[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: 5CFR550.184]

[Page 508-509]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.184  Annual certification.

    (a) Each newly hired criminal investigator who will receive 
availability pay and the appropriate supervisory officer (as designated 
by the head of the agency or authorized designee) shall make an initial 
certification to the head of the agency attesting that the investigator 
is expected to meet the substantial hours requirement in Sec. 550.183 
during the upcoming 1-year period. A similar certification shall be made 
for a criminal investigator who will begin receiving availability pay 
after a period of nonreceipt (e.g., a designated voluntary opt-out 
period under Sec. 550.182(e)).

[[Page 509]]

    (b) Each criminal investigator who is receiving availability pay and 
the appropriate supervisory officer (as designated by the head of the 
agency or authorized designee) shall make an annual certification to the 
head of the agency attesting that the investigator currently meets, and 
is expected to continue to meet during the upcoming 1-year period, the 
substantial hours requirement in Sec. 550.183.
    (c) A certification shall no longer apply when the employee 
separates from Federal service, is employed by another agency, moves to 
a position that does not qualify as a criminal investigator position, or 
begins a voluntary opt-out period under Sec. 550.182(e).
    (d) The employing agency shall ensure that criminal investigators 
receiving availability pay comply with the substantial hours requirement 
in Sec. 550.183, as certified in accordance with this section. The 
employing agency may deny or cancel a certification based on a finding 
that an investigator has failed to perform unscheduled duty 
(availability or work) as assigned or reported, or is unable to perform 
unscheduled duty for an extended period due to physical or health 
reasons. If a certification is denied or canceled, the investigator's 
entitlement to availability pay shall be suspended for an appropriate 
period, consistent with agency policies. If the investigator's 
certification was valid when made, the suspension of availability pay 
shall be effected prospectively.
    (e) An involuntary suspension of availability pay resulting from a 
denial or cancellation of certification under paragraph (d) of this 
section is a reduction in pay for the purpose of applying the adverse 
action procedures of 5 U.S.C. 7512 and part 752 of this chapter, except 
for special agents in the Foreign Service. For special agents in the 
Foreign Service, an involuntary suspension of availability pay resulting 
from a denial or cancellation of certification under paragraph (d) of 
this section will be administered under procedures established by 
regulations of the Department of State.
    (f) The head of an agency (or authorized designee) may prescribe any 
additional regulations necessary to administer the certification 
requirement, including procedures for retroactive correction in cases in 
which a certification is issued belatedly or lapses due to 
administrative error.

[59 FR 66151, Dec. 23, 1994, as amended at 64 FR 4520, Jan. 29, 1999]