Office of the General Counsel

Date: September 29, 1998
Matter of: [xxx]
File Number: S001512

OPM Contact: Murray M. Meeker

The claimant, a former [xxx] with the [xxx], states that during the seventeen years prior to his retirement in 1996, he was required to either take annual leave or work on holidays, and that he is, therefore, entitled to holiday premium pay under 5 U.S.C. 5546(b). For the reasons discussed herein, the claim is denied.

The claimant acknowledges that he received annual premium pay for regularly scheduled standby duty under 5 U.S.C. 5545(c)(1). It should be emphasized, therefore, that section 5545(c)(1) prohibits the payment of holiday premium pay to individuals who receive annual premium pay for regularly scheduled standby duty. Thus, while the [xxx] may excuse employees who receive annual premium pay from duty on a holiday when the agency has determined that the employee's services are not required, there is no requirement that employees be excused, and the payment of holiday premium pay to such employees is barred.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.