide special rate
authorized under 5 U.S.C. 5305.
Employee means an employee in a position in whom subchapter III of
chapter 53 of title 5, United States Code applies, whose official duty
station is located in an interim geographic adjustment area and who is
receiving a continued rate of pay.
General Schedule means the basic pay schedule established under 5
U.S.C. 5332.
Interim geographic adjustment area means one of the following
Consolidated Metropolitan Statistical Areas (CMSA's), as defined by the
Office of Management and Budget (OMB), that was an interim geographic
adjustment area when continued rates of pay first became applicable in
January 1994:
(1) New York-Northern New Jersey-Long Island, NY-NJ-CT-PA;
(2) Los Angeles-Riverside-Orange County, CA; or
(3) San Francisco-Oakland-San Jose, CA.
Official duty station means the duty station for an employee's
position of record as indicated on his or her most recent notification
of personnel action.
Sec. 531.702 Computation of hourly, daily, weekly, and biweekly
continued rates of pay.
When it is necessary to convert a continued rate of pay from an
annual rate to an hourly, daily, weekly, or biweekly rate, the
following methods apply:
(a) To derive an hourly rate, divided the continued rate by 2,087
and round to the nearest cent, counting one-half cent and over as a
whole cent;
(b) To derive a daily rate, multiply the hourly rate by the number
of daily hours of service required by the employee's basic daily tour
of duty;
(c) To derive a weekly or biweekly rate, multiply the hourly rate
by 40 or 80, as the case may be.
Sec. 531.703 Administration of continued rates of pay.
(a) An employee shall receive the greatest of--
(1) His or her rate of basic pay, including any applicable special
salary rate established under 5 U.S.C. 5305 or similar provision of law
or special rate for law enforcement officers under section 403 of
FEPCA;
(2) A continued rate of pay under this subpart;
(3) A special law enforcement officer adjusted rate of pay under
subpart C of this part, where applicable, including a special law
enforcement adjusted rate of pay continued under Sec. 531.307; or
(4) A locality rate of pay under subpart F of this part, where
applicable.
(b) A continued rate of pay is considered basic pay for the same
purposes as described in Sec. 531.606(b), as applicable.
(c) A continued rate of pay is paid only for those hours for which
an employee is in a pay status, except that it shall be included in a
lump-sum payment for annual leave under 5 U.S.C. 5551 or 5552.
(d) A continued rate of pay is included in an employee's ``total
remuneration,'' as defined in Sec. 551.511(b) of this chapter, and
``straight time rate of pay,'' as defined in Sec. 551.512(b) of this
chapter, for the purpose of computations under the Fair Labor Standards
Act of 1938, as amended.
(e) At the time of an adjustment in pay under 5 U.S.C. 5303, a
continued rate of pay shall be increased by the lesser of--
(1) The dollar amount of the adjustment (including a zero
adjustment) made under 5 U.S.C. 5303 in the General Schedule rate of
basic pay for the employee's grade and step (or relative position in
the rate range); or
(2) The dollar amount of the adjustment (including a zero
adjustment) in the special salary rate applicable to the employee as a
result of the annual review of special rates required by Sec. 530.304
of this chapter.
(f) An increase in a continued rate of pay under paragraph (e) of
this section is not an equivalent increase in pay within the meaning of
section 5335 of title 5, United States Code.
(g) A continued rate of pay terminates on the date--
(1) An employee's official duty station is no longer located in one
of the interim geographic adjustment areas;
(2) An employee is no longer in a position covered by this subpart;
(3) An employee separates from Federal service;
(4) An employee's special salary rate under 5 U.S.C. 5305 or
similar provision of law (other than section 403 of FEPCA) exceeds his
or her continued rate of pay;
(5) An employee's special law enforcement adjusted rate of pay
under subpart C of this part exceeds his or her continued rate of pay;
(6) An employee's locality rate of pay under subpart F of this part
exceeds his or her continued rate of pay;
(7) An employee is reduced in grade; or
(8) An employee is no longer in a position covered by a nationwide
or worldwide special rate authorization (or, in the event of the
conversion of a nationwide or worldwide special rate authorization to a
local special rate authorization, a position covered by the new local
special rate authorization).
(h) Termination of a continued rate of pay under paragraph (g) of
this section is not an adverse action for the purpose of subpart D of
part 752 of this chapter.
