Regulations

36763



Rules and Regulations Federal Register

Vol. 64, No. 130



Thursday, July 8, 1999







This section of the FEDERAL REGISTER period), he or she must refund the agency-specific policies. A summary of

contains regulatory documents having general portion of the lump-sum payment that the comments received and the changes

applicability and legal effect, most of which represents the period between the date made in the regulations is presented

are keyed to and codified in the Code of of reemployment and the expiration of below.

Federal Regulations, which is published under the lump-sum period. An agency must

50 titles pursuant to 44 U.S.C. 1510. Employees Eligible for a Lump-Sum

recredit to the employee an amount of

Payment

The Code of Federal Regulations is sold by annual leave equal to the days or hours

the Superintendent of Documents. Prices of of work remaining between the date of The proposed regulations stated that

new books are listed in the first FEDERAL reemployment and the expiration of the an agency must not make a lump-sum

REGISTER issue of each week. lump-sum leave period. payment for accumulated or accrued

OPM acknowledges that some of these annual leave to an employee whom the

regulatory provisions involve items not agency determines to be in a continuing

OFFICE OF PERSONNEL expressly provided for by statute. employment program under which the

MANAGEMENT However, OPM would emphasize in this employee is required to work a mixed

regard that an administrative agency tour of duty (i.e., the employee works

5 CFR Parts 531, 550, and 591 may determine matters within its full-time or part-time for a limited

RIN 3206–AF38 expertise that have not been specifically portion of the year and intermittently

addressed by statute. Indeed, for the remainder). Since an employee

Pay Administration (General); Lump- administrative agencies formulate working intermittent duty cannot accrue

Sum Payments for Annual Leave policy and make appropriate rules as or use leave, the proposed regulations

needed to carry out their regulatory required the agency to hold any accrued

AGENCY: Office of Personnel

responsibilities consistent with leave in abeyance during the time the

Management.

statutory authority. See Chevron U.S.A. employee is working intermittent duty

ACTION: Final regulation. v. Natural Resources Defense Council, and to recredit the annual leave when

467 U.S. 837, 843 (1984) and United the employee returns without a break in

SUMMARY: The Office of Personnel

States v. Grimaud, 220 U.S. 506, 517 service to full-time or part-time

Management is issuing final regulations

(1911), as cited in Davis, K., employment. In addition, the proposed

to establish a uniform Governmentwide

Administrative Law Treatise, Third regulations required the agency to hold

policy for calculating lump-sum

Edition, § 2.6, pp. 70–71. The in abeyance any of the employee’s

payments for accumulated and accrued

construction of a statute by those fractional pay periods for leave accrual

annual leave for employees who

charged with its administration is purposes and recredit the pro-rata leave

separate from the Federal service.

entitled to great deference, particularly as provided in § 630.204 when the

EFFECTIVE DATE: September 7, 1999. employee returns to full-time or part-

when that interpretation has been

FOR FURTHER INFORMATION CONTACT: followed over a long period of time. time employment.

Brenda Roberts, (202) 606–2858, FAX United States v. Clark, 454 U.S. 555, 565 One agency recommended that the

(202) 606–0824, or email to (1982) and Rosete v. OPM, 48 F.3d 514, final regulations allow each agency the

payleave@opm.gov. 518-519 (Fed. Cir. 1995). discretion to determine whether to pay

SUPPLEMENTARY INFORMATION: The On July 29, 1997, OPM published a lump-sum payment for annual leave

Technical and Miscellaneous Civil proposed regulations (62 FR 40475) to when an employee changes to

Service Amendments Act of 1992 (Pub. establish a Governmentwide policy for intermittent duty or to hold the

L. 102–378, October 2, 1992) added calculating lump-sum payments for employee’s accrued annual leave in

section 5553 to title 5, United States accumulated and accrued annual leave abeyance until he or she returns to a

Code, to give the Office of Personnel for employees who separate from part-time or full-time position. The

Management (OPM) regulatory authority Federal service. OPM received agency disagrees with the proposed

for the administration of lump-sum comments from 7 agencies, 1 labor regulations and believes that requiring

payments for accumulated and accrued organization, 1 employee association, an agency to hold leave in abeyance

annual leave. Under 5 U.S.C. 5551 and and 4 individuals, for a total of 13 results in additional leave being

