(a)(1) Interest begins to accrue on the date or dates (usually one or more pay dates) on which the employee would have received the pay, allowances, and differentials if the unjustified or unwarranted personnel action had not occurred.
(2) Interest accrual ends at a time selected by the agency that is no more than 30 days before the date of the back pay interest payment. No interest is payable if a complete back pay payment is made within 30 days after any erroneous withdrawal, reduction, or denial of a payment, and the interest accrual ending date is set to coincide with the interest accrual starting date.
(b) In computing the amount of interest due under section 5596 of title 5, United States Code, the agency shall reduce the amount of pay, allowances, and differentials due for each date described in paragraph (a) of this section by an amount determined as follows:
(1) Divide the employee's earnings from other employment during the period covered by the corrective action, as described in § 550.805(e)(1) of this part, by the total amount of back pay prior to any deductions;
(2) Multiply the ratio obtained in paragraph (b)(1) of this section by the amount of pay, allowances, and differentials due for each date described in paragraph (a) of this section.
(c) The agency shall compute interest on the amount of back pay computed under section 5596 of title 5, United States Code, and this subpart before making deductions for erroneous payments, as required by § 550.805(e)(2) of this part.
(d) The rate or rates used to compute the interest payment shall be the annual percentage rate or rates established by the Secretary of the Treasury as the overpayment rate under section 6621(a)(1) of title 26, United States Code (or its predecessor statute), for the period or periods of time for which interest is payable.
(e) On each day for which interest accrues, the agency shall compound interest by dividing the applicable interest rate (expressed as a decimal) by 365 (366 in a leap year).
(f) The agency shall compute the amount of interest due, and shall issue the interest payment within 30 days of the date on which accrual of interest ends.
(g) To the extent administratively feasible, the agency shall issue payments of back pay and interest simultaneously. If all or part of the payment of back pay is issued on or before the date on which accrual of interest ends and the interest payment is issued after the payment of back pay is issued, the amount of the payment of back pay shall be subtracted from the accrued amount of back pay and interest, effective with the date the payment of back pay was issued. Interest shall continue to accrue on the remaining unpaid amount of back pay (if any) and interest until the date on which accrual of interest ends.
[53 FR 18072, May 20, 1988, and 53 FR 45886, Nov. 15, 1988; 64 FR 69179, Dec. 10, 1999]
Notes of Decisions
Brenda Bennett v. Dep't of the Navy, 699 F.2d 1140 (Fed. Cir. 1983).
· cites it 2× “Nor are litigation costs named in the applicable regulations, 5 C.F.R. §§ 550.806 , 1201.37 (1982). Therefore, we hold that under section 7701(g)(1) the MSPB is authorized to award only attorney fees.”
Glenn H. Sims v. Dep't of the Navy, 711 F.2d 1578 (Fed. Cir. 1983).
“Harris, 2 MSPB 572 , 574-575 (1980) (applying the legislative history to the board’s interpretation of the two attorney fee provisions); 5 C.F.R. § 550.806 (1982) (regulation prescribed by the Office of Personnel Management, pursuant to 5 U.”
Martin v. United States, 12 Cl. Ct. 223 (Ct. Cl. 1987).
“§ 5596 (b)(1) (1982)), and its implementing regulations ( 5 C.F.R. § 550.806 (1986)). Defendant concedes that plaintiff is a prevailing party, as that term is used in the EAJA, and that plaintiff was affected by an unjustified or unwarranted personnel action, as that phrase is…”
Est. of Schultz v. Potter, 349 F. App'x 712 (3rd Cir. 2009).
· cites it 2× “§ 5596 (b)(2)(B)® (emphasis added); see also 5 C.F.R. § 550.806 (b), (f). The District Court correctly amended its order to reflect this statutory directive with regard to back-pay amounts not yet paid and should have done the same with regard to the amount paid to Schultz on…”
Kinkaid v. McDonald, 208 F. Supp. 3d 212 (D.D.C. 2016).
“77 in interest pursuant to 5 C.F.R. § 550.806 . Id. ¶ 6 . After those deductions and with interest, petitioner’s net back pay award totaled $116,499.”
Morley v. Brown, 605 F. Supp. 1468 (N.D. Ohio 1985).
· cites it 4× “The May 7, 1982 request was made pursuant to 5 CFR § 550.806 . However, in plaintiff’s July 9, 1982 letter to defendant DLA renewing his request for payment of attorney fees, there is no reference made to the EAJA.”
Diane Hodge v. Dep't of Vets. Affairs (MSPB 2024).
· cites it 2× “§ 5596 ; 5 C.F.R. §§ 550.806 . Second, the appellant states that the agency did not specify whether the payments included step increases.”
Est. of Schultz v. Potter, 349 F. App'x 712 (3rd Cir. 2009).
· cites it 2× “§ 5596 (b)(2)(B)® (emphasis added); see also 5 C.F.R. § 550.806 (b), (f). The District Court correctly amended its order to reflect this statutory directive with regard to back-pay amounts not yet paid and should have done the same with regard to the amount paid to Schultz on…”
Michelle Romine v. Dep't of the Army (MSPB 2023).
“The administrative judge further instructed the agency to recalculate the interest owed on the recalculated and reissued back pay award pursuant to 5 C.F.R. § 550.806 (a)(2), which provides that “[i]nterest accrual ends at a time selected by the agency that is no more than 30…”
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