[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24455]
[[Page Unknown]]
[Federal Register: October 5, 1994]
VOL. 59, NO. 192
Wednesday, October 5, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 843
RIN: 3206-AF91
Federal Employees Retirement System--Computation of the Basic
Employee Death Benefit for Customs Officers
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is proposing
regulations concerning the use of overtime and premium pay in
determining the final annual rate of basic pay of customs officers
under the Federal Employees Retirement System (FERS). These regulations
would establish the methodology (similar to the one that OPM uses for
other flexible schedule employees) that the employing agency will use
to compute customs officers' ``final annual rate of basic pay'' for
determining FERS ``basic employee death benefit.'' The regulations are
necessary to implement the changes in the statutory definition of basic
pay under FERS made by section 13812 of the Omnibus Budget
Reconciliation Act of 1993.
DATES: Comments must be received on or before December 5, 1994.
ADDRESSES: Send comments to Reginald M. Jones, Jr., Assistant Director
for Retirement Policy Development; Retirement and Insurance Group;
Office of Personnel Management; P.O. Box 57; Washington, DC 20044; or
deliver to OPM, Room 4351, 1900 E Street, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Harold L. Siegelman, (202) 606-0299.
SUPPLEMENTARY INFORMATION: Section 13812 of the Omnibus Budget
Reconciliation Act of 1993, Pub. L. 103-66, amended section 8331(3) of
title 5, United States Code, the definition of basic pay under the
Civil Service Retirement System (CSRS), to include, as basic pay for
CSRS computations, certain overtime pay for customs officers. Section
8401(4) of title 5, United States Code, provides that the CSRS
definition of basic pay in section 8331(3) applies to the Federal
Employees Retirement System (FERS). For customs officers, basic pay
will include the regular pay under the general schedule, any applicable
locality pay, and allowable overtime pay up to $12,500 per fiscal year.
Basic pay is used to compute final salary for the basic employee death
benefit under FERS.
For determining final salary, the employing agency will use a
methodology similar to the one used for determining the ``final annual
rate of basic pay'' of intermittent employees for the FERS basic
employee death benefit established in Sec. 843.102 of title 5, Code of
Federal Regulations. The employing agency will determine the total
number of hours for which the employee was paid two-times-hourly-rate
overtime and the total number of hours for which the employee was paid
three-times-hourly-rate overtime during the 52-week workyear ending the
pay period before separation. The employing agency will then determine
the amount of overtime pay that the employee would have received during
the 52-week workyear if that overtime were paid at two or three times
the employee's hourly rate (regular general schedule pay rate plus
locality pay) at the time of death. The amount of allowable overtime is
the lesser of the amount that would have been paid during that 52-week
workyear using the employee's hourly rate (times the appropriate
multiplier) at the time of separation or $12,500. The final salary is
equal to the allowable overtime computed under the previous sentence,
plus the final annual general schedule pay, plus locality pay.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only affect Federal employees and agencies and retirement payments
to retired Government employees and their survivors.
List of Subjects in 5 CFR Part 843
Administrative practice and procedure, Claims, Disability benefits,
Government employees, Intergovernmental relations, Pensions, Reporting
and recordkeeping, Retirement.
U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
Accordingly, OPM proposes to amend 5 CFR part 843 as follows:
PART 843--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEATH BENEFITS AND
EMPLOYEE REFUNDS
1. The authority citation for part 843 continues to read as
follows:
Authority: 5 U.S.C. 8461; Secs. 843.205, 843.208 and 843.209
also issued under 5 U.S.C. 8424; Sec. 843.309 also issued under 5
U.S.C. 8442; Sec. 843.406 also issued under 5 U.S.C. 8441.
2. In the definition of ``final annual rate of basic pay'' in
section 843.102, paragraph (d) is added to read as follows:
Sec. 843.102 Definitions
* * * * *
Final annual rate of basic pay * * *
(d) The annual pay for customs officers is the sum of the
employee's general schedule pay, locality pay, and the lesser of--
(1) Two times the employee's final hourly rate of pay times the
number of hours for which the employee was paid two times salary as
compensation for overtime inspectional service under section 5(a) of
the Act of February 11, 1911 (19 U.S.C. 261 and 267) plus three times
the employee's final hourly rate of pay times the number of hours for
which the employee was paid three times salary as compensation for
overtime inspectional service under section 5(a) in the 52-week work
year immediately preceding the end of the last pay period in which the
employee was in pay status; or
(2) $12,500.
* * * * *
[FR Doc. 94-24455 Filed 10-4-94; 8:45 am]
BILLING CODE 6325-01-M