(i) An employee's entitlement to a continued rate of pay is not
affected by a temporary promotion or a temporary reassignment.
Sec. 531.704 Effect of continued rates of pay on retention payments
under FBI demonstration project.
As required by section 406 of the Federal Employees Pay
Comparability Act of 1990 (Pub. L. 101-509), a retention payment
payable to an employee of the New York Field Division of the Federal
Bureau of Investigation under section 601(a)(2) of Public Law 100-453,
as amended, shall
[[Page 3542]]
be reduced by the amount of any continued rate adjustment payable to
that employee under this subpart. For the purpose of applying this
section, the amount of any continued rate adjustment shall be
determined by subtracting the employee's scheduled annual rate of pay
(as defined in Sec. 531.602 of this part from his or her continued rate
of pay.
Sec. 531.705 Reports.
The Office of Personnel Management may require agencies to report
pertinent information concerning the administration of payments under
this subpart.
PART 534--PAY UNDER OTHER SYSTEMS
11. The authority citation for part 534 continues to read as
follows:
Authority: 5 U.S.C. 1104, 5307, 5351, 5352, 5353, 5376, 5383,
5384, 5385, 5541, and 5550a.
12. In Sec. 534.401, paragraph (b)(3) is revised to read as
follows:
Sec. 534.401 Definitions and setting individual basic pay.
* * * * *
(b) * * *
(3) For the purpose of paragraph (b)(2) of this section, rate of
basic pay means the rate of pay fixed by law or administrative action
for the position held by an employee or, in the case of an employee
entitled to grade or pay retention, the employee's retained rate of
pay, before any deductions and exclusive of additional pay of any other
kind, such as locality-based comparability payments under 5 U.S.C. 5304
or special pay adjustments for law enforcement officers under section
404 of the Federal Employees Pay Comparability Act of 1990 (Pub. L.
101-509).
* * * * *
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart A--Premium Pay
13. The authority citation for subpart A of part 550 continues to
read as follows:
Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv), 5548 and
6101(c); E.O. 12748, 3 CFR, 1991 Comp., p. 316.
14. In Sec. 550.103, the definition of rate of basic pay is revised
to read as follows:
Sec. 550.103 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position held by an employee, including
any applicable special pay adjustment for law enforcement officers
under section 404 of the Federal Employees Pay Comparability Act of
1990 (Pub. L. 101-509), locality-based comparability payment under 5
U.S.C. 5304, or continued rate adjustment under subpart G of part 531
of this chapter, before any deductions and exclusive of additional pay
of any other kind.
* * * * *
15. In Sec. 550.105, paragraph (a)(1) is revised to read as
follows:
Sec. 550.105 Biweekly maximum earnings limitation.
(a) * * *
(1) A locality-based comparability payment under 5 U.S.C. 5304; and
* * * * *
16. In Sec. 550.106, paragraph (c)(1) is revised to read as
follows:
Sec. 550.106 Annual maximum earnings limitation for work in connection
with an emergency.
* * * * *
(c) * * *
(a) A locality-based comparability payment under 5 U.S.C. 5304; and
* * * * *
17. In Sec. 550.107, paragraph (a) is revised to read as follows:
Sec. 550.107 Special maximum earnings limitation for law enforcement
officers.
* * * * *
(a) 150 percent of the minimum rate for GS-15, including a
locality-based comparability payment under 5 U.S.C. 5304 or special law
enforcement adjustment under section 404 of the Federal Employees Pay
Comparability Act of 1990 (Pub. L. 101-509) and any special salary rate
established under 5 U.S.C. 5305, rounded to the nearest whole cent,
counting one-half cent and over as a whole cent; or
* * * * *
18. In Sec. 550.111, the first sentence in paragraph (d)(2) is
revised to read as follows:
Sec. 550.111 Authorization of overtime pay.
* * * * *
(d) * * *
(2) Performed by an employee, when the employee's basic pay exceeds
the minimum rate for GS-10 (including any applicable special rate of
pay for law enforcement officers or special pay adjustment for law
enforcement officers under section 403 or 404 of the Federal Employees
Pay Comparability Act of 1990 (Pub. L. 101-509), respectively; a
locality-based comparability payment under 5 U.S.C. 5304; and any
applicable special rate of pay under 5 U.S.C. 5305 or similar provision
of law) or when the employee is engaged in professional or technical,
engineering or scientific activities. * * *
19. In Sec. 550.113, paragraph (a) is revised to read as follows:
Sec. 550.113 Computation of overtime pay.
