Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52539 

OPM disagrees with the commenters’ 

recommendations. Employees, within 

the meaning of 5 U.S.C. 5546(a), are 

entitled to Sunday premium pay when 

they work a ‘‘regularly scheduled’’ 

8 hour period of service which is not 

overtime work, a part of which falls on 

Sunday. OPM, by regulation, has 

defined ‘‘intermittent employment’’ as 

‘‘employment without a regularly 

scheduled tour of duty.’’ (See 5 CFR 

340.401(b)). Accordingly, employees 

who are correctly classified as 

intermittent employees may not receive 

Sunday premium pay because, by 

definition, they do not perform regularly 

scheduled work. 

Executive Order 13563 and Executive 

Order 12866 

The Office of Management and Budget 

has reviewed this rule in accordance 

with E.O. 13563 and 12866. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will apply only to Federal 

agencies and employees. 

List of Subjects 

5 CFR Part 532 

Administrative practice and 

procedure, Freedom of information, 

Government employees, Reporting and 

recordkeeping requirements. 

5 CFR Part 550 

Administrative practice and 

procedure, Claims, Government 

employees, Wages. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, OPM amends 5 CFR 

parts 532 and 550 as follows: 

PART 532—PREVAILING RATE 

SYSTEMS 

■ 1. The authority citation for part 532 

continues to read as follows: 

Authority: 5 U.S.C. 5343, 5346; § 532.707 

also issued under 5 U.S.C. 552. 

■ 2. Revise § 532.509 to read as follows: 

§ 532.509 Pay for Sunday work. 

A wage employee whose regular work 

schedule includes a period of service of 

up to 8 hours which is not overtime 

work, a part of which is on Sunday, is 

entitled to additional pay under the 

provisions of section 5544 of title 5, 

United States Code. 

PART 550—PAY ADMINISTRATION 

(GENERAL) 

Subpart A—Premium Pay 

■ 3. The authority citation for subpart A 

of part 550 continues to read as follows: 

Authority: 5 U.S.C. 5304 note, 5305 note, 

5504(d), 5541(2)(iv), 5545a(h)(2)(B) and (i), 

5547(b) and (c), 5548, and 6101(c); sections 

407 and 2316, Pub. L. 105–277, 112 Stat. 

2681–101 and 2681–828 (5 U.S.C. 5545a); 

E.O. 12748, 3 CFR, 1992 Comp., p. 316. 

■ 4. In § 550.103, revise the definition of 

Sunday work to read as follows: 

§ 550.103 Definitions. 

* * * * * 

Sunday work means nonovertime 

work performed by an employee during 

a regularly scheduled daily tour of duty 

when any part of that daily tour of duty 

is on a Sunday. For any such tour of 

duty, not more than 8 hours of work are 

Sunday work, unless the employee is on 

a compressed work schedule, in which 

case the entire regularly scheduled daily 

tour of duty constitutes Sunday work. 

* * * * * 

■ 5. In § 550.171, revise paragraph (a) to 

read as follows: 

§ 550.171 Authorization of pay for Sunday 

work. 

(a) An employee is entitled to pay at 

his or her rate of basic pay plus 

premium pay at a rate equal to 25 

percent of his or her rate of basic pay 

for each hour of Sunday work (as 

defined in § 550.103). 

* * * * * 

[FR Doc. 2011–21397 Filed 8–22–11; 8:45 am] 

BILLING CODE 6325–39–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 843 

RIN 3206–AM29 

Federal Employees’ Retirement 

System; Present Value Conversion 

Factors for Spouses of Deceased 

Separated Employees 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing an 

interim rule to revise the table of 

reduction factors for early commencing 

dates of survivor annuities for spouses 

of separated employees who die before 

the date on which they would be 

eligible for unreduced deferred 

annuities, and to revise the annuity 

factor for spouses of deceased 

employees who die in service when 

those spouses elect to receive the basic 

employee death benefit in 36 

installments under the Federal 

Employees’ Retirement System (FERS) 

Act of 1986. These rules are necessary 

to ensure that the tables conform to the 

economic, demographic and mortality 

assumptions adopted by the Board of 

Actuaries and published in the Federal 

Register on June 3, 2011, as required by 

5 U.S.C. 8461(i). 

DATES: This rule is effective August 23, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Roxann Johnson, (202) 606–0299. 

