Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832993577.pdf (Micronesia, Federated States of)
TWELFTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2001 C.B.

NO.

12-9 A BILL FOR AN ACT To further amend title 52 of the Code of the Federated States of Micronesia, as amended, by amending section 145 and by further amending section 509, as enacted by Public Law No.

9-155 and amended by Public Laws Nos.


10-62, 10-118, 10-151, 11-41 and 11-52, to authorize payment of a portion of excess leave hours on retirement, to clarify the freeze on performance increases, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Section 145 of title 52 of the Code of the Federated 2 States of Micronesia is hereby amended to read as follows: "Section 145.

Leaves of absence.
Leaves of absence.

(1) Leaves of absence with pay may be granted to employees by management officials for reasons of vacation, illness, maternity, training, or education, or for such other reasons as will be in the best interests of the public service.

Eligibility for such leaves, the method and rate of earning such eligibility, and the duration of the leave shall be established by regulations.
At the end of each calendar year, if an employee's accrued annual and compensatory leave balances together total in excess of 280 hours, the excess amount shall be treated as follows: (a) one-half shall be forfeited; and (b) one-half shall be given a cash value determined as of the last day of the calendar year, which shall be payable to the employee only on his or her retirement from employment CBL 12-3 C.B.

NO.
NO.

12-9 with the National Government within five years thereafter.

(2) Leaves of absence without pay may be granted for such reasons as management officials may deem proper and consistent with the best interests of the public service.

Regulations may prescribe the characteristics of such leaves."

Section 2.

Section 509 of title 52 of the Code of the Federated 8 States of Micronesia, as enacted by Public Law No.

9-155 and amended 9 by Public Laws Nos.


10-62, 10-118, 10-151, 11-41 and 11-52, is hereby 10 further amended to read as follows: "Section 509.

Freeze on salary increases; compensatory time and overtime compensation.
Notwithstanding any other applicable law, there is hereby enacted: (1) a freeze on [annual salary step increases of all employees in the public service system] performance increases under section 166 of this title; and (2) compensatory time, with which employees in the public service system shall be credited in lieu of receiving overtime compensation as otherwise authorized under the National Public Service System Act and regulations promulgated thereunder.
Compensatory time means those hours authorized in advance and worked by an employee outside established work hours and for which the employee is credited with one hour in the form of leave with pay for each hour of work an employee is directed to work and performs in excess 2 of 5 C.B.

NO.

12-9 of the regular 40 hour workweek as provided by law.
Compensatory time shall be accrued by National Government public service employees and shall be included in the compensation received by a program participant pursuant to subsection (4)(c) of section 506 of this chapter[; except that any accumulation of time in excess of 280 hours shall be forfeited unless taken before the end of the calendar year in which the excess was accumulated.
For purposes of computing whether a program employee's accrued compensatory and/or annual leave hours are in excess of 280 hours, accrued compensatory time and annual leave shall be included in computing the 280-hour ceiling].

(3) Notwithstanding the provisions of this section, an employee shall be entitled to receive overtime differential, retroactive to the effective date of Public Law No.
9-155, as authorized under the National Public Service System Act, for: (a) time worked in the event that the National Government would be entitled to compensation for payment of such differential under section 115 of title 50 and section 416 of title 22; (b) time worked in the event that the National of 5 C.B.

NO.
12-9 Government would be entitled to compensation for payment of such differential through a written agreement with a legal entity that seeks to provide relief from emergency conditions, as long as the time worked is directly related to efforts to provide emergency relief, in accordance with an emergency declared by the President under article X, section 9, of the Constitution of the Federated States of Micronesia; (c) time worked in the event that the National Government would be entitled to compensation for payment of such differential through a written agreement with the Water Users Corporation, as long as the time worked is directly related to management and maintenance of the Capital Water System; or (d) time worked as follows: (i) by personnel within the Division of Budget in preparation of the annual budget submission at the discretion of the Secretary of the Department of Finance and Administration; (ii) by accounting personnel within the Division of Treasury in preparing the annual financial statements for the FSM National Government, at the discretion of the Secretary of the Department of Finance and Administration; (iii) by accounting personnel within the 4 of 5 C.B.
NO.

12-9 Division of Treasury in preparing reports pursuant to section 226 of title 55 of the Code of the Federated States of Micronesia, or a successor provision, at the discretion of the Secretary of the Department of Finance and Administration.

Notwithstanding section 164 of this title, persons working hours entitling them to overtime differential pursuant to paragraph (d) of subsection (3) of this section shall receive compensation at straight time for those hours."

Section 3.
Section 3.

This act shall not affect the status of any accrued 10 leave hours forfeited prior to its becoming law.

11 Section 4.

This act shall become law upon approval by the 12 President of the Federated States of Micronesia or upon its becoming 13 law without such approval.

14 15 16 Date: Introduced by: Isaac V. Figir of 5