5 C.F.R. § 550.163

Relationship to other payments

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(a) An employee receiving premium pay on an annual basis under § 550.141 may not receive premium pay for regular overtime work or work at night or on a holiday or on Sunday under any other section of this subpart. An agency shall pay the employee in accordance with §§ 550.113 and 550.114 for irregular or occasional overtime work.

(b) An employee receiving premium pay on an annual basis under § 550.151 may not receive premium pay for irregular or occasional overtime work under any other section of this subpart. An agency shall pay the employee in accordance with other sections of this subpart for regular overtime work, and work at night, on Sundays, and on holidays.

(c) Overtime, night, holiday, or Sunday work paid under any statute other than subchapter V of chapter 55 of title 5, United States Code, is not a basis for payment of premium pay on an annual basis under § 550.141 or § 550.151.

(d) (1) Except as provided in paragraph (d)(2) of this section, premium pay on an annual basis under § 550.141 or § 550.151 is not base pay and is not included in the base used in computing foreign and nonforeign allowances and differentials, or any other benefits or deductions that are computed on base pay alone.

(2) Premium pay on an annual basis under § 550.141 is base pay for the purpose of section 5595(c), section 8114(e), section 8331(3), and section 8704(c) of title 5, United States Code.

(e) Premium pay on an annual basis under § 550.141 or § 550.151 may not be paid to a criminal investigator receiving availability pay under § 550.181.

[33 FR 12458, Sept. 4, 1968, as amended at 33 FR 19897, Dec. 28, 1968; 35 FR 6312, Apr. 18, 1970; 59 FR 66151, Dec. 23, 1994]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1980–2021 · leading case: Triponi v. United States, 224 Ct. Cl. 503 (Ct. Cl. 1980).

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Triponi v. United States, 224 Ct. Cl. 503 (Ct. Cl. 1980). “5 C.F.R. § 550.163 (d) (1976) provides that premium pay under regulations implementing sections 5545(c)(1) or (2) will be included in basic pay for certain purposes.”

Cheung v. United States (Fed. Cl. 2021). “(citing 5 C.F.R. § 550.163 (b)). Plaintiffs argue in their post-trial reply brief that defendant’s argument, in which the assignment of the shift is in advance of the work week, but that the work performed on the shift is unpredictable because it is not known what, or how, much…”

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