Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829883487.pdf (Micronesia, Federated States of)
FOURTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA THIRD REGULAR SESSION, 2006 C.B.

NO.

14-143 A BILL FOR AN ACT To further amend Title 52 of the Code of the Federated States of Micronesia, as amended, by amending section 117 and 509, to exempt National Weather Services employees from the Public Service System Act, to permit compensation for hours worked beyond regular hours to food inspectors and National Police officer, and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Section 117 of title 52 of the Code of the 2 Federated States of Micronesia, as amended by Public Laws Nos.

5- 3 21, 11-81, 13-8 and 13-78, is hereby amended to read as follows: “Section 117.

Application of chapter; Exemptions.
The National Public Service System shall apply to all employees of and positions in the central Government of the Federated States of Micronesia now existing or hereafter established and to all personnel services performed for that Government except the following, unless this chapter or provisions thereof are specifically made applicable to them: (1) Members of the Congress of the Federated States of Micronesia; (2) the President and Vice President of the Federated States of Micronesia; (3) Justices and other Judges of the National Courts; (4) the legislative counsel, deputy legislative counsel, budget officer, and the Clerk of the Congress; (5) the Public Auditor; CBL 14-155 C.B.
NO.
14-143 (6) the administrative officer of the National Courts; (7) the special assistants and secretaries to the President and Vice President; (8) persons appointed by the President to fill the following positions: Secretary of External Affairs, Secretary of Finance, Secretary of Resources and Development, Secretary of Transportation, Secretary of Human Resources, Budget Officer, National Planner, Director of Administrative Services, Attorney General, and Public Defender, and their deputies, if any; (9) persons appointed to any other positions by the President with the advice and consent of the Congress; (10) the Representative in Washington and all ambassadors; (11) persons or organizations retained by contract when the Personnel Officer has certified that the service to be performed is special or unique and nonpermanent and is essential to the public interest, and that, because of the degree of expertise or special knowledge required and the nature of the services to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures; (12) persons presently under contract of employment not included in subsection (11) of this section, during the 2 of 7 C.B.
NO.

14-143 life of such contract.
No contract of employment shall be entered into, renewed, or amended after the effective date of this chapter, except in accordance with the provisions of this chapter; (13) temporary positions, required in the public interest, for which the need does not exceed six months; (14) positions requiring part-time or intermittent work which does not exceed sixty hours in any calendar month; (15) positions filled by inmates, patients, and students of institutions of the Federated States of Micronesia; (16) members of any board, public corporation, commission, or similar body, in their capacity as such; (17) officers, faculty, and employees of the Board of Regents and the College of Micronesia; (18) positions specifically exempted by any other law of the Federated States of Micronesia[.]
, (19) all personnel of the National Weather Service, provided that the National Weather Service shall be administered by the Office of the President.” Section 2.

Section 509 of title 52 of the Code of the 22 Federated States of Micronesia, as amended, by Public Laws Nos.

23 10–62, 10-118, 10-151, 11-41, and 11-52, is hereby amended to 24 read as follows: 25 "Section 509.

Freeze on salary increases; compensatory time 3 of 7 C.B.

NO.
NO.

14-143 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; 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 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 4 of 7 C.B.

NO.

14-143 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 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 5 of 7 C.B.
NO.
14-143 (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 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.

(4) Notwithstanding the provisions of this section, the following employees shall be entitled to receive overtime differential as authorized under the National Public Service System Act, except that overtime compensation shall be at the rate of straight time 6 of 7 C.B.

NO.
NO.

14-143 instead of time and one-half: (a) food inspectors as designated pursuant to Title 41 of the Code of the Federated States of Micronesia; (b) officers of the Division of the National Police of the Department of Justice on occasions approved by the President.

Section 3.

This act shall become law upon approval by the 9 President of the Federated States of Micronesia or upon its 10 becoming law without such approval.
11 12 Date: 1/25/06 Introduced by: /s/ Simiram Sipenuk Simiram Sipenuk (by request) 7 of 7 C.B.

NO.

14-143 1 2 8 of 7