5552, an agency must make a lump-sum comments. The majority of the agencies available for use during periods of part-

payment for annual leave when an and the labor organization agreed that time and full-time employment when

employee separates from the Federal regulations are needed to provide the agency needs its employees at work

service or enters on active duty in the consistency throughout the Federal the most. The agency believes mission

armed forces and elects to receive a Government. The labor organization requirements, staffing needs, and

lump-sum payment. The lump-sum stated that the development of one set sources of available funds vary greatly

payment must equal the pay the of rules will ensure that employees are from one organization to another and

employee would have received had he aware of the lump-sum payment policy that applying the same rule universally

or she remained employed until and are familiar with their rights to may have a negative financial impact on

expiration of the period of annual leave. receive payment for unused annual one or more agencies or organizations.

Section 6306 of title 5, United States leave when they separate from the In addition, the agency stated that the

Code, provides that when an employee Federal service. The labor organization proposed rule would eliminate the

is reemployed in the Federal service further stated that the adoption of one financial cushion (i.e., lump-sum

prior to the expiration of the period of Governmentwide policy eliminates payment) that many employees working

annual leave (i.e., the lump-sum leave inequities that necessarily result from mixed tours of duty have become

36764 Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations



accustomed to receiving during non- Personnel Management Service, Field losing agency must make a lump-sum

work periods. Advisory Services, 1400 Key Boulevard, payment under § 550.1205 for the

Another agency commented on the Arlington, VA 22209–5144 (telephone: amount of annual leave that cannot be

administrative burden of paying lump- (703) 696–6301). transferred to the gaining agency. This

sum payments during short periods of The proposed regulations stated that does not apply to an employee

intermittent work. The agency requested when an employee enters active duty, transferring to an excepted position

approval to hold accrued annual leave any annual leave previously restored under 5 U.S.C. 6301(2)(x)–(xiii), (e.g., a

in abeyance so that an employee would under 5 U.S.C. 6304(d) may not remain member of the Senior Executive Service

have annual leave available at the to the employee’s credit and may be who accepts a Presidential

beginning of his or her part-time or full- paid in a lump-sum payment. An appointment).

time employment. Under this approach, agency commented that this statement is Under the proposed regulations, an

an employee also would not lose any confusing, since 5 U.S.C. 6304(d)(2) employee who was concurrently

fractional hours of creditable service for requires an agency to make a lump-sum employed in more than one part-time

purposes of leave accrual when the payment for restored annual leave when position in more than one agency, and

employee’s tour changes to intermittent. an employee enters on active duty. We who separated from one of the part-time

Upon further review, we believe it agree and have revised § 550.1203(c) of positions, would have had the annual

would be in the best interest of the the final regulations to require an leave that accrued in the agency from

Government to permit more flexibility. agency to make a lump-sum payment for which he or she separated transferred to

Therefore, § 550.1203(i) of the final any annual leave previously restored the current employing agency. An

regulations permits each agency to under 5 U.S.C. 6304(d) when an agency recommended that the agency

prescribe its own policy for paying employee enters active duty. The agency pay a lump-sum payment to an

lump-sum payments for employees on may not recredit the restored leave employee who separates from any of the

mixed tours of duty. Each agency’s when the employee returns to Federal part-time appointments. The agency

policy must ensure that employees are service. believes the annual leave should not be

treated in a fair and equitable manner. transferred because (1) such transfer

In developing its policy, we encourage Employees Not Eligible for a Lump-Sum

would place a financial burden on the

each agency to consider the likelihood Payment

gaining agency in terms of a future

that an employee will return to work, as Under the proposed regulations, if an lump-sum payment if the employee

well as the agency’s mission employee transfers to a position that is later separates from Federal service, (2)

requirements and staffing needs. not covered by subchapter I of chapter the employee would receive an

An agency requested clarification as 63 of title 5, United States Code (e.g., a unintended increase or loss in the value

to whether an employee on a mixed tour position in the U.S. Postal Service), and of annual leave if the multiple part-time

of duty is entitled to continue to accrue only a portion of his or her accumulated appointments are at different grades or

leave on a prorated basis during periods and accrued annual leave may be levels, and (3) the employee may be

of intermittent employment. If an transferred, the losing agency would absent for extended periods in the

employee is assigned intermittent duty hold in abeyance the annual leave that gaining agency and/or may be forced to

and does not have an established regular could not be transferred. The agency forfeit annual leave in excess of the

tour of duty each week, he or she cannot would then recredit the annual leave maximum annual leave limitation.

accrue or use leave during the that had been held in abeyance once the We agree that these are all important

intermittent period. (See 5 U.S.C. employee is reemployed without a break factors for employees to consider when

6301(2).) in service in a position to which his or separating from a part-time position.

