II

106TH CONGRESS

1ST SESSION S. 1885

To amend title 5, United States Code, to provide for more equitable policies

relating to overtime pay for Federal employees, limitations on premium

pay, and the accumulation and use of credit hours.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 9, 1999

Mr. ROBB (for himself, Mr. SARBANES, and Ms. MIKULSKI) introduced the

following bill; which was read twice and referred to the Committee on

Gvernmental Affairs

A BILL

To amend title 5, United States Code, to provide for more

equitable policies relating to overtime pay for Federal

employees, limitations on premium pay, and the accumulation and use of credit hours.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. OVERTIME PAY.

4 (a) IN GENERAL.—Section 5542(a) of title 5, United

5 States Code, is amended—

6 (1) in paragraph (1), by striking ‘‘GS–10’’ and

7 inserting ‘‘GS–12’’; and
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1 (2) by amending paragraph (2) to read as fol2 lows:

3 ‘‘(2) For an employee whose basic pay is at a

4 rate which exceeds the minimum rate of basic pay

5 for GS–12 (including any applicable locality-based

6 comparability payment under section 5304 or similar

7 provision of law and any applicable special rate of

8 pay under section 5305 or similar provision of law),

9 the overtime hourly rate of pay is an amount equal

10 to the greater of—

11 ‘‘(A) one and one-half times the minimum

12 hourly rate of basic pay for GS–12 (including

13 any applicable locality-based comparability pay14 ment under section 5304 or similar provision of

15 law and any applicable special rate of pay under

16 section 5305 or similar provision of law); or

17 ‘‘(B) the hourly rate of basic pay of the

18 employee,

19 and all that amount is premium pay.’’.

20 (b) CONFORMING AMENDMENT.—Paragraph (4) of

21 section 5542(a) of title 5, United States Code, is repealed.

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect on the first day of the first

24 pay period beginning on or after 180 days following the

25 date of enactment of this Act.
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1 SEC. 2. LIMITATION ON PREMIUM PAY.

2 (a) IN GENERAL.—Section 5547 of title 5, United

3 States Code, is amended—

4 (1) by amending subsection (a) to read as fol5 lows:

6 ‘‘(a) An employee may be paid premium pay under

7 sections 5542, 5545 (a), (b), and (c), 5545a, and 5546

8 (a) and (b) only to the extent that the payment does not

9 cause the aggregate rate of pay for any pay period for

10 such employee to exceed the lesser of—

11 ‘‘(1) 150 percent of the minimum rate of basic

12 pay payable for GS–15 (including any applicable lo13 cality-based comparability payment under section

14 5304 or similar provision of law and any applicable

15 special rate of pay under section 5305 or similar

16 provision of law); or

17 ‘‘(2) the rate payable for level V of the Execu18 tive Schedule.’’;

19 (2) by amending subsection (b)(2) to read as

20 follows:

21 ‘‘(2) Notwithstanding paragraph (1), no em22 ployee referred to in such paragraph may be paid

23 premium pay under the provisions of law cited in the

24 first sentence of subsection (a) if, or to the extent

25 that, the aggregate of the basic pay and premium
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1 pay under those provisions for such employee would,

2 in any calendar year, exceed the lesser of—

3 ‘‘(A) 150 percent of the minimum rate of

4 basic pay payable for GS–15 in effect at the

5 end of such calendar year (including any appli6 cable locality-based comparability payment

7 under section 5304 or similar provision of law

8 and any applicable special rate of pay under

9 section 5305 or similar provision of law); or

10 ‘‘(B) the rate payable for level V of the

11 Executive Schedule in effect at the end of such

12 calendar year.’’; and

13 (3) by amending subsection (c) to read as fol14 lows:

15 ‘‘(c) This section shall not apply to any employee of

16 the Federal Aviation Administration or the Department

17 of Defense who is paid premium pay under section 5546a

18 of this title.’’.

19 (b) EFFECTIVE DATE.—The amendments made by

20 subsection (a) shall take effect on the first day of the first

21 pay period beginning on or after 180 days following the

22 date of enactment of this Act.
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1 SEC. 3. ACCUMULATION AND USE OF CREDIT HOURS BY

2 MEMBERS OF THE SENIOR EXECUTIVE SERV3 ICE ON FLEXIBLE SCHEDULES.

4 Section 6126 of title 5, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(c) Any limitations (or other terms or conditions)

7 governing the accumulation or use of credit hours shall

8 apply equally to all career employees in the civil service

9 (or, if promulgated by an agency, within such agency), in10 cluding those in the Senior Executive Service or another

11 equivalent system.’’.

Æ