PURPOSE

These instructions provide guidance regarding the Department of Justice's (DOJ) authority to waive the annual premium pay limitation for employees performing work overseas. In accordance with § 1105 of the National Defense Authorization Act for Fiscal Year 2006, Public Law (P.L.) 109-163, January 6, 2006), components may make payments of basic pay and premium pay combined up to $200,000. This applies to DOJ employees assigned to an overseas location in the area of responsibility of the Commander of the U.S. Central Command (US CENTCOM). Additional statutory references include: Title 5, United States Code (U. S. C.) §§ 5307, 5547 and 5551 and 10 U.S.C. § 101. (Note: Language has been revised in Title 10 to define what constitutes performance of work (see fourth bullet below under 'ELIGIBILITY').

ELIGIBILITY

Employees eligible for the increased limitation include those employees who meet the following criteria:

• Are subject to the provision 5 U.S.C. § 5547;



• Are assigned to an overseas location in the US CENTCOM area of responsibility;



• Remain in the US CENTCOM area of responsibility for at least 42 consecutive calendar days (the 42-day qualification period may overlap a calendar year- for example: the period may begin in 2005 and end in 2006, or being in 2006 and end in 2007);



• Perform work in direct support of, or directly related to a military operation (including a contingency operation, as defined in section 101 (13) of title 10, U.S.C.) Component Heads will determine what constitutes work performance eligibility. This may be re-delegated. Note: Currently, only employees assigned to Iraq and/or Afghanistan who meet the first three bulleted criteria (above) are deemed to meet the fifth bulleted criterion (below); and



• Determinations about whether other US CENTCOM overseas areas of responsibility (see appendix) perform work that meets the eligibility criteria must be made on a case-by-case basis and documented using the procedures described in these instructions.

DESIGNEES

The Attorney General (AG) has delegated the authority to Department Component Heads to determine when employees meet the eligibility criteria.

GUIDANCE

The following guidance will facilitate the implementation of this authority for components that have made a determination to use this authority, which increases the premium pay limitation of eligible employees to $200,000.

• The increased annual premium pay limitation of $200,000 enacted by § 1105 of P.L. 109-163 is effective on January 1, 2006, and applies to premium payments payable to an eligible employee during the 2006 calendar year, meaning premium pay earned in a pay period for which the pay date falls in the calendar year. Premium payments payable before the effective date of an employee's eligibility are not covered by § 1105.



• The $200,000 premium pay limitation (i.e. limitation on basic pay and premium pay) exceeds the 2006 aggregate pay limitation (Executive Level I - $183,500) for total annual compensation under 5 U.S.C. § 5307, which P.L. 109-163 does not waive.



• Premium pay payable under this authority in excess of the 2006 aggregate pay limitation is deferred for payment until the first pay period in 2007. Deferred payments will count towards the employee's 2007 aggregate limitation.



• When an employee no longer performs work in direct support of a covered military operation in an overseas location of the U.S. CENTCOM area of responsibility, or when the employee is reassigned to a position outside the U.S. CENTCOM area of responsibility, the employee's pay will be subject to the biweekly limitation, as stated in 5 U.S.C. § 5547 (a) for that position and location. The biweekly limitation is the greater of the amount payable per pay period for:
  
  
  • GS-15, step 10 (including any applicable special salary rate or locality rate of pay), or
  
  
  
  • Level V of the Executive Schedule.

However, any premium pay payable to such employee for any given pay period during the remainder of the calendar year still is subject to the $200,000 annual limitation. Therefore, the employee may be paid premium pay only to the extent that the payment does not cause the total of his or her basic pay and premium pay payable in the 2006 calendar year to exceed $200,000.

NOT BASIC PAY

Additional premium pay, as a result of this waiver, shall not be considered basic pay for retirement or any other purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under 5 U.S.C. § 5551.

REPORTING REQUIRMENT

Components are required to report to the AAG/A by February 15, 2007 on the use of this authority for each employee paid premium pay that exceeds the normal biweekly and annual limitations under 5 U.S.C. § 5547.

APPENDIX

COUNTRIES IN U.S. CENTCOM OVERSEAS AREA OF RESPONSIBILITY

1. Djibouti

2. Egypt

3. Eritrea

4. Sudan

5. Kenya

6. Ethiopia

7. Somalia

8. Jordan

9. Saudi Arabia

10. Yemen

11. Oman

12. United Arab Emirates

13. Qatar

14. Bahrain

15. Kuwait

16. Pakistan

17. Iran

18. Iraq

19. Afghanistan

20. Tajikistan

21. Kyrgyzstan

22. Kazakhstan

23. Uzbekistan

24. Turkmenistan

25. Seychelles

26. Syria

27. Lebanon