[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: 5CFR550.103] [Page 491-493] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents Subpart A--Premium Pay Sec. 550.103 Definitions. In this subpart: Administrative workweek means any period of 7 consecutive days (as defined in this section) designated in advance by the head of the agency under section 6101 of title 5, United States Code. Agency means-- (1) A department as defined in this section; and (2) A legislative or judicial branch agency which has positions that are subject to subchapter V of chapter 55 of title 5, United States Code. Basic workweek, for full-time employees, means the 40-hour workweek established in accordance with Sec. 610.111 of this chapter. Criminal investigator means a law enforcement officer as defined in 5 U.S.C. 5541(3) and this section-- (1) Whose position is properly classified under the GS-1811 or GS- 1812 series in the General Schedule classification system based on OPM classification standards (or would be so classified if covered under that system); (2) Who is a pilot employed by the United States Customs Service; (3) Who is a special agent in the Diplomatic Security Service in a position which has been properly determined by the Department of State to have a Foreign Service primary skill code of 2501; (4) Who is a special agent in the Diplomatic Security Service who has been placed by the Department of State in a non-covered position on a long-term training assignment that will be career-enhancing for a current or future assignment as a Diplomatic Security Service special agent, provided the employee is expected to return to duties as a special agent in a Foreign Service position with a 2501 primary skill code or to a position properly classified in the GS-1811 series immediately following such training; (5) Who occupies a position in the Department of State in which he or she performs duties and responsibilities of a special agent requiring Foreign Service primary skill code 2501, pending the opening of a position with primary skill code 2501 and placement in that position as a special agent; or (6) Who is a special agent in the Diplomatic Security Service with a Foreign Service personal primary skill code of 2501 (or whose position immediately prior to the detail was properly classified in the GS-1811 series) and who meets all of the following three conditions: (i) The individual is assigned outside the Department of State; [[Page 492]] (ii) The assigned position would have a primary skill code of 2501 (or would be properly classified in the GS-1811 series under the General Schedule classification system based on OPM classification standards) if the position were under the Foreign Service (or General Schedule) in the Department of State; and (iii) The individual is expected to return to a position as a special agent in the Diplomatic Security Service with a 2501 primary skill code (or to a position that is properly classified in the GS-1811 series) immediately following such outside assignment. Day (for overtime pay purposes) means any 24-hour period designated by an agency within the administrative workweek applicable to the employee. A day need not correspond to the 24-hour period of a calendar day. If the agency has not designated another period of time, a day is a calendar day. Department means an executive agency and a military department as defined by sections 105 and 102 of title 5, United States Code. Emergency means a temporary condition posing a direct threat to human life or property, including a forest wildfire emergency. Employee means an employee to whom this subpart applies. Head of a department means the head of a department and, except for the purpose of Sec. 550.101(b)(2), an official who has been delegated authority to act for the head of a department in the matter concerned. Holiday work means nonovertime work performed by an employee during a regularly scheduled daily tour of duty on a holiday designated in accordance with Sec. 610.202 of this chapter. Irregular or occasional overtime work means overtime work that is not part of an employee's regularly scheduled administrative workweek. Law enforcement officer means an employee who-- (1) Is a law enforcement officer within the meaning of 5 U.S.C. 8331(20) (as further defined in Sec. 831.902 of this chapter) or 5 U.S.C. 8401(17) (as further defined in Sec. 842.802 of this chapter), as applicable; (2) In the case of an employee who holds a secondary position, as defined in Sec. 831.902 of this chapter, and is subject to the Civil Service Retirement System, but who does not qualify to be considered a law enforcement officer within the meaning of 5 U.S.C. 8331(20), would so qualify if such employee had transferred directly to such position after serving as a law enforcement officer within the meaning of such section; (3) In the case of an employee who holds a secondary position, as defined in Sec. 842.802 of this chapter, and is subject to the Federal Employees Retirement System, but who does not qualify to be considered a law enforcement officer within the meaning of 5 U.S.C. 8401(17), would so qualify if such employee had transferred directly to such position after performing duties described in 5 U.S.C. 8401(17)(A) and (B) for at least 3 years; and (4) In the case of an employee who is not subject to either the Civil Service Retirement System or the Federal Employees Retirement System-- (i) Holds a position that the agency head (as defined in Secs. 831.902 and 842.802 of this chapter) determines would satisfy paragraph (1), (2), or (3) of this definition if the employee were subject to the Civil Service Retirement System or the Federal Employees Retirement System (subject to OPM oversight as described in Secs. 831.911 and 842.808 of this chapter); or (ii) Is a special agent in the Diplomatic Security Service. Nightwork has the meaning given that term in Sec. 550.121, and includes any nightwork preformed by an employee as part of his or her regularly scheduled administrative workweek. Overtime work has the meaning given that term in Sec. 550.111 and includes irregular or occasional overtime work and regular overtime work. Performing work in connection with an emergency means performing work that is directly related to resolving or coping with an emergency or its immediate aftermath. Premium pay means the dollar value of earned hours of compensatory time off and additional pay authorized by subchapter V of chapter 55 of title 5, United States Code, and this subpart for overtime, night, Sunday, or holiday work; or for standby duty, administratively uncontrollable overtime work, [[Page 493]] or availability duty. This excludes overtime pay paid to employees under the Fair Labor Standards Act and compensatory time off earned in lieu of such overtime pay. Protective duties means duties authorized by section 3056(a) of title 18, United States Code, or by section 2709(a)(3) of title 22, United States Code. Rate of basic pay means the rate of pay fixed by law or administrative action for the position held by an employee, including any applicable special pay adjustment for law enforcement officers under section 404 of the Federal Employees Pay Comparability Act of 1990 (Pub. L. 101-509), locality-based comparability payment under 5 U.S.C. 5304, or continued rate adjustment under subpart G of part 531 of this chapter, before any deductions and exclusive of additional pay of any other kind. Regular overtime work means overtime work that is part of an employee's regularly scheduled administrative workweek. Regularly scheduled administrative workweek, for a full-time employee, means the period within an administrative workweek, established in accordance with Sec. 610.111 of this chapter, within which the employee is regularly scheduled to work. For a part-time employee, it means the officially prescribed days and hours within an administrative workweek during which the employee is regularly scheduled to work. Regularly scheduled work means work that is scheduled in advance of an administrative workweek under an agency's procedures for establishing workweeks in accordance with Sec. 610.111, excluding any such work to which availability pay under Sec. 550.181 applies. Sunday work means nonovertime work performed by a full-time employee during a regularly scheduled daily tour of duty when any part of that daily tour of duty is on a Sunday. For any such tour of duty, not more than 8 hours of work are Sunday work, unless the employee is on a compressed work schedule, in which case the entire regularly scheduled daily tour of duty constitutes Sunday work. Tour of duty means the hours of a day (a daily tour of duty) and the days of an administrative workweek (a weekly tour of duty) that constitute an employee's regularly scheduled administrative workweek. [33 FR 12458, Sept. 4, 1968, as amended at 48 FR 3933, Jan. 28, 1983; 56 FR 11059, Mar. 15, 1991; 56 FR 20341, May 3, 1991; 57 FR 2434, Jan. 22, 1992; 57 FR 31630, July 17, 1992; 58 FR 3201, Jan. 8, 1993; 59 FR 66151, Dec. 23, 1994; 60 FR 33098, June 27, 1995; 60 FR 67287, Dec. 29, 1995; 61 FR 3542, Feb. 1, 1996; 63 FR 64592, Nov. 23, 1998; 64 FR 4519, Jan. 29, 1999; 64 FR 69174, Dec. 10, 1999] Maximum Earnings Limitations