Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698747859637.pdf (Micronesia, Federated States of)
TENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 1997 CONGRESSIONAL BILL NO.

10-59, C.D.1, C.D.2 PUBLIC LAW NO.

10-062 AN ACT To further amend title 52 of the Code of the Federated States of Micronesia, as amended, by amending section 509, as enacted by Public Law No.

9-155, and to further amend section 164, as amended by Public Law No.
9-155, to allow for the payment of overtime differential under circumstances in which the National government is entitled to reimbursement under section 113 of title 50 of the Code of the Federated States of Micronesia, and for other purposes.

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

Section 509 of title 52, as enacted by Public Law No.

9-155, is hereby 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; and (2) Compensatory time, with which employees in the public service shall be credited in lieu of receiving overtime compensation as otherwise authorized under the National Public Service 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 and performs work 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 CBL 10-77 CONGRESSIONAL BILL NO.

10-59, C.D.1, C.D.2 PUBLIC LAW NO.


10-062 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.

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 time worked in the event that the National Government would be entitled to compensation for payment of such differential under section 113 of title 50."

Section 2.

Section 164 of title 52 of the Code of the Federated States of Micronesia, as amended by Public Law No.

9- 155, is hereby further amended to read as follows: "Section 164.

Differentials.
Differentials.

To compensate for unusual circumstances of employment which create hardships for public service employees, the following differentials are provided for them; provided that in no case may an employee receive differentials under both subsections (1) and (2) of this section: (1) Night work differential.
An employee whose tour of duty includes regularly scheduled hours falling between 7 p.m. and 6 a.m. shall be paid a differential of fifteen percent of the adjusted base salary for all hours falling within that period.

(2) Hazardous work differential.

An employee whose position entails unusual and extreme hazards to his health or safety shall be paid a differential of twenty-five percent of the adjusted base salary for all hours in which hazardous work is performed.

(3) Overtime differential.


If an employee is eligible to receive overtime compensation under section 509 of title 52, he shall be paid overtime compensation at the rate of time and one-half of his adjusted base salary for all time when he is directed to work and of 4 CONGRESSIONAL BILL NO.

10-59, C.D.1, C.D.2 PUBLIC LAW NO.


10-062 does work in excess of eight hours in one day; or when he is directed to work and does work on the sixth or seventh day of the work week; provided that he has first worked forty hours at straight time in the same work week; and provided further, that overtime work performed on a holiday shall be subject to subsection (4) of this section.

(4) Holiday differential.


An employee who is required to work on a legal holiday shall be compensated at double his adjusted base salary for all such hours worked.

(5) Typhoon emergency differential.


Employees who are required to work in a location and a period in which a typhoon or other natural catastrophe has been declared by competent authority, and in which other Government employees are released from work because of such conditions, shall be compensated for the hours worked while such emergency remains in force at the rate of two and one-half times the adjusted base salary.
The differential provided in this subsection shall not limit the employee's right to any other differential or allowance to which he may otherwise be entitled by law or regulations."

Section 3.

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

December 23 , 1997 /s/ Jacob Nena Jacob Nena President Federated States of Micronesia of 4