A commenter requested clarification her accumulated and accrued annual However, the law provides that an

about entitlement to a lump-sum leave may be transferred. An agency employee is entitled to a lump-sum

payment when an employee who had suggested that OPM seek a statutory payment only when he or she separates

annual leave restored under 5 U.S.C. change in 5 U.S.C. 5551 to allow for the from Federal service (or goes on military

6304(d)(3) transfers to a component of immediate lump-sum payment of any duty) or when unused annual leave

the Department of Defense (DOD) that is annual leave in excess of the amount cannot be transferred or credited at a

not undergoing closure or realignment. accepted by the gaining agency (e.g., the gaining agency. Since an employee who

Section 1611 of Pub. L. 104–201 U.S. Postal Service). The agency is employed in a second part-time

(September 23, 1996), added paragraph believes this change would preclude the position is not separated from Federal

(c) to 5 U.S.C. 5551 to require DOD to need for establishing and tracking a service and could have his or her

pay a lump-sum payment to an separate leave account for non- accumulated annual leave transferred to

employee for any unused annual leave transferrable leave and result in quicker a gaining agency, he or she is not

that was restored under 5 U.S.C. settlement of the matter for the entitled to a lump-sum payment.

6304(d)(3) when the employee (1) employee. The agency stated that this Therefore, OPM made no changes in

transfers to a position in any other change would, in effect, be identical to § 550.1203(h)(4) of the final regulations.

department or agency of the Federal the lump-sum payment provisions in 5

Government or (2) moves to a position U.S.C. 5551(c) for employees affected by Projecting the Lump-Sum Leave Period

within DOD not located at an base realignment or closure (Pub. L. An agency asked whether ‘‘use or

installation undergoing closure or 104–201). lose’’ or restored annual leave should be

realignment. The entitlement to a lump- We agree with the substance of the included in the projected lump-sum

sum payment for affected DOD agency’s recommendation, but have leave period if the leave is scheduled to

employees became effective on determined that this can be be forfeited within a few days after

September 23, 1996, and applies only to accomplished by regulation rather than separation. The answer is yes. Under 5

employees transferring from a DOD legislation. Therefore, § 550.1203(f) of U.S.C. 5551, an employee is entitled to

component undergoing closure or the final regulations provides that when receive a lump-sum payment for

realignment at the time of transfer. an employee transfers to a position that accumulated and currently accrued

Further questions on this provision is not covered by subchapter I of chapter annual leave to which an employee is

should be directed to DOD’s Civilian 63 of title 5, United States Code, the entitled by statute on the date of

Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations 36765



separation. This includes all ‘‘use or recommended that OPM consistently For an employee on an uncommon

lose’’ and restored annual leave to the use the phrase ‘‘immediately prior to the tour of duty (as defined in § 630.201), an

employee’s credit on the date of date the employee becomes/became agency may choose to calculate the

separation. Annual leave that has not eligible for a lump-sum payment under lump-sum payment based on the

yet been forfeited must be included in § 550.1203’’ throughout the regulations. applicable weekly rate and convert the

a lump-sum payment. The agency believes this change would annual leave balance to a 40-hour

The proposed regulations required an eliminate any confusion and ensure workweek basis. For example, to

agency to project the lump-sum leave coverage of all intended employees, determine the number of weeks to use

period so that annual leave restored including those who choose to receive in computing a lump-sum payment for

under 5 U.S.C. 6304(d) in a separate a lump-sum payment upon entering an employee who normally works an

leave account must be used before using active duty in the armed forces. We uncommon tour of duty of 72 hours

any accumulated annual leave in the agree and have modified the final each week, the agency may convert the

employee’s regular annual leave regulations as suggested. employee’s annual leave balance from a

account. This was done so that if an 72-hour workweek basis to a 40-hour

employee returned to Federal service Calculating the Lump-Sum Payment

workweek basis by multiplying the total

prior to the expiration of the lump-sum Under 5 U.S.C. 5551, a lump-sum hours of annual leave by the fraction 40/

leave period, the restored annual leave payment must equal the pay an 72 and dividing the result by 40.