SUPPLEMENTARY INFORMATION: OPM has 

published a notice in the Federal 

Register at 76 FR 32242 (June 3, 2011) 

to revise the normal cost percentages 

under the Federal Employees’ 

Retirement System (FERS) Act of 1986, 

Public Law 99–335, 100 Stat. 514, as 

amended, based on economic 

assumptions, new demographic factors 

and mortality assumptions adopted by 

the Board of Actuaries of the Civil 

Service Retirement System. By statute 

under 5 U.S.C. 8461(i), the demographic 

factors, economic and mortality 

assumptions require corresponding 

changes in factors used to produce 

actuarially equivalent benefits when 

required by the FERS Act. 

Section 843.309 of title 5, Code of 

Federal Regulations, regulates the 

payment of the basic employee death 

benefit. Under 5 U.S.C. 8442(b), the 

basic employee death benefit may be 

paid as a lump sum or as an equivalent 

benefit in 36 installments. These rules 

amend 5 CFR 843.309(b)(2) to conform 

the factor used to convert the lump sum 

to 36-installment payments with the 

revised economic assumptions. 

Section 843.311 of title 5, Code of 

Federal Regulations, regulates the 

benefits for the survivors of separated 

employees under 5 U.S.C. 8442(c). This 

section provides a choice of benefits for 

eligible current and former spouses. If 

the current or former spouse is the 

person entitled to the unexpended 

balance under the order of precedence 

under 5 U.S.C. 8424, he or she may elect 

to receive the unexpended balance 

instead of an annuity. 

Alternatively, an eligible current or 

former spouse may elect to receive an 

annuity commencing on the day after 

the employee’s death or on the deceased 

separated employee’s 62nd birthday. If 

the annuity commences on the deceased 

separated employee’s 62nd birthday, the 

annuity will equal 50 percent of the 

annuity that the separated employee 

would have received had he or she 


rmajette on DSK89S0YB1PROD with RULES
52540 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 

attained age 62. If the current or former 

spouse elects the earlier commencing 

date, the annuity is reduced using the 

factors in Appendix A to subpart C of 

part 843 to make the annuity actuarially 

equivalent to the present value of the 

annuity that the spouse or former 

spouse would have received if the 

annuity had commenced on the retiree’s 

62nd birthday. These rules amend that 

appendix to conform to the revised 

economic assumptions. 

Waiver of General Notice of Proposed 

Rulemaking 

Under section 553(b)(B) and (d)(3) of 

title 5, United States Code, I find that 

good reason exists for waiving the 

general notice of proposed rulemaking 

and for making these amendments 

effective in less than 30 days. The 

amendments made by this rule are 

statutorily mandated as a result of 

changes in economic assumptions that 

were published on June 3, 2011. 

Providing a comment period on the 

result of mathematical computations 

resulting from the changed economic 

assumptions is unnecessary and, to the 

extent that it would delay benefit 

payments, is contrary to the public 

interest. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order (E.O.) 

12866, as amended by E.O. 13258 and 

E.O. 13422. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulation will only affect 

retirement payments to surviving 

current and former spouses of former 

employees and Members who separated 

from Federal service with title to a 

deferred annuity. 

List of Subjects in 5 CFR Part 843 

Air traffic controllers, Disability 

benefits, Firefighters, Government 

employees, Law enforcement officers, 

Pensions, Retirement. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

For the reasons stated in the 

preamble, the Office of Personnel 

Management amends 5 CFR part 843 as 

follows: 

PART 843—FEDERAL EMPLOYEES 

RETIREMENT SYSTEM—DEATH 

BENEFITS AND EMPLOYEE REFUNDS 

■ 1. The authority citation for part 843 

continues to read as follows: 

Authority: 5 U.S.C. 8461; §§ 843.205, 

843.208, and 843.209 also issued under 5 

U.S.C. 8424; § 843.309 also issued under 5 

U.S.C. 8442; § 843.406 also issued under 5 

U.S.C. 8441. 

