U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Appendix D

Table of Contents

Appendix F

Authorized by 5 U.S.C. 5545(c)(2) and 5 CFR 550.151 through 550.163

Authorized by 5 U.S.C. 5545a and

5 CFR 550.181 through 550.187

Paid to Border Patrol Agents and certain other employees (mainly in the Department of Homeland Security)

Paid to criminal investigators or other approved law enforcement officers

Discretionary 10 to 25 percent pay supplement

Entitlement to fixed 25 percent pay supplement

AUO is paid for all irregularly scheduled overtime work (i.e., not scheduled in advance of the workweek)

Paid for (1) all irregularly scheduled overtime work, (2) any regularly scheduled overtime work that is part of the first 2 overtime hours on a regular workday, and (3) certain non-work hours during which employee is placed in availability status

AUO rate is based on the average number of hours of irregular overtime work performed per week (e.g., a 25 percent rate is authorized for an average of over 9 hours per week of irregular overtime work)

Employees are eligible for LEAP only if they have an annual average of 2 or more hours of unscheduled duty per workday

If employees are covered by the Fair Labor Standards Act (FLSA) of 1938, as amended, they are entitled to receive an extra half rate for irregular overtime hours in addition to AUO pay

LEAP recipients are not covered by the FLSA

AUO pay remains subject to the biweekly premium pay cap, even while other types of premium pay may be simultaneously subject to an annual premium pay cap

LEAP remains subject to the biweekly premium pay cap, even while other types of premium pay may be simultaneously subject to an annual premium pay cap

AUO pay is considered basic pay for purposes of retirement benefits only for law enforcement officers;  Entitlement to retirement-creditable AUO pay is based strictly on the definition of “law enforcement officer” at 5 U.S.C. 8331(20) and 8401(17)

LEAP is considered basic pay for purposes of retirement benefits, life insurance, and severance pay

Appendix D

Table of Contents

Compensation Administration Main Page

Appendix F