Washington, D.C. 20530

April 16, 2002

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS

This is to inform you of changes in the Department's policy on annual premium pay for administratively uncontrollable overtime work (AUO pay). These changes implement new flexibilities authorized by the attached interim Office of Personnel Management (OPM) regulations. In the case of an employee who is performing work that is directly related to a national emergency, these regulations allow an agency to:

• Continue to pay an employee AUO pay for up to 30 consecutive workdays on a temporary assignment to non-AUO duties directly related to the national emergency, not to exceed a total of 90 workdays in a calendar year; and



• In computing future rates of AUO pay, exclude up to 30 consecutive workdays on a temporary assignment to non-AUO duties directly related to the national emergency, not to exceed a total of 90 workdays in a calendar year.

For temporary non-training assignments not directly related to a national emergency, the regulations continue to limit the continuance of AUO pay to 10 consecutive workdays per temporary assignment, not to exceed a total of 30 workdays in a calendar year. The regulations continue to allow agencies to continue AUO pay for up to 60 workdays while on temporary assignment to formally-approved training related to the duties for which AUO is paid. In both cases, the new regulations provide for this time to be excluded in computing future rates of AUO pay.

The Department requested the new regulatory flexibilities in order to avoid penalizing employees whose temporary assignments in the aftermath of the September 11, 2001, terrorist attacks have exceeded 10 consecutive workdays.

Under my delegated authority in 28 CFR 0.75(d), I have determined that, effective September 11, 2001:

• In accordance with 5 CFR 550.162(g), an employee will continue to receive AUO pay, subject to the established 30-workday/90-workday limitations, for assignments performed in connection with a national emergency. The 10-workday/30-workday limitations provided in Paragraph 12.a. of DOJ Order 1551.4A will be separately applied to any non-national emergency non-training assignments.



• In accordance with 5 CFR 550.154, the computation of weekly averages of AUO work under Paragraphs 10.d. and 11.c. of DOJ Order 1551.4A, will exclude (in addition to the categories already listed in the Order) time periods under 5 CFR 550.162(c) or (g).



• The 60-workday annual limitation in Paragraph 12.c. of DOJ Order 1551.4A continues to apply to non-national emergency work. Since a 90-workday annual limitation is separately applied to national emergency work, it is theoretically possible to exclude as many as 150 workdays in a calendar year.

These changes will be incorporated into the forthcoming AUO pay chapter in the Human Resources Order. Finally, supervisors and managers are reminded that certain premium payments are subject to the maximum earnings limitations in 5 U.S.C. 5547.

If members of your staff have any questions about this topic, they may contact John Cahill, of the Justice Management Division, Personnel Staff, Policy Group, on (202) 514-6778.

Attachment

cc:   Melinda Morgan, JMD HRSAG

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