would have already been used and employee would have received had he The proposed regulations listed the

would not be recredited to the or she remained in Federal service until types of basic pay that must be included

employee. We have revised the expiration of the period of annual leave in a lump-sum payment. An agency

proposed regulations on recrediting (excluding any differential under suggested that OPM include a retained

annual leave so that there is no longer section 5925 and any allowance under rate authorized under 5 U.S.C. 5363 and

any requirement to identify restored section 5928). The term ‘‘pay’’ is not 5 CFR part 536, subpart B, in the list.

annual leave and recredit it upon further defined in law. In the final We agree and have added a retained rate

reemployment. Therefore, § 550.1204(c) regulations, we have interpreted this of pay to the list in § 550.1205(b)(1)(i).

of the final regulations does not require term to mean the pay the employee In addition, we have added supervisory

agencies to project the lump-sum leave would have received on a biweekly differentials paid under 5 U.S.C. 5755 to

period so that restored annual leave is basis had he or she remained in Federal the list of the types of pay to be

used before using regular annual leave. service on annual leave. For example, included in a lump-sum payment, since

Section 550.1204(a) of the final an employee’s rate of basic pay, any an employee who was receiving such a

regulations states that the period of applicable locality payment, and differential would have received

leave used for calculating the lump-sum availability pay for law enforcement supervisory differential payments on a

payment may not be extended by officers (where applicable) are included biweekly basis had he or she remained

compensatory time off earned under 5 in a lump-sum payment, while in Federal service on annual leave. (See

U.S.C. 5543 and §§ 550.114(d) or hazardous duty pay, environmental § 550.1205(b)(7).)

551.531 or by credit hours accumulated differentials, and Sunday premium pay

under an alternative work schedule are excluded. Also excluded are General Pay Adjustments

under 5 U.S.C. 6126. The employee allowances that are paid in addition to The proposed regulations stated that

association expressed concern that a rate of basic pay for the sole purpose in the case of a Federal Wage System

agencies may misinterpret this of encouraging an employee to remain (FWS) employee, a lump-sum payment

regulation to mean that they do not have in Government service, such as must include the rate of pay established

to pay a separating employee for any retention allowances and physicians under 5 U.S.C. 5343. In addition, such

earned compensatory time off or credit comparability allowances. an employee would receive any

hours. Section 550.1204(a) merely Under § 550.1205(a) of the final applicable adjustments in prevailing

ensures that compensatory time off and regulations, an agency calculates a rates that become effective during the

credit hours, which are not types of lump-sum payment by multiplying the lump-sum leave period if the employee

leave under chapter 63 of title 5, United number of hours of accumulated and separated after issuance of an official

States Code, are not identified and accrued annual leave by the employee’s order to conduct a wage survey for his

included in the calculation of a lump- applicable hourly rate of pay, including or her applicable wage area. The lump-

sum payment for annual leave. Since the types of pay listed in § 550.1205(b). sum payment would be adjusted to

agencies are responsible for ensuring An algebraically equivalent method that reflect the increased prevailing rate

that compensatory time off and credit an agency may also use is to multiply beginning on the effective date of the

hours (credit hours not in excess of 24 the weeks of annual leave by the rate adjustment. Since a prevailing rate

hours) remaining to an employee’s employee’s applicable weekly rate of employee who separated from Federal

credit at the time of separation are paid pay. service prior to the issuance of an

separately as part of a final salary One agency believes the phrase official order to conduct a wage survey

payment under existing law and ‘‘including types of pay’’ could be in his or her applicable wage area would

regulations, we do not believe any misconstrued and recommended it be not be entitled to the FWS pay

change is necessary. (See §§ 550.114(d) changed to ‘‘plus other applicable types adjustment in that wage area for that

and 551.531(d) and 5 U.S.C. 6126.) of pay’’ so as to limit the additional year, we proposed that the FWS pay

types of pay to those applicable to the adjustment should not be included in

Pay Received Prior to Separation employee. To clarify our intent, we have the employee’s lump-sum payment for

