Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698747995069.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO.

13-155 RE: C.B.

NO.

13-122/J&GO SUBJECT: OVERTIME PAY FOR EMPLOYEES WORKING ON EMERGENCIES AND SPECIAL OPERATIONS SEPTEMBER 1, 2004 The Honorable Peter M. Christian Speaker, Thirteenth Congress Federated States of Micronesia Fifth Special Session, 2004 Dear Mr. Speaker: Your Committee on Judiciary and Governmental Operations, to which was referred C.B.

No.
No.

13-122, entitled: "A BILL FOR AN ACT TO FURTHER AMEND TITLE 52 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA, AS AMENDED, BY AMENDING SECTION 509 THEREOF TO AUTHORIZE OVERTIME COMPENSATION TO EMPLOYEES OF THE NATIONAL GOVERNMENT FOR WORK DONE DURING CERTAIN EMERGENCIES AND SPECIAL OPERATIONS, AND FOR OTHER PURPOSES.

", begs leave to report as follows: The intent and purpose of the bill are expressed in its title.
The bill, as introduced, would amend title 52 of the FSM Code, by amending Section 509 thereof to include overtime compensation to employees of the national government for work done during certain emergencies and special operations, and to limit special operations to activities approved by the President in advance as necessary for the safety, health and welfare of citizens or visitors to FSM.
During the Third Regular Session of the Thirteenth Congress, two different bills were passed to amend section 509 of title 52 of the FSM Code.

By Presidential Communication No.

13-182, the President advised that he had vetoed one of the bills--- Congressional Act No.

13-52, an act to authorize overtime compensation of employees of the National Government for work done during certain emergencies and special operations.

The President indicated that this veto was necessary in order to avoid having C.A.
No.

13-52 negate the changes made to Section 509 by the other bill passed during that session--Congressional Act No.

13-47, an act to exempt the National Weather Services employees from the Public Service System Act--which he had recently signed into law.

The President, in his veto message requested that Congress reconsider the language of Congressional STANDING COMMITTEE REPORT NO.

13-155 RE: C.B.

NO.


13-122/J&GO SUBJECT: OVERTIME PAY FOR EMPLOYEES WORKING ON EMERGENCIES AND SPECIAL OPERATIONS SEPTEMBER 1, 2004 Act No.

13-52 and incorporate its intended purposes into a new bill.

That is the intent of C.B.

No.

13-122.

Currently, the law provides overtime compensation for employees who are required to work during emergencies if the National Government would be entitled to reimbursement from another legal entity through a written agreement.
This includes reimbursement through FEMA relief programs, which is received after the FSM President and the President of the United States have both declared that a state of emergency existed in the Federated States of Micronesia.

In other bad weather conditions where FEMA does not provide relief assistance, National Government employees who are called to stand duty are not currently eligible for overtime compensation.

Instead, they are given compensatory time.


Your Committee has given serious consideration to this bill and its purpose.

We agree with the President that fair compensation should be given to employees who are called to stand duty during such emergency conditions or special operations.

We also agree that overtime compensation should not be limited to the National Police, but should also be available to other employees who are called to duty in emergency situations or special operations.

C.B.

No.
C.B.

No.

13-122 provides that overtime compensation will be at straight time.

With those arrangements, overtime costs may be contained.

The President, in his veto message, requested clarification as to the meaning of “special operations” as that term was used in C.A.

No.

13-52.

In response, C.B.

No.


13-122 defines “special operations” as being limited to activities approved by the President in advance as necessary for the safety, health and welfare of citizens or visitors to Federated States of Micronesia.

Your Committee on Judiciary and Government Operations supports the purpose and intent of C.B.

No.

13-122 and recommends its passage on First Reading, and that it be placed on the Calendar for Second and Final Reading.

J&GO -2- STANDING COMMITTEE REPORT NO.


13-155 RE: C.B.

NO.

13-122/J&GO SUBJECT: OVERTIME PAY FOR EMPLOYEES WORKING ON EMERGENCIES AND SPECIAL OPERATIONS SEPTEMBER 1, 2004 Respectfully submitted, /s/ Dohsis Halbert Dohsis Halbert, chairman /s/ Roosevelt D. Kansou Roosevelt D. Kansou, vice chairman /s/ Alik L. Alik Alik L. Alik, member /s/ Henry C. Asugar Henry C. Asugar, member Peter M. Christian, member Jack Fritz, member /s/ Ramon Peyal Ramon Peyal, member -3-