[Federal Register: March 5, 1997 (Volume 62, Number 43)]
[Proposed Rules]

[[Page 9995]]

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 551

RIN 3206-AA40


Pay Administration Under the Fair Labor Standards Act

AGENCY: Office of Merit Systems Oversight, OPM.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Office of Personnel Management (OPM) is withdrawing the
proposed rule published on January 10, 1995, at 60 FR 2549-2551. The
proposed rule would have added Subpart F--Complaints and Compliance to
OPM's regulations administering pay of Federal employees under the Fair
Labor Standards Act (FLSA or Act); however, events have overtaken the
proposed rule.

FOR FURTHER INFORMATION CONTACT:
Jeffrey D. Miller, Director, Classification Appeals and FLSA Programs,
by telephone on 202-606-2530; by fax on 202-606-2663; or by e-mail at
JDMiller@opm.gov.

SUPPLEMENTARY INFORMATION: On January 10, 1995, OPM published a
proposed rule at 60 FR 2549-2551 to amend regulations on the Fair Labor
Standards Act (FLSA). The proposed rule was to supersede instructions
contained in Federal Personnel Manual Letter 551-9, Civil Service
Commission System for Administering the Fair Labor Standards Act (FLSA)
Compliance and Complaint System (March 30, 1976).
    Pursuant to the Legislative Branch Appropriations Act of 1996, most
of the claims settlement functions performed by the General Accounting
Office (GAO) were transferred to the Director of the Office of
Management and Budget (OMB). See Section 211, Public Law 104-53, 109
Stat. 535. The OMB Director delegated these functions to various
components within the Executive branch in a determination order dated
June 28, 1996. This order delegated to the Office of Personnel
Management (OPM) the authority to settle claims against the Untied
States involving Federal employees' compensation and leave (31 U.S.C.
3702), deceased employees' compensation 95 U.S.C. 5583), and proceeds
of canceled checks for veterans' benefits payable to deceased
beneficiaries (38 U.S.C. 5122). OPM is withdrawing the proposed rule to
amend 5 CFR Part 551 while it considers a claims procedure in keeping
with its new authority.
    Until superseded by OPM regulations, it is OPM's policy, with one
exception, to apply to the administration of any authority transferred
from the General Accounting Office (GAO) any applicable GAO regulations
in effect at the time of the transfer. The exception to this policy
involves claims arising under the Fair Labor Standards Act (FLSA), 29
U.S.C. 201, et seq. FLSA claims will continue to be settled in the same
manner as complaints under this Act are resolved pursuant to OPM's
authority to administer the FLSA for the Federal Government pursuant to
29 U.S.C. 204(f).

    Office of Personnel Management.
James B. King,
Director.
[FR Doc. 97-5366 Filed 3-4-97; 8:45 am]
BILLING CODE 6325-01-M