Throughout the regulations, we use revised § 550.1205(a) to state that a annual leave.

the phrases ‘‘immediately prior to lump-sum payment must be calculated An agency recommended that

separation, death, or transfer’’ and by multiplying the number of hours of prevailing rate employees be treated the

‘‘immediately prior to the date the accumulated and accrued annual leave same as General Schedule employees

employee becomes/became eligible for a by the applicable hourly rate of pay, under § 550.1205(b)(2). Only those pay

lump-sum payment under § 550.1203’’ including other applicable types of pay adjustments approved before the date of

interchangeably. An agency listed in § 550.1205(b). separation must be included in a lump-

36766 Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations



sum payment. The agency noted that differential for a prevailing rate include night pay for GS employees

because FWS surveys are ordered 9 employee is considered part of basic pay among the types of pay that must be

weeks before the survey results take and is included in all regularly included in a lump-sum payment.

effect, the agency would have to scheduled nonovertime periods of night

Sunday Premium Pay

establish temporary payroll files shift duty, including periods of paid

whenever a retroactive recomputation of leave. The language in OPM’s proposed The proposed regulations provided

a lump-sum payment would be regulations was adopted from the that a lump-sum payment includes

necessary. Federal Wage System (FWS) Operating Sunday premium pay for nonovertime

We agree that the proposed Manual. The FWS Operating Manual hours on Sunday based on the average

regulations were unnecessarily comprises long-standing policies, amount of Sunday premium pay

complicated with respect to inclusion of practices, and recommendations received by the employee during the 12

pay adjustments after separation and adopted by the Federal Prevailing Rate workweeks immediately prior to the

would have caused administrative Advisory Committee, a labor and date the employee became eligible for a

burdens for the agencies, including the management committee that reports to lump-sum payment. An agency

need for additional individual the Director of OPM. The FWS recommended that Sunday premium

calculations of lump-sum payments. Operating Manual states that a night pay be excluded from a lump-sum

Because of the concerns we received shift differential is included in a lump- payment because it is not considered

from agencies about the complexity in sum payment and is paid at the part of basic pay for retirement

determining an employee’s entitlement percentage rate received by the purposes. Two agencies recommended

to a pay adjustment in his or her lump- employee for the last full workweek that the amount of Sunday premium pay

sum payment after the employee immediately prior to separation. included in a lump-sum payment be

separates from Federal service, we have Therefore, OPM made no changes in based solely on the employee’s

simplified the final regulations. Section § 550.1205(b)(5)(i). workweek immediately prior to

550.1205(b)(2) and (3) provide that The proposed regulations provided eligibility for a lump-sum payment.

lump-sum payments for all covered that a lump-sum payment includes Another agency added that if OPM

Federal employees must include any night pay under 5 U.S.C. 5545 for wishes to use an average amount

general pay adjustment and locality pay regularly scheduled nonovertime hours received during a 12-week period, the

adjustment that becomes effective based on the average amount of night computation should be based on the

during the employee’s lump-sum leave pay received by a General Schedule (GS) average number of hours worked on

period. The lump-sum leave period is employee during the 12 workweeks Sunday rather than on the amount of

the employee’s annual leave projected immediately prior to the date the Sunday premium pay received. The

forward for all workdays the employee employee becomes eligible for a lump- agency noted that the actual amount of

would have worked if he or she had sum payment. Two agencies objected to Sunday premium pay received during

remained in Federal service, including including night pay in a lump-sum an earlier work period could have been

holidays (even though they are typically payment, since night pay is not paid at a lower rate if, for example, an

nonworkdays) as required by 5 U.S.C. considered part of basic pay for GS employee received a within-grade

5551(a), until the expiration of the employees. In addition, the agencies increase or promotion during the latter

employee’s accumulated and accrued noted that 5 U.S.C. 5545(a)(2) prohibits part of the 12-week period.

