[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR550.113]

[Page 498]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
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.
    (b) For each employee whose rate of basic pay exceeds the minimum 
rate for GS-10 (as determined under paragraph (a) of this section), the 
overtime hourly rate is 1\1/2\ times the hourly rate of basic pay at the 
minimum rate for GS-10 (as determined under paragraph (a) of this 
section), except as provided in 5 U.S.C. 5542(a) (3) and (4).
    (c) An employee is paid for overtime work performed on a Sunday or a 
holiday at the same rate as for overtime work performed on another day.
    (d) An employee whose rate of basic pay is fixed on an annual or 
monthly basis and adjusted from time to time in accordance with 
prevailing rates by a wage board or similar administrative authority 
serving the same purpose is entitled to overtime pay in accordance with 
the provisions of section 5544 of title 5, United States Code. The rate 
of pay for each hour of overtime work of such an employee is computed as 
follows:
    (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.

Rates are computed in full cents, counting a fraction of a cent as the 
next higher cent.
    (e)(1) For firefighters compensated under subpart M of this part, 
the overtime hourly rate for all overtime hours is 1\1/2\ times the 
firefighter's hourly rate of basic pay under Sec. 550.1303(a) or (b)(2), 
as applicable, except as provided in paragraph (e)(2) of this section.
    (2) For firefighters compensated under subpart M of this part who 
areexempt from the overtime provisions of the Fair Labor Standards Act 
and whose hourly rate of basic pay under Sec. 550.1303(a) or (b)(2), as 
applicable, exceeds the applicable minimum hourly rate of basic pay for 
GS-10 (as computed under paragraph (a) of this section by dividing the 
annual rate of basic pay by 2087 hours), the overtime hourly rate is 
equal to the greater of--
    (i) One and one-half times the applicable minimum hourly rate of 
basic pay for GS-10 (as computed under paragraph (a) of this section by 
dividing the annual rate of basic pay by 2087 hours); or
    (ii) The individual's own firefighter hourly rate of basic pay under 
Sec. 550.1303(a) and (b)(2), as applicable.

[33 FR 12458, Sept. 4, 1968, as amended at 56 FR 20342, May 3, 1991; 57 
FR 2434, Jan. 22, 1992; 59 FR 11701, Mar. 14, 1994; 61 FR 3542, Feb. 1, 
1996; 63 FR 64592, Nov. 23, 1998]