The head of each agency, or an official who has been delegated authority to act for the head of an agency in the matter concerned, is responsible for:
(a) Fixing tours of duty; ordering employees to remain at their stations in a standby status; and placing responsibility on employees for remaining on duty when required by circumstances.
(b) Determining, in accordance with section 5545(c) of title 5, United States Code, and this subpart, which employees shall receive premium pay on an annual basis under § 550.141 or § 550.151. These determinations may not be retroactive.
(c) Determining the number of hours of actual work to be customarily required in positions involving longer than ordinary periods of duty, a substantial part of which consists of standby duty. This determination shall be based on consideration of the time required by regular, repetitive operations, available records of the time required in the past by other activities, and any other information bearing on the number of hours of actual work which may reasonably be expected to be required in the future.
(d) Determining the number of hours of irregular or occasional overtime work to be customarily required in positions which require substantial amounts of irregular or occasional overtime work with the employee generally being responsible for recognizing, without supervision, circumstances which require him to remain on duty. This determination shall be based on consideration of available records of the hours of irregular or occasional overtime work required in the past, and any other information bearing on the number of hours of duty which may reasonably be expected to be required in the future.
(e) Determining the rate of premium pay fixed by OPM under § 550.144 or § 550.154 which is applicable to each employee paid under § 550.141 or § 550.151; or, if no rate fixed under § 550.144 or § 550.154 is considered applicable, proposing a rate of premium pay on an annual basis to OPM.
(f) Reviewing determinations under paragraphs (b), (c), (d) and (e) of this section at appropriate intervals, and discontinuing payments or revising rates of premium pay on an annual basis in each instance when that action is necessary to meet the requirements of section 5545(c) of title 5, United States Code, and this subpart.
[33 FR 12458, Sept. 4, 1968, as amended at 35 FR 6311, Apr. 18, 1970]
Notes of Decisions
Manning v. United States, 10 Cl. Ct. 651 (Ct. Cl. 1986).
· cites it 2× “The records not only should have been kept, in view of the plaintiff’s ongoing status in standby pay, but, in fact, periodically reviewed by the plaintiff’s Command under the requirements imposed in 5 C.F.R. § 550.161 (f) (1970). This regulation imposed a duty upon the agencies…”
Triponi v. United States, 224 Ct. Cl. 503 (Ct. Cl. 1980).
“Pursuant to 5 C.F.R. § 550.161 (f), DEA was not required to *511 monitor the exact number of hours worked each pay period, but instead could review and adjust the percentage of premium pay at appropriate intervals.”
Doe v. United States, 46 Fed. Cl. 399 (Fed. Cl. 2000).
“The regulations at 5 C.F.R. § 550.161 (b) provide that “the head of the agency is responsible for determining which employees shall receive premium pay on an annual basis.”
Ater v. United States, 6 Cl. Ct. 344 (Ct. Cl. 1984).
“5 C.F.R. § 550.161 (a) and (b) (1981); see also S.”
Collins v. United States, 101 Fed. Cl. 435 (Fed. Cl. 2011).
“Under the regulation [t]he head of each agency, or an official who has been delegated authority to act for the head of an agency in the matter concerned, is responsible for____[deter-mining in accordance with section 5545(c) of Title 5, United States Code, and this subpart,…”
Beeunas v. United States, 1 Cl. Ct. 706 (Ct. Cl. 1983).
“Administrative Record (AR) at 35, 36. Employees are generally responsible for recognizing, without supervision, circumstances requiring administratively uncontrollable overtime.”
Sullivan v. United States, 229 Ct. Cl. 82 (Ct. Cl. 1981).
“§ 5545 (c)(2) and 5 C.F.R. § 550.161 (b) (1978). U. S. Secret Service Revised Guidelines for the Payment of Regularly Scheduled Overtime to Employees Earning Premium Pay (Sept.”
Anderson, 224 Ct. Cl. 716 (Ct. Cl. 1980).
· cites it 2× “5 C.F.R. § 550.161 , provides that: the agency concerned shall be responsible for determining which employee shall receive premium pay on an annual basis; that these determinations may not be retroactive; that the determinations shall be based on consideration of "available…”
— 5 C.F.R. § 550.161(b) — 1 case
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