annual leave. The lump-sum payment the payment of night pay for any hours Section 636 of the Treasury and

will be adjusted to reflect the increased of leave between 6 a.m. and 6 p.m. General Government Appropriations

rate on and after the effective date of the whenever the total amount of leave in Act, 1998 (Pub. L. 105–61, October 10,

pay schedule adjustment. We do not the pay period equals or exceeds 8 1997), permanently restricts the

believe these changes to simplify the hours. The agencies believe the payment of Sunday premium pay for all

calculation of lump-sum payments will proposed regulations would result in an employees Governmentwide who are

significantly increase costs for Federal employee receiving more than he or she paid from appropriated funds and who

agencies, since many employees would have received had he or she do not actually perform work on

separate after the official approval or remained in Federal service. One agency Sunday. In addition, section 624 of the

authorization of a pay adjustment and/ objected to the requirement for 12-week Treasury and General Government

or do not have large amounts of averaging, since such a requirement Appropriations Act, 1999 (Pub. L. 105–

accumulated and accrued annual leave would force timekeepers to compute an 277, October 21, 1998), expanded the

that extend beyond the effective date of average amount of night pay manually. permanent restriction on the payment of

a pay adjustment. The same agency recommended that Sunday premium pay to cover

OPM treat night pay for GS employees employees who are paid from any Act

Night Differential and Night Pay

the same as night differentials for (including payments from revolving

Under § 550.1205(b)(5)(i) of the final prevailing rate employees by calculating funds). Consistent with these laws, we

regulations, a lump-sum payment the amount of night pay to be included removed Sunday premium pay from the

includes a night differential under 5 in a lump-sum payment based on the types of pay that must be included in a

U.S.C. 5343(f) for regularly scheduled rate the employee received for regularly lump-sum payment.

nonovertime hours at the percentage scheduled nonovertime hours in the

rate received by a prevailing rate Overtime Pay

workweek immediately prior to

employee for the last full workweek becoming eligible for a lump-sum Under the proposed regulations, a

immediately prior to the date the payment. lump-sum payment included overtime

employee becomes eligible for a lump- We agree that night pay is not part of pay under the Fair Labor Standards Act

sum payment. An agency recommended basic pay for GS employees and that the of 1938, as amended (FLSA), for

that the night differential be based on proposed regulations would have overtime work that is regularly

the average received during a 12-week provided such employees with a greater scheduled during an employee’s

period, since a single week could reflect benefit than they would have received established uncommon tour of duty (as

an unusual or anomalous situation. if they had remained in Federal service. defined in § 630.201 and established

Under 5 U.S.C. 5343(f), a night Therefore, the final regulations do not under § 630.210) for which the

Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations 36767



employee receives standby duty pay per week (or 106 hours biweekly). (See payment should reflect the amount the

under 5 U.S.C. 5545(c)(1) if the section 628 of the Treasury and General employee would have received had he

uncommon tour of duty was applicable Government Appropriations Act, 1999, or she remained employed in the

to the employee immediately prior to as incorporated in Division A, section Federal service. In addition, it is not our

the date the employee became eligible 101(h) of Pub. L. 105–277, October 21, intent to require agencies to establish

for a lump-sum payment. The lump-sum 1998.) The new law eliminates the use new methodologies for calculating

payment included the amount of FLSA of standby duty pay for firefighters and overtime pay for lump-sum payment

overtime pay for regularly scheduled provides that firefighters are paid solely purposes. Therefore, in response to

overtime work ordered or approved at on an hourly rate basis using a special agency comments that overtime pay in

the time the employee became eligible ‘‘firefighter hourly rate.’’ Both FLSA- a lump-sum payment for firefighters

for a lump-sum payment. (This covered (nonexempt) and FLSA-exempt should be limited to the normal amount

provision applied to most firefighters firefighters will receive time-and-one- of overtime work performed in each pay

and some emergency medical half overtime pay for all overtime period—i.e., after meeting the overtime

technicians.) hours—i.e., hours in excess of 53 hours weekly standard of 53 hours (or 106

On June 18, 1997, OPM issued an per week (or 106 hours biweekly). hours biweekly), we have added a

Interagency Advisory Group On November 23, 1998, OPM issued sentence to §§ 550.1205(b)(5)(iv) and

Memorandum that encouraged agencies interim regulations (63 FR 64589) that 550.1205(b)(6) of the final regulations to

to include in a lump-sum payment all included a revised definition of state that a lump-sum payment must be

