[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: 5CFR550.164]

[Page 506-507]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.164  Construction and computation of existing aggregate rates.

    (a) Pursuant to section 208(b) of the act of September 1, 1954 (68 
Stat. 1111), nothing in this subpart relating to the payment of premium 
pay on an annual basis may be construed to decrease the existing 
aggregate rate of pay of an employee on the rolls of an agency 
immediately before the date section 5545(c) of title 5, United States 
Code, is made applicable to him by administrative action.
    (b) When it is necessary to determine an employee's existing 
aggregate rate of pay (referred to in this section as existing aggregate 
rate), an agency shall determine it on the basis of the earnings the 
employee would have received over an appropriate period (generally 1 
year) if his tour of duty immediately before the date section 5545(c) of 
title 5, United States Code, is made applicable to him had remained the 
same. In making this determination, basic pay and premium pay for 
overtime, night, holiday, and Sunday work are included in the earnings 
the employee would have received. Premium pay for irregular or 
occasional overtime work may be included only if it was of a significant 
amount in the past and the conditions which required it are expected to 
continue.
    (c) An agency shall recompute an employee's rate of pay based on 
premium pay on an annual basis when he received subsequent increases in 
his rate of basic pay in order to determine whether or not the employee 
should continue to receive an existing aggregate rate or be paid premium 
pay on an annual basis.
    (d) Except as otherwise provided by statute, an agency may not use 
subsequent increases in an employee's rate of basic pay to redetermine 
or increase the employee's existing aggregate rate. However, these 
increases shall be used for other pay purposes, such as the computation 
of retirement deductions and annuities, payment of overseas allowances 
and post differentials, and determination of the highest previous rate 
under part 531 of this chapter.
    (e) When an agency elects to pay an employee premium pay on an 
annual basis, he is entitled to continue to receive hourly premium pay 
properly payable under sections 5542, 5543, 5545 (a) and (b), and 5546 
of title 5, United States Code, until his base pay plus premium pay on 
an annual basis equals or exceeds his existing aggregate rate. When this 
occurs, the agency shall pay the employee his base pay plus premium pay 
on an annual basis.
    (f) Except when terminated under paragraph (e) of this section, an 
agency shall continue to pay an employee an existing aggregate rate so 
long as:
    (1) He remains in a position to which Sec. 550.141, Sec. 550.151, or 
Sec. 550.162(c) is applicable;
    (2) His tour of duty does not decrease in length; and
    (3) He continues to perform equivalent night, holiday, and irregular 
or occasional overtime work.
    (g) If an employee who is entitled to an existing aggregate rate 
moves from one position to another in the same agency, both of which are 
within the scope of section 5545(c) of title 5, United States Code, he 
is entitled to be paid an existing aggregate rate in the new position 
such as he would have received had he occupied that position when the 
agency elected to make section 5545(c) applicable to it.

[[Page 507]]

                           Pay for Sunday Work