PREMIUM PAY FOR FEDERAL CIVILIAN EMPLOYEES WHO PERFORM
EMERGENCY WORK IN SUPPORT OF THE NATIONAL EMERGENCY
DECLARED BY PRESIDENTIAL PROCLAMATION OF SEPTEMBER 14, 2001
The purpose of this attachment is to provide updated information about premium pay for civilian employees who perform emergency work in support of the National Emergency declared by the Presidential Proclamation of September 14, 2001.
Under 5 U.S.C. 5547(a) and 5 CFR 550.105, General Schedule employees and other covered employees, including law enforcement officers, may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable locality rate or special salary rate), or (2) level V of the Executive Schedule. Please refer to our biweekly premium pay limitation fact sheet at http://www.opm.gov/oca/pay/HTML/03GSCap.asp for further information and guidance.
Agencies are reminded of their authority under the law (5 U.S.C. 5547(b)) and OPM regulations (5 CFR 550.106) to make exception to the biweekly premium pay limitation.� (Please note that overtime pay under the Fair Labor Standards Act of 1938, as amended, does not count toward this limitation.)� The head of an agency may apply an annual cap to certain types of premium pay for any pay period for (1) employees performing work in connection with an emergency, including work performed in the aftermath of such an emergency, or (2) employees performing work critical to the mission of the agency.� Such employees may receive certain types of premium pay only to the extent that the aggregate of basic pay and premium pay for the calendar year does not exceed the greater of the annual rate for (1) GS-15, step 10 (including any applicable special salary rate or locality rate of pay), or (2) level V of the Executive Schedule.� (Also see 5 CFR 550.107 for information on premium payments that remain subject to the biweekly limitation when other premium payments are limited to the annual limitation.)