MEMORANDUM FOR BUREAU PERSONNEL OFFICERS

FROM:        Joanne W. Simms
             Director, Personnel Staff
             Justice Management Division

SUBJECT:     Final Miscellaneous Compensation Regulations

Attached for your information are final Office of Personnel Management (OPM) regulations that correct or clarify various compensation provisions. The proposals, which are effective January 10, 2000, are mainly technical in nature.

The regulations clarify that:

• compensatory time off earned counts toward the applicable biweekly and annual premium pay limitations when it is earned;



• requiring employees to “standby” may constitute overtime work under title 5, United States Code, but requiring employees to merely remain “on-call” does not constitute overtime work;



• an employee whose mobility is severely restricted for practical reasons (e.g., he or she is aboard a ship) is not entitled to overtime pay for time periods when he or she is relieved from duty and not in a “standby” status, even though some limitations on personal activities may be imposed;



• employees who earn annual premium pay for administratively uncontrollable overtime work (AUO pay) must have AUO pay included in the computation of workers’ compensation benefits; and



• the prohibitions on paying premium pay during training in Part 410 of Title 5, Code of Federal Regulations, do not apply to payment of overtime pay under the Fair Labor Standards Act.

The regulations also make changes in other regulations, including several changes in the severance pay and back pay regulations. Please note that the Supplementary Information section of the Attachment contains a detailed discussion of the concept of “commuting area” as it applies to severance pay entitlement.

If members of your staff have any questions about the final regulations, they may call John Cahill of the Personnel Staff on (202) 514-6778.

Attachment

cc: Melinda Morgan, HRSAG