SECTION 5. LIMITATION ON PREMIUM PAY
Applicability
This Section applies as follows: GS and FP FLSA EXEMPT employees are subject to a biweekly limitation on premium pay. FWS employees are not subject to the limitation. Law enforcement officers have a separate limitation. A NONEXEMPT GS/FP employee's overtime pay is not subject to the limitation but all other premium pay is covered. ES and FE employees do not earn premium pay. FO employees, see Section 23.
Biweekly maximum limitation on pay - general rule
Generally, the total of premium pay and basic pay that a GS or FP EXEMPT employee (excluding law enforcement officers under sections 8331(20) and 8401(17) of Title 5) may receive in any biweekly pay period is limited to the maximum rate for GS-15 in effect on the last day of the calendar year in which the pay was earned (5 U.S.C. 5547).
NOTE: If the employee is being paid a special rate under 5 U.S.C. 5305 or a locality-based comparability payment under 5 U.S.C. 5304, the rate for GS-15 will be similarly extended, i.e., it will be taken from the same salary table chart as the employee's base rate.
NONEXEMPT GS and FP overtime pay not subject to the biweekly limitation
The overtime pay of any NONEXEMPT GS and FP employee is excluded from the biweekly maximum limitation because it is paid under FLSA rather than Title 5. However, the total of basic pay and other forms of premium pay paid to NONEXEMPT GS and FP employees in any biweekly pay period is limited to the maximum rate of GS-15.
Separate law enforcement officer (LEO) biweekly limitation
The total of basic pay and premium pay in any pay period paid to an EXEMPT LEO covered by sections 8331(20) and 8401(17) of Title 5, is limited to the lesser of:
- 150 percent of the minimum rate for GS-15 (including a locality-comparability adjustment under Section 5304 of 5 U.S.C. or special law enforcement adjustment under Section 302 or 403 of the FEPCA of 1990, and any special rate under Section 5305 of 5 U.S.C., respectively), rounded to the nearest whole cent, counting one-half cent and over as a full cent), or
- the rate payable for Executive Level V.
FWS employees (EXEMPT or NONEXEMPT) not subject to the biweekly maximum pay limitation
Since FWS employees are excluded from coverage of 5 U.S.C. 5547, they are not subject to the biweekly maximum limitation.
Exceptions to the biweekly maximum earnings limitation for emergencies
Heads of operating units or their designees may approve premium pay under the annual limitation, i.e., grant an exception from the biweekly maximum earnings limitation, for employees performing work directly connected with resolving or coping with an emergency or its aftermath. "Emergency" is defined as a temporary condition posing a direct threat to human life and property, e.g., natural disasters, such as hurricanes, tornadoes, floods, forest fires, etc. "Emergency" as used in the context of this paragraph does not apply to the regular duties of law enforcement officers.
Pay projection required
Managers authorized to approve premium pay under the annual limitation are responsible for projecting the affected employee's pay to ensure that the annual rate for GS-15/10 in effect on the last day of the last pay period of the calendar year is not exceeded. A sample form for accomplishing the pay projection and for documenting an approved exception is provided at the end of this Section.
Calendar year limitation
An employee who is authorized premium pay under the annual limitation may not exceed the GS-15, step 10 limitation on a calendar year basis under any circumstances and is subject to the biweekly limitation for all pay periods in which an emergency exception has not been granted.
Effective date of exception
The effective date of an exception is the first day of the pay period in which the emergency begins.
Expert and consultant limitation on maximum earnings
Unless specifically authorized by statute other than 5 U.S.C. 3109, the daily or biweekly earnings of an expert or consultant appointed under 5 U.S.C. 3109, including base pay, premium pay, and locality pay may not aggregate in excess of the rate for GS-15, step 10, on the nationwide General Schedule. An expert or consultant paid a daily rate (as opposed to an hourly rate) is not entitled to overtime pay in any case.
EXEMPTION FROM BIWEEKLY EARNINGS LIMITATION
Employee Name:______________________________________________
Position Title, Series, Grade: _____________________________
Agency/Office: _____________________________________________
Type of Emergency (Fire, Flood, etc.): _____________________
Nature of Work to be Performed: ____________________________
____________________________________________________________
____________________________________________________________
The following information is as of the end of pay period ___
which covers ___________ (date) through ____________ (date):
Current Base Salary: _______________________________________
(includes locality-based comparability pay, and/or special salary rate)
Applicable Biweekly Pay Cap: _______________________________
Applicable Annual Pay Cap: _________________________________
- Dollar amount of projected annual base salary
if less than a GS-15, step 10 (include any
projected increase/decrease in base salary,
e.g., locality, within-grade, promotion,
general increase, change to lower grade, etc.)
$ ________
- Dollar amount of annual base salary received
to date (beginning with pay period 25 or 26
through end of the current pay period): $ ________
- Annual base salary remaining to be paid in
current calendar year (A minus B): $ ________
- Total amount of premium pay received to date
in current calendar year:
| Type |
Total |
| Sunday Differential
| _________
|
| Sunday Diff w/Night Diff
| _________
|
| Night Differential
| _________
|
| Overtime over 8
| _________
|
| Overtime over 40
| _________
|
| OT over 40 w/Night Diff
| _________
|
| OT over 8 w/Night Diff
| _________
|
| Overtime Call-back
| _________
|
| Holiday Worked
| _________
|
| Compensatory Time
| _________
|
| FLSA
| _________
|
| AUO/Standby/Availability
| _________
|
| $ ________
|
- Total annual base salary and premium pay
received to date and base salary left to
be paid in the remainder of the calendar
year (B plus C plus D): $ ________
- Total amount available for premium pay of
any type for the remainder of the current
calendar year (annual pay cap minus E): $ ________
CERTIFICATION: I certify that the above figures are correct to the best of my knowledge. I understand that any increases or decreases in my base salary or premium pay entitlements may increase or decrease the amount of additional premium pay I can earn in the remainder of the current calendar year. I also understand that the total of base salary and premium pay I receive may not exceed the applicable annual pay cap of a GS-15, step 10, in a calendar year. Consequently, if the total of base salary and premium pay I receive at the end of the calendar year exceeds the applicable pay cap of a GS-15, step 10, any excess premium pay becomes an overpayment regardless of whether some or all of it was performed in conjunction with an emergency. The amount of the overpayment will be recouped, regardless of administrative error or oversight in the computation above. This statement constitutes evidence of my knowledge of the applicable biweekly and annual pay cap and my responsibility for monitoring premium pay to ensure that premium pay does not exceed the appropriate pay cap. I do not abrogate my right to request a waiver of any overpayment; however, a waiver of overpayment is not likely to be granted as a result of my certification of this statement.
| ______________________________
| __________________________
|
| Employee
| Date
|
| ______________________________
| __________________________
|
| First level supervisor
| Date
|
| ______________________________
| __________________________
|
| Second level supervisor
| Date
|