FLSA overtime pay for overtime hours ‘‘uncommon tour of duty’’ in calculated using the same methodology

that are regularly scheduled during an § 630.201(b)(2) to incorporate a used by the employing agency to

employee’s established uncommon tour reference to firefighters compensated calculate the firefighter’s entitlement to

of duty if the uncommon tour of duty under the new law. Also, a new regular overtime pay for the pay period

was in effect for the employee paragraph (c) was added to § 630.210 to immediately prior to the date the

immediately prior to the date the require that agencies establish an firefighter became eligible for a lump-

employee became eligible for a lump- uncommon tour of duty for leave sum payment. Therefore, if an agency

sum payment under § 550.1203. OPM purposes for firefighters with regular calculates overtime on a biweekly basis,

based this advice on the results of two tours of duty that generally consist of

the amount of overtime pay to be

lawsuits—James Calhoun v. The United 24-hour shifts. An agency may also

included in a lump-sum payment will

States (Fed. Cl. No. 95–840C, December establish an uncommon tour of duty

be determined after the employee meets

21, 1995) and Theodore Abbott, et al., v. under § 630.210(a) for leave purposes

the overtime standard of 106 hours each

The United States (Fed. Cl. No. 90– for firefighters with a regular tour of

biweekly pay period. If an agency

756C, January 31, 1994 ). In these cases, duty that includes a basic 40-hour

calculates overtime pay on a weekly

the Federal Government conceded that workweek, plus regularly scheduled

basis, the amount of overtime pay to be

FLSA overtime pay for regularly overtime hours. Existing regulations

included in a lump-sum payment will

scheduled overtime hours that occur (§ 550.1306(c)) require that in

be determined after the employee meets

during an uncommon tour of duty must computing a lump-sum payment for

the overtime standard of 53 hours each

be included in an employee’s lump-sum firefighters with an uncommon tour of

week.

payment for accumulated and accrued duty established under § 630.210 for

annual leave under 5 U.S.C. 5551. leave purposes, an agency must use the Sample Calculation

Two agencies disagreed with the rates of pay for the position held by the

inclusion of FLSA overtime pay in a firefighter that apply to hours in that The following example shows how an

lump-sum payment. One suggested that uncommon tour of duty, including agency should calculate the overtime

hours of work that are used for the regular overtime pay for such hours. pay component of a lump-sum payment

purpose of determining entitlement to As a result of these changes, a new for a firefighter with an uncommon tour

FLSA overtime pay should not be used paragraph (iv) has been added to of duty established under § 630.210(c).

for determining entitlement to other § 550.1205(b)(5) of the final regulations In the example, a firefighter who

payments under title 5, United States to provide that overtime pay for normally works 144 hours each pay

Code. The other agency believes such overtime hours within a firefighter’s period (three 24-hour tours of duty in

inclusion would be contrary to the regular tour of duty is used in each administrative workweek)

intent of Congress’ prohibition on the computing a lump-sum payment for separates at the end of a pay period with

payment of premium pay during periods annual leave, since those overtime 400 hours of accumulated and accrued

of paid leave. An employee association hours are part of an uncommon tour of annual leave. The firefighter receives a

agreed with the inclusion of FLSA duty established under § 630.210 for ‘‘firefighter hourly rate’’ (as established

overtime pay, but suggested that the leave purposes. Section 550.1205(b)(6) in 5 CFR 550.1303) for all 400 hours of

amount be based on the average number continues to apply to an employee who annual leave, plus 1⁄2 of the ‘‘firefighter

of hours worked during the preceding receives FLSA overtime pay for hourly rate’’ for all overtime hours in

12 weeks. overtime work that is regularly the employee’s uncommon tour of duty.

On October 21, 1998, legislation was scheduled during an established The agency determines the firefighter’s

enacted that changes the method of uncommon tour of duty as defined in entitlement to overtime pay based on a

computing basic pay, overtime pay, and § 630.201(b)(1), for which the employee 106-hour biweekly overtime standard.

other entitlements for Federal receives standby duty pay under 5 Thus, in each full 144-hour biweekly

firefighters who are classified in the GS– U.S.C. 5545(c)(1) (e.g., emergency pay period, the firefighter is entitled to

081 classification series (Fire Protection medical technicians). overtime pay for 38 regularly scheduled

and Prevention) and who have regular We believe the amount of overtime overtime hours (144 ¥ 106 = 38) within

tours of duty averaging at least 53 hours pay to be included in a lump-sum his or her uncommon tour of duty.