(a) For each employee whose rate of basic pay does not exceed the
minimum rate for GS-10 (including any applicable special rate of pay
for law enforcement officers or special pay adjustment for law
enforcement officers under section 403 or 404 of the Federal Employees
Pay Comparability Act of 1990 (Pub. L. 101-509), respectively; a
locality-based comparability payment under 5 U.S.C. 5304; and any
applicable special rate of pay under 5 U.S.C. 5305 or similar provision
of law), the overtime hourly rate is 1\1/2\ times his or her hourly
rate of basic pay.
* * * * *
20. In Sec. 550.114, paragraph (c) is revised to read as follows:
Sec. 550.114 Compensatory time off.
* * * * *
(c) The head of an agency may provide that an employee whose rate
of basic pay exceeds the maximum rate for GS-10 (including any
applicable special rate of pay for law enforcement officers or special
pay adjustment for law enforcement officers under section 403 or 404 of
the Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509),
respectively; a locality-based comparability payment under 5 U.S.C.
5304; and any applicable special rate of pay under 5 U.S.C. 5305 or
similar provision of law) shall be compensated for irregular or
occasional overtime work with an equivalent amount of compensatory time
off from the employee's tour of duty instead of payment under
Sec. 550.113 of this part.
* * * * *
21. In Sec. 550.141, the second sentence is revised to read as
follows:
Sec. 550.141 Authorization of premium pay on an annual basis.
* * * Premium pay under this section is determined as an
appropriate percentage, not in excess of 25 percent, of that part of
the employee's rate of basic pay which does not exceed the minimum rate
of basic pay for GS-10 (including any applicable locality-based
comparability payment under 5 U.S.C. 5304 or special rate of pay under
5 U.S.C. 5305 or similar provision of law).
22. In Sec. 550.144, paragraph (a), introductory text, is revised
to read as follows:
[[Page 3543]]
Sec. 550.144 Rates of premium pay payable under Sec. 550.141.
(a) An agency may pay the premium pay on an annual basis referred
to in Sec. 550.141 to an employee who meets the requirements of that
section, at one of the following percentages of that part of the
employee's rate of basic pay which does not exceed the minimum rate of
basic pay for GS-10 (including any applicable locality-based
comparability payment under 5 U.S.C. 5304 or special rate of pay under
5 U.S.C. 5305 or similar provision of law):
* * * * *
23. In Sec. 550.151, the second sentence is revised to read as
follows:
Sec. 550.151 Authorization of premium pay on an annual basis.
* * * Premium pay under this section is determined as an
appropriate percentage, not less than 10 percent nor more than 25
percent, of the employee's rate of basic pay (as defined in
Sec. 550.103).
24. In Sec. 550.154, paragraph (a) is revised to read as follows:
Sec. 550.154 Rates of premium pay payable under Sec. 550.151.
(a) An agency may pay the premium pay on an annual basis referred
to in Sec. 550.151 to an employee who meets the requirements of that
section, at one of the following percentages of the employee's rate of
basic pay (as defined in Sec. 550.103):
* * * * *
Subpart B--Advances in Pay
25. The authority citation for subpart B of part 550 is revised to
read as follows:
Authority: 5 U.S.C. 5524a, 5545a(h)(2)(B); sections 302 and 404
of the Federal Employees Pay Comparability Act of 1990 (Public Law
101-509), 104 Stat. 1462 and 1466, respectively; E.O. 12748, 3 CFR,
1992 Comp., p. 316.
26. In Sec. 550.202, the definition of rate of basic pay is revised
to read as follows:
Sec. 550.202 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position held by an employee, including,
as applicable, annual premium pay under 5 U.S.C. 5545(c), availability
pay under 5 U.S.C. 5545a, night differential for prevailing rate
employees under 5 U.S.C. 5343(f), and any special pay adjustment for
law enforcement officers under section 404 of the Federal Employees Pay
Comparability Act of 1990 (Pub. L. 101-509) or locality-based
comparability payment under 5 U.S.C. 5304, but not including additional
pay of any kind.
Subpart G--Severance Pay
27. The authority citation for subpart G of part 550 is revised to
read as follows:
Authority: 5 U.S.C. 5595; E.O. 11257, 3 CFR, 1964-1965 Comp., p.
357.
28. In Sec. 550.703, the definition of rate of basic pay is revised
to read as follows:
Sec. 550.703 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position held by an employee, including,
as applicable, annual premium pay for standby duty under 5 U.S.C.
5545(c)(1), availability pay under 5 U.S.C. 5545a, night differential
for prevailing rate employees under 5 U.S.C. 5343(f), and any continued
rate adjustment under subpart G of part 531 of this chapter, special
pay adjustment for law enforcement officers under section 404 of the
Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), or
locality-based comparability payment under 5 U.S.C. 5304, but not
including additional pay of any kind.
* * * * *
PART 575--RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES;
SUPERVISORY DIFFERENTIALS
29. The authority citation for part 575 is revised to read as
follows:
Authority: 5 U.S.C. 1104(a)(2), 5753, 5754, and 5755; sec. 302
and 404 of the Federal Employees Pay Comparability Act of 1990 (Pub.
L. 101-509), 104 Stat. 1462 and 1466, respectively; E.O. 12748, 3
CFR, 1992 Comp., p. 316.
30. In Sec. 575.103, the definition of rate of basic pay is revised
to read as follows:
Sec. 575.103 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position to which the employee is or will
be newly appointed before deductions and exclusive of additional pay of
any kind, such as locality-based comparability payments under 5 U.S.C.
5304 or special pay adjustments for law enforcement officers under
section 404 of the Federal Employees Pay Comparability Act of 1990
(Pub. L. 101-509).
* * * * *
31. In Sec. 575.203, the definition of rate of basic pay is revised
to read as follows:
Sec. 575.203 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position to which the employee is being
relocated or, in the case of an employee who is entitled to grade or
pay retention, the employee's retained rate of pay, before deductions
and exclusive of additional pay of any kind, such as locality-based
comparability payments under 5 U.S.C. 5304 or special pay adjustments
for law enforcement officers under section 404 of the Federal Employees
Pay Comparability Act of 1990 (Pub. L. 101-509).
* * * * *
32. In Sec. 575.303, the definition of rate of basic pay is revised
to read as follows:
Sec. 575.303 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative action for the position held by an employee or, in the
case of an employee who is entitled to grade or pay retention, the
employee's retained rate of pay, before deductions and exclusive of
additional pay of any kind, such as locality-based comparability
payments under 5 U.S.C. 5304 or special pay adjustments for law
enforcement officers under section 404 of the Federal Employees Pay
Comparability Act of 1990 (Pub. L. 101-509).
33. In Sec. 575.402, paragraph (b) is revised to read as follows:
Sec. 575.402 Delegation of authority.
* * * * *
(b) A supervisory differential may not be paid on the basis of
supervising a civilian employee whose rate of basic pay exceeds the
maximum rate of basic pay established for grade GS-15 on the pay
schedule applicable to the GS supervisor, including a schedule for any
applicable locality rate of pay under 5 U.S.C. 5304, a special law
enforcement adjusted rate of pay under section 404 of the Federal
Employees Pay Comparability Act of 1990 (Pub. L. 101-509), or any
applicable special rate of pay under 5 U.S.C. 5305.
34. In Sec. 575.403, the definition of rate of basic pay is revised
to read as follows:
Sec. 575.403 Definitions.
* * * * *
Rate of basic pay means the rate of pay fixed by law or
administrative
[[Page 3544]]
action for the position held by an employee before deductions and
exclusive of additional pay of any kind, such as locality-based
comparability payments under 5 U.S.C. 5304 or special pay adjustments
for law enforcement officers under section 404 of the Federal Employees
Pay Comparability Act of 1990 (Pub. L. 101-509).
* * * * *
35. In Sec. 575.405, paragraphs (c)(2) and (d)(2) are revised to
read as follows:
Sec. 575.405 Calculation and payment of supervisory differential.
* * * * *
(c) * * *
(2) A locality-based comparability payment under 5 U.S.C. 5304, a
continued rate adjustment under subpart G of part 531 of this chapter,
or a special pay adjustment for law enforcement officers under section
404 of the Federal Employees Pay Comparability Act of 1990 (Pub. L.
101-509);
* * * * *
(d) * * *
(2) A locality-based comparability payment under 5 U.S.C. 5304, a
special law enforcement adjusted rate of pay under section 404 of the
Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), or
another locality-based payment under similar authority, excluding a
continued rate adjustment under subpart G of part 531 of this chapter;
* * * * *
PART 581--PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR
ALIMONY
36. The authority citation for part 581 continues to read as
follows:
Authority: 15 U.S.C. 1673; 42 U.S.C. 659, 661-662; E.O. 12105,
43 FR 59465, 3 CFR, 1979 Comp., p. 262; E.O. 12953, 60 FR 11013.
37. In Sec. 581.103, paragraph (a)(24) is revised to read as
follows:
Sec. 581.103 Moneys which are subject to garnishment.
(a) * * *
(24) Locality-based comparability payments or continued rate
adjustments;
* * * * *
PART 582--COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY
38. The authority citation for part 582 continues to read as
follows:
Authority: 5 U.S.C. 5520a; 15 U.S.C. 1673; E.O. 12897.
39. In Sec. 582.102, paragraph (5) is revised to read as follows:
Sec. 582.102 Definitions.
In this part--* * *
(5) In conformance with 5 U.S.C. 5520a, pay means basic pay;
premium pay paid under chapter 55, subchapter V, of title 5 of the
United States Code; any payment received under chapter 55, subchapters
VI, VII, and VIII, of title 5 of the United States Code; severance pay
and back pay under chapter 55, subchapter IX, of title 5 of the United
States Code; sick pay, and any other paid leave; incentive pay;
locality pay (including special pay adjustments for law enforcement
officers and locality-based comparability payments); back pay awards;
and any other compensation paid or payable for personal services,
whether such compensation is denominated as pay, wages, salary, lump-
sum leave payments, commission, bonus, award, or otherwise; but does
not include amounts received under any Federal program for compensation
for work injuries; awards for making suggestions, reimbursement for
expenses incurred by an individual in connection with employment, or
allowances in lieu of thereof as determined by the employing agency.
PART 630--ABSENCE AND LEAVE
40. The authority citation for part 630 continues to read as
follows:
Authority: 5 U.S.C. 6311; Sec. 630.301 also issued under Pub. L.
103-356, 108 Stat. 3410; Sec. 630.303 also issued under 5 U.S.C.
6133(a); Secs. 630.306 and 630.308 also issued under 5 U.S.C.
6403(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-337,
108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 108
Stat. 2423; Sec. 630.501 and subpart F also issued under E.O. 11228,
30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5
U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I
also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834,
and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5
U.S.C. 6362, Pub. L. 100-566, and Pub. L. 103-103; subpart K also
issued under Pub. L. 102-25, 105 Stat. 92; and subpart L also issued
under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23.
41. In Sec. 630.1204, paragraph (d)(1) is revised to read as
follows:
Sec. 630.1204 Intermittent leave or reduced leave schedule.
* * * * *
(d) * * *
(1) An equivalent grade or pay level, including any applicable
locality-based comparability payment under 5 U.S.C. 5304; special rate
of pay for law enforcement officers or special pay adjustment for law
enforcement officers under section 403 or 404 of the Federal Employees
Pay Comparability Act of 1990 (Pub. L. 101-509), respectively;
continued rate of pay under subpart G of part 531 of this chapter; or
special salary rate under 5 U.S.C. 5305 or similar provision of law;
* * * * *
42. In Sec. 630.1208, paragraph (b)(2) is revised to read as
follows:
Sec. 630.1208 Protection of employment and benefits.
* * * * *
(b) * * *
(2) An equivalent grade or pay level, including any applicable
locality-based comparability payment under 5 U.S.C. 5304; special rate
of pay for law enforcement officers or special pay adjustment for law
enforcement officers under section 403 or 404 of the Federal Employees
Pay Comparability Act of 1990 (Pub. L. 101-509), respectively;
continued rate of pay under subpart G of part 531 of this chapter; or
special salary rate under 5 U.S.C. 5305 or similar provision of law;
* * * * *
[FR Doc. 96-1835 Filed 1-31-96; 8:45 am]
BILLING CODE 6325-01-M
