[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: 5CFR550.185]

[Page 509]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.185  Payment of availability pay.

    (a) Availability pay is paid only for periods of time during which a 
criminal investigator receives basic pay. Availability pay is an amount 
equal to the lesser of--(1) 25 percent of a criminal investigator's rate 
of basic pay, as defined in Sec. 550.103, including amounts designated 
as ``salary'' for special agents in the Diplomatic Security Service; or
    (2) The maximum amount that may be paid to avoid exceeding the 
maximum earnings limitation on premium pay for law enforcement officers 
in 5 U.S.C. 5547(c).
    (b) Except as provided in paragraph (c) of this section, a criminal 
investigator who is eligible for availability pay shall continue to 
receive such pay during any period such investigator is attending 
agency-sanctioned training, on agency-ordered travel status, on agency-
approved leave with pay, or on excused absence with pay for relocation 
purposes.
    (c) Agencies may, at their discretion, provide availability pay to 
criminal investigators during training that is considered initial, basic 
training usually provided in the first year of service.
    (d) Agencies may, at their discretion, provide for the continuation 
of availability pay when a criminal investigator is on excused absence 
with pay, except where payment is mandatory under paragraph (b) of this 
section.
    (e) The amount of availability pay payable to a criminal 
investigator for a pay period is not affected by the occurrence of a 
paid holiday during that period.

[59 FR 66151, Dec. 23, 1994, as amended at 60 FR 67287, Dec. 29, 1995; 
64 FR 4521, Jan. 29, 1999]