5 C.F.R. § 550.154

Rates of premium pay payable under § 550.151

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(a) An agency may pay the premium pay on an annual basis referred to in § 550.151 to an employee who meets the requirements of that section, at one of the following percentages of the employee's rate of basic pay (as defined in § 550.103):

(1) A position which requires an average of at least 3 but not more than 5 hours a week of irregular or occasional overtime work—10 percent;

(2) A position which requires an average of over five but not more than 7 hours a week of irregular or occasional overtime work—15 percent;

(3) A position which requires an average of over seven but not more than 9 hours a week or irregular or occasional overtime work—20 percent;

(4) A position which requires an average of over 9 hours a week of irregular or occasional overtime work—25 percent.

(b) If an agency proposes to pay an employee premium pay on an annual basis under § 550.151 but unusual conditions seem to make the applicable rate in paragraph (a) of this section unsuitable, the agency may propose a rate of premium pay on an annual basis for OPM approval. The proposal shall include full information bearing on the frequency and duration of the irregular or occasional overtime work required; the nature of the work which prevents hours of duty from being controlled administratively; the necessity for the employee being generally responsible for recognizing, without supervision, circumstances which require him to remain on duty; and any other pertinent conditions.

(c) The period of time during which an employee continues to receive premium pay on an annual basis under § 550.151 under the authority of paragraphs (c) or (g) of § 550.162 is not considered in computing the average hours of irregular and occasional overtime work under this section.

[33 FR 12458, Sept. 4, 1968, as amended at 35 FR 6311, Apr. 18, 1970; 55 FR 41178, Oct. 10, 1990; 57 FR 2435, Jan. 22, 1992; 61 FR 3543, Feb. 1, 1996; 67 FR 6641, Feb. 13, 2002]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1983–2021 · leading case: Alexander v. United States, 1 Cl. Ct. 653 (Ct. Cl. 1983).

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Alexander v. United States, 1 Cl. Ct. 653 (Ct. Cl. 1983). “The pertinent OPM regulations are set out in 5 C.F.R. § 550.154 (a). . Although the Department of Labor’s regulations are not controlling in deciding the validity of FPM Letter 551.”

Beeunas v. United States, 1 Cl. Ct. 706 (Ct. Cl. 1983). · cites it 2× “5 C.F.R. § 550.154 (a)(2) (1980). A weekly average of over nine hours of AUO is required to entitle Plaintiff to a 25 percent premium pay.”

Am. Fed'n of Gov't Emps. Nat'l Council, 118-Ice v. Fed. Labor Relations Auth., 926 F.3d 814 (D.C. Cir. 2019). · cites it 2× “Eligible employees receive a premium payment based on the following table: ? See 5 C.F.R. § 550.154 (a). An agency must review its employees' average weekly AUO "at appropriate intervals.”

Am. Fed'n of Gov't v. FLRA (D.C. Cir. 2019). · cites it 2× “Eligible employees receive a premium payment based on the following table: Premium Payment Average Weekly AUO (As a Percentage of Base Pay) At least 3 but not more than 5 hours 10% More than 5 but not more than 7 hours 15% More than 7 but not more than 9 hours 20% More than 9…”

Cheung v. United States (Fed. Cl. 2021). · cites it 2× “The rates of payment permitted by regulation in the regulation at 5 C.F.R. § 550.154 (a) for AUO are: (a) An agency may pay the premium pay on an annual basis referred to in § 550.”

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