Subpart C—Current and Former 

Spouse Benefits 

■ 2. In § 843.309, revise paragraph (b)(2) 

to read as follows: 

§ 843.309 Basic employee death benefit. 

* * * * * 

(b) * * * 

(2) For deaths occurring on or after 

October 1, 2004, 36 equal monthly 

installments of 3.01643 percent of the 

amount of the basic employee death 

benefit. 

* * * * * 

■ 3. Revise Appendix A to subpart C of 

part 843 to read as follows: 

Appendix A to Subpart C of Part 843— 

Present Value Conversion Factors for 

Earlier Commencing Date of Annuities 

of Current and Former Spouses of 

Diseased Separated Employees 

With at least 10 but less than 20 years of 

creditable service— 

Age of separated employee at 

birthday before death Multiplier 

26 .............................................. .0581 

27 .............................................. .0620 

28 .............................................. .0687 

29 .............................................. .0723 

30 .............................................. .0807 

31 .............................................. .0869 

32 .............................................. .0933 

33 .............................................. .1013 

34 .............................................. .1086 

35 .............................................. .1186 

36 .............................................. .1273 

37 .............................................. .1376 

38 .............................................. .1474 

39 .............................................. .1612 

40 .............................................. .1737 

41 .............................................. .1877 

42 .............................................. .2026 

43 .............................................. .2192 

44 .............................................. .2365 

45 .............................................. .2550 

46 .............................................. .2757 

47 .............................................. .2987 

48 .............................................. .3222 

49 .............................................. .3488 

50 .............................................. .3767 

51 .............................................. .4079 

52 .............................................. .4410 

53 .............................................. .4776 

54 .............................................. .5176 

55 .............................................. .5609 

56 .............................................. .6081 

Age of separated employee at 

birthday before death Multiplier 

57 .............................................. .6588 

58 .............................................. .7152 

59 .............................................. .7767 

60 .............................................. .8441 

61 .............................................. .9183 

With at least 20, but less than 30 years of 

creditable service— 

Age of separated employee at 

birthday before death Multiplier 

36 .............................................. .1516 

37 .............................................. .1636 

38 .............................................. .1756 

39 .............................................. .1915 

40 .............................................. .2066 

41 .............................................. .2233 

42 .............................................. .2410 

43 .............................................. .2606 

44 .............................................. .2811 

45 .............................................. .3032 

46 .............................................. .3279 

47 .............................................. .3549 

48 .............................................. .3829 

49 .............................................. .4143 

50 .............................................. .4475 

51 .............................................. .4843 

52 .............................................. .5235 

53 .............................................. .5669 

54 .............................................. .6139 

55 .............................................. .6652 

56 .............................................. .7208 

57 .............................................. .7811 

58 .............................................. .8476 

59 .............................................. .9203 

With at least 30 years of creditable service— 

Age of separated 

employee at birthday 

before death 

Multiplier by separated employee’s 

year of birth 

After 

1966 

From 

1950 

through 

1966 

46 .................................. .4213 .4572 

47 .................................. .4557 .4943 

48 .................................. .4918 .5335 

49 .................................. .5318 .5768 

50 .................................. .5744 .6231 

51 .................................. .6213 .6738 

52 .................................. .6714 .7282 

53 .................................. .7267 .7880 

54 .................................. .7866 .8528 

55 .................................. .8518 .9233 

56 .................................. .9227 1.0000 

[FR Doc. 2011–21396 Filed 8–22–11; 8:45 am] 

BILLING CODE 6325–38–P 


rmajette on DSK89S0YB1PROD with RULES