36768 Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations



EXAMPLE OF LUMP-SUM PAYMENT FOR A FIREFIGHTER

Projecting the lump-sum Pay Period 1=144 hours ... Pay Period 2=144 hours ... Pay Period 3=112 hours ... Total=400 hours of annual

leave period for 400 Annual leave remaining: Annual leave remaining: Annual leave remaining: ... leave.

hours of annual leave. 256 hours. 112 hours. 0 hours ..........................

(400–144=256) .................. (256–144=112) .................. (112–112=0)

Firefighter hourly rate ........ 144 hours .......................... 144 hours .......................... 112 hours .......................... 400 hours.

Firefighter overtime rate .... 38 hours ............................ 38 hours ............................ 6 hours .............................. 82 hours.







Although each agency has the right to United States to the credit of the recredit to the reemployed annuitant an

establish the work schedules of its employing agency. amount of leave equal to the leave

employees, this authority may not be In the final regulations, § 550.1206(a) represented by the refund, and the

used to change an employee’s work states that an agency may permit an employee may use the recredited leave

schedule just prior to separation or employee to refund a lump-sum during the temporary appointment. We

retirement for the sole purpose of payment for annual leave in added a new paragraph (e) to § 550.1206

circumventing OPM’s regulation installments. If an agency permits the of the final regulations to reflect these

requiring agencies to include FLSA lump-sum to be paid in installments, outcomes, which are required by law.

overtime pay in a lump-sum payment. the employee must pay the refund in

full within 1 year after the date of Recredit of Annual Leave

We have added a provision to

§§ 550.1205(b)(5)(iv) and 550.1205(b)(6) reemployment. A component of an The final regulations include a new

to prevent such an outcome. agency recommended that the agency § 550.1207, Recredit of Annual Leave.

require a full refund of a lump-sum Paragraphs (b), (c), (d), (g) and (h) of

Air Traffic Controllers payment before an employee returns to § 550.1206 of the proposed regulations

the Federal Government. The were moved to the new § 550.1207 and

An employee recommended that OPM

component further advised that if this renumbered.

include the ‘‘5 percent operational An agency requested clarification of

differential’’ or ‘‘controller pay’’ for cannot be implemented, employees

should be required to sign an the proposed regulations, which

Federal Aviation Authority Air Traffic provided that if any part of a lump-sum

Controllers in the calculation of lump- installment agreement before entering

on duty. OPM’s regulations at refund reflects annual leave restored

sum payments. Pub. L. 104–50 under 5 U.S.C. 6304(d), the annual leave

(November 15, 1995), authorized the § 550.1206(a) provide agencies with

discretionary authority to establish a must be restored in a separate account

Administrator of the Federal Aviation using the expiration date originally

policy for refunding lump-sum

Administration (FAA) to develop and established for using the restored annual

payments for annual leave. The only

implement a personnel management leave. If the expiration date originally

restriction is that the lump-sum refund

system that addresses the unique established for using the restored annual

must be paid in full within 1 year after

demands on that agency’s workforce. leave occurs before the date of

the date of reemployment. Agencies

The compensation provisions in title 5, reemployment, a refund is required for

may establish internal policies to

United States Code, no longer apply to all of the unexpired portion, but none of

require an employee to sign an

FAA employees, and OPM has no the restored annual leave may be

installment agreement for refunding a

authority to prescribe regulations for recredited. The agency does not believe

lump-sum payment. In addition, we

lump-sum payments to FAA employees. this is the intent of the law. Another

have added a statement that an agency

Refund of a Lump-Sum Payment may not waive the refund of a lump- agency asked whether a refund must

sum payment. reflect all remaining annual leave,

Under 5 U.S.C. 6306, when an We recently received inquiries about including ‘‘use or lose’’ annual leave,

employee who receives a lump-sum whether a refund for a lump-sum and whether the ‘‘use or lose’’ annual

payment for accumulated and accrued payment is required from a retired leave should be recredited to the

annual leave under 5 U.S.C. 5551 is Federal employee who is reemployed employee’s leave account. A third

reemployed in the Federal service prior under a temporary appointment of less agency recommended that an employee

to the end of the period covered by the than 90 days. If an employee retires should not be required to pay back any

lump-sum payