[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5785]
Federal Register / Vol. 59, No. 49 / Monday, March 14, 1994 /
[[Page Unknown]]
[Federal Register: March 14, 1994]
VOL. 59, NO. 49
Monday, March 14, 1994
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 531, 532, 550, and 575
RIN 3206-AF84
Special Pay Entitlements for Law Enforcement Officers
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM), in conformance with
amendments to the Federal Employees Pay Comparability Act of 1990
(FEPCA) made by the Technical and Miscellaneous Civil Service
Amendments Act of 1992, is issuing final regulations to amend the
definition of ``law enforcement officer'' for certain pay purposes and
expand coverage of the special maximum limitation on relocation bonuses
for law enforcement officers to five additional categories of law
enforcement employees.
EFFECTIVE DATE: These final regulations are effective on April 13,
1994.
FOR FURTHER INFORMATION CONTACT:
Sharon Herzberg, (202) 606-1413.
SUPPLEMENTARY INFORMATION: On January 8, 1993, OPM published interim
regulations to implement certain provisions of the Technical and
Miscellaneous Civil Service Amendments Act of 1992 (Pub. L. 102-378,
October 2, 1992). These provisions include (1) an expanded definition
of ``law enforcement officer'' in section 5541 of title 5, United
States Code (with conforming amendments in 5 U.S.C. 4521, 5542, and
5547, and section 402 of FEPCA); (2) an amendment to section 404 of
FEPCA to provide OPM with the authority to determine the extent to
which a special pay adjustment for law enforcement officers may be paid
to an employee receiving a special salary rate under 5 U.S.C. 5305 or
similar provision of law; and (3) an amendment to section 405 of FEPCA
to extend application of the special maximum limitation on relocation
bonuses for law enforcement officers to the categories of law
enforcement employees listed in section 405 of FEPCA--i.e., Park Police
officers, Secret Service Uniformed Division officers, special agents in
the Diplomatic Security Service, and probation and pretrial services
officers.
The 60-day public comment period ended on March 9, 1993. Comments
were received from one Federal agency, one employee organization, and
one individual. These comments are summarized below.
Expanded Definition of ``Law Enforcement Officer''
An agency commented that the provisions in the technical amendments
to FEPCA providing special pay adjustments for supervisory and
administrative law enforcement employees who are not eligible for
special law enforcement retirement coverage are confusing and that the
criteria should be applied consistently across the board. These
provisions are in law, and OPM does not have the authority to change
them. The law provides four definitions of ``law enforcement officer''
for purposes of special pay adjustments that differ according to an
employee's retirement coverage and whether his or her position is or is
not supervisory or administrative.
An employee who meets the definition of ``law enforcement officer''
in section 5541(3) of title 5, United States Code, must also be subject
to the provisions of chapter 51 of title 5, United States Code
(Classification), in order to be entitled to a special pay adjustment
provided by section 404 of FEPCA. To meet the definition, an employee
must be a ``law enforcement officer'' who--
(1) Is subject to the Civil Service Retirement System (CSRS) or the
Federal Employees Retirement System (FERS), is in a primary
(nonsupervisory) or secondary (supervisory or administrative) law
enforcement position, and is actually covered by the corresponding
special law enforcement retirement provisions of CSRS or FERS;
(2) Is subject to (CSRS), is in a secondary (supervisory or
administrative) position that has been approved for law enforcement
retirement purposes, but is not eligible for law enforcement retirement
coverage;
(3) Is subject to FERS and, as in (2), is in an approved secondary
position, but is not eligible for law enforcement retirement coverage;
or
(4) Is not subject to either CSRS or FERS and is in a position that
OPM determines would satisfy one of the other three conditions cited
above.
In addition, an employee who has had law enforcement retirement
coverage granted retroactively for service while subject to 5 U.S.C.
chapter 51 is entitled to the special pay adjustment retroactively.
An agency commented that there is a lack of congruence between the
definitions of ``law enforcement officer'' under CSRS and FERS and that
the classification standards should provide specific guidance for
linking law enforcement duties to the definition of ``law enforcement
officer'' for retirement purposes. Questions that arise concerning law
enforcement duties for the purpose of determining an employee's
entitlement to these special pay adjustments must be handled within the
context of the technical amendments to FEPCA and law enforcement
retirement law and regulations. Such issues are not within the scope of
a classification standard. Adding a discussion of these issues to
classification standards would add unnecessarily to the complexity of
the standards without adding materially to the quality of information
already provided.
An employee organization commented that the definitions of ``law
enforcement officer'' in these regulations should provide guidance on
specific positions, job series, or duties. Such guidance is beyond the
scope of these regulations. The criteria for approval of a position as
a primary or secondary law enforcement position are in 5 CFR part 831,
subpart I, for employees subject to CSRS, and in 5 CFR part 842,
subpart H, for employees subject to FERS. Most employees who are
covered by law enforcement retirement provisions are criminal
investigators, Border Patrol Agents, Deputy U.S. Marshals, correctional
officers, or support personnel in correctional institutions who have
frequent and direct contact with inmates. Most Federal police officers
are not covered by law enforcement retirement provisions.
Basic Pay for Computation of Special Pay Adjustments
An agency commented that some of its attorneys and accountants are
on nationwide special rates under 5 U.S.C. 5305 that are not
specifically related to law enforcement duties. Some of these attorneys
and accountants have been granted retroactive coverage under the law
enforcement retirement provisions. The agency believes special pay
adjustments for LEO's should not be based on nationwide special rates
unless the special rates are directly related to law enforcement
duties.
The interim regulations for special pay entitlements for law
enforcement officers published on January 8, 1993, provided for
computation of special pay adjustments on the basis of a nationwide or
worldwide special salary rate under 5 U.S.C. 5305. Such a rate was
included in the definition of ``scheduled annual rate of pay'' in
Sec. 531.301 of title 5, Code of Federal Regulations.
In developing regulations for the implementation of locality-based
comparability payments under 5 U.S.C. 5304, OPM determined that a
special law enforcement adjusted rate of pay should not be based on a
nationwide or worldwide special salary rate under 5 U.S.C. 5305. The
final regulations for locality-based comparability payments published
on December 30, 1993, [58 FR 69169] removed special rates of pay under
5 U.S.C. 5305 from the definition of ``scheduled annual rate of pay''
in Sec. 531.301. It should be noted that special pay adjustments
continue to be based on the special rates for law enforcement officers
provided by section 403 of FEPCA. For law enforcement officers who were
receiving special pay adjustments on top of special rates under 5
U.S.C. 5305, the regulations established a continued rate of pay equal
to the rate received before this change became effective so that there
would be no loss in pay.
Miscellaneous
The Office of Management and Budget changed the title of the Boston
CMSA to the Boston-Worcester-Lawrence, MA-NH-ME-CT CMSA, effective on
June 30, 1993. (Although the title of the Boston CMSA changed, the
geographic coverage did not change). Also, section 628 of the Treasury,
Postal Service, and General Government Appropriations Act, 1994 (Pub.
L. 103-123, October 28, 1993), amended section 404 of FEPCA by striking
``Washington, DC-MD-VA Metropolitan Statistical Area'' and inserting in
its place ``Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan
Statistical Area.'' This amendment became effective on October 28,
1993. Accordingly, OPM is revising the titles of the Boston and
Washington metropolitan statistical areas in paragraph (a) of the
definition of ``special pay adjustment area'' (Sec. 531.301) and in the
chart in Sec. 531.302(a).
An individual called OPM staff by telephone and pointed out that an
incorrect citation for the definition of ``law enforcement officer''
was used in 5 CFR 575.302. OPM is revising Sec. 575.302 to substitute
the correct reference.
OPM is taking this opportunity to make technical corrections to two
additional regulatory sections to conform with changes in law. The
Technical and Miscellaneous Civil Service Amendments Act of 1992 (Pub.
L. 102-378, October 2, 1992) revised the divisor for computing overtime
pay for certain prevailing rate employees (i.e., those employees whose
pay is fixed on either a monthly or annual basis) from 2,080 to 2,087.
The amendment became effective on the first day of the first pay period
beginning on or after October 2, 1992. OPM is revising 5 CFR 550.113
accordingly.
In addition, OPM is correcting erroneous citations in 5 CFR
531.205(a) (3) and (4) by removing the reference to ``5 U.S.C. 5305''
and inserting ``5 U.S.C. 5303.'' Prior to enactment of FEPCA, annual
adjustments to pay schedules were covered under section 5305 of title
5, United States Code. As a result of the FEPCA amendments, annual
adjustments are now covered under section 5303. The references in
Sec. 531.205(a) must be changed accordingly.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
apply only to Federal agencies and employees.
List of Subjects
5 CFR Part 531
Government employees, Law enforcement officers, Wages.
5 CFR Part 532
Administrative practices and procedures, Freedom of Information,
Government employees, Reporting and recordkeeping requirements, Wages.
5 CFR Part 550
Administrative practices and procedures, Claims, Government
employees, Wages.
5 CFR Part 575
Government employees, Wages.
U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
Accordingly, the interim rule amending 5 CFR parts 531, 532, 550,
and 575, published at 58 FR 3199 on January 8, 1993, as amended by the
final rule published at 58 FR 69169 on December 30, 1993, is adopted as
final with the following additional changes:
PART 531--PAY UNDER THE GENERAL SCHEDULE
1. The authority citation for part 531 continues to read as
follows:
Authority: 5 U.S.C. 5115, 5307, 5338, and chapter 54; E.O.
12748, 56 FR 4521, February 4, 1991, 3 CFR 1991 Comp., p. 316.
Subpart A also issued under section 302 of the Federal Employees
Pay Comparability Act of 1990 (FEPCA), 104 Stat. 1462, 5 U.S.C.
5304, 5305, and 5553, and E.O. 12786, 56 FR 67453, December 30,
1991, 3 CFR 1991 Comp., p. 376;
Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a),
5402, and 7701(b)(2);
Subpart C also issued under section 404 of FEPCA, 104 Stat.
1466, section 3(7) of Pub. L. 102-378 (October 2, 1992), section 302
of FEPCA, 104 Stat. 1462, and 5 U.S.C. 5304, 5305, and 5553.
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, November 29, 1993.
Sec. 531.205 [Amended]
2. In Sec. 531.205, paragraphs (a)(3) and (4) are amended by
removing the reference ``5 U.S.C. 5305'' and inserting in its place ``5
U.S.C. 5303''.
3. In Sec. 531.301, under the definition of ``special pay
adjustment area,'' paragraphs (a) and (h) are revised to read as
follows:
Sec. 531.301 Definitions.
* * * * *
Special pay adjustment area * * *
(a) Boston-Worcester-Lawrence, MA-NH-ME-CTCMSA;
* * * * *
(h) Washington-Baltimore, DC-MD-VA-WV CMSA.
4. In Sec. 531.302, paragraph (a) is revised to read as follows:
Sec. 531.302 Determining special law enforcement adjusted rates of
pay.
(a) To determine the special law enforcement adjusted rate of pay,
the scheduled annual rate or pay for a law enforcement officer whose
official duty station is in one of the special pay adjustment areas
listed below shall be multiplied by the factor shown for that area:
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Special pay adjustment area Factor
------------------------------------------------------------------------
Boston-Worcester-Lawrence, MA-NH-ME-CT CMSA................... 1.16
Chicago-Gary-Kenosha, IL-IN-WI CMSA........................... 1.04
Los Angeles-Riverside-Orange County, CA CMSA.................. 1.16
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA CMSA.... 1.16
Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD CMSA....... 1.04
San Francisco-Oakland-San Jose, CA CMSA....................... 1.16
San Diego, CA MSA............................................. 1.08
Washington-Baltimore, DC-MD-VA-WV CMSA........................ 1.04
------------------------------------------------------------------------
* * * * *
PART 550--PAY ADMINISTRATION (GENERAL)
1. 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.
2. In Sec. 550.113, paragraphs (d) (1) and (2) are revised to read
as follows:
Sec. 550.113 Computation of overtime pay.
* * * * *
(d) * * *
(1) If the rate of basic pay of the employee is fixed on an annual
basis, divide the rate of basic pay by 2,087 and multiply the quotient
by one and one-half; and
(2) If the rate of basic pay of the employee is fixed on a monthly
basis, multiply the rate of basic pay by 12 to derive an annual rate of
basic pay, divide the annual rate of basic pay by 2,087, and multiply
the quotient by one and one-half.
* * * * *
PART 575--RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES;
SUPERVISORY DIFFERENTIALS
3. The authority citation for part 575 continues 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, 56
FR 4521, February 4, 1991, 3 CFR 1991 Comp., p. 316.
4. In Sec. 575.302, paragraph (a)(4) is revised to read as follows:
Sec. 575.302 Delegation of authority.
(a) * * *
(4) A position as a law enforcement officer, as defined in
Sec. 550.103 of this chapter;
* * * * *
[FR Doc. 94-5785 Filed 3-11-94; 8:45 am]
BILLING CODE 6325-01-M
