[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: 5CFR550.162]

[Page 505]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.162  Payment provisions.

    (a) Except as otherwise provided in this section, an employee's 
premium pay on an annual basis under Sec. 550.141 or Sec. 550.151 begins 
on the date that he enters on duty in the position concerned for 
purposes of basic pay, and ceases on the date that he ceases to be paid 
basic pay in the position.
    (b) When an employee is in a position in which conditions warranting 
premium pay on an annual basis under Sec. 550.141 or Sec. 550.151 exist 
only during a certain period of the year, such as during a given season, 
an agency may pay the employee premium pay on an annual basis only 
during the period he is subject to these conditions.
    (c) An agency may continue to pay an employee premium pay on an 
annual basis under Sec. 550.141 or Sec. 550.151:
    (1) For a period of not more than 10 consecutive prescribed workdays 
on temporary assignment to other duties in which conditions do not 
warrant payment of premium pay on an annual basis, and for a total of 
not more than 30 workdays in a calendar year while on such a temporary 
assignment.
    (2) For an aggregate period of not more than 60 prescribed workdays 
on temporary assignment to a formally approved program for advanced 
training duty directly related to duties for which premium pay on an 
annual basis is payable.

An agency may not continue to pay an employee premium pay on an annual 
basis under this paragraph for more than 60 workdays in a calendar year.
    (d) When an employee is not entitled to premium pay on an annual 
basis under Sec. 550.141, he is entitled to be paid for overtime, night, 
holiday, and Sunday work in accordance with other sections of this 
subpart.
    (e) An agency shall continue to pay an employee premium pay on an 
annual basis under Sec. 550.141 or Sec. 550.151 while he is on leave 
with pay during a period in which premium pay on an annual basis is 
payable under paragraphs (a), (b), and (c) of this section.
    (f) Unless an agency discontinues authorization of premium pay under 
Sec. 550.141 or Sec. 550.151 for all similar positions, it may not 
discontinue authorization of such premium pay for an individual 
employee's position--
    (1) During a period of paid leave elected by the employee and 
approved by the agency in lieu of benefits under the Federal Employees' 
Compensation Act, as amended (5 U.S.C. 8101 et seq.), following a job-
related injury;
    (2) During a period of continuation of pay under the Federal 
Employees' Compensation Act, as amended (5 U.S.C. 8101 et seq.);
    (3) During a period of leave without pay, if the employee is in 
receipt of benefits under the Federal Employees' Compensation Act, as 
amended (5 U.S.C. 8101 et seq.). (Note: No premium pay is payable during 
leave without pay; however, the continued authorization may prevent a 
reduction in an employee's retirement benefits if the leave without pay 
period occurs during the employee's high-3 average salary period.)

[33 FR 12458, Sept. 4, 1968, as amended at 35 FR 6312, Apr. 18, 1970; 64 
FR 69175, Dec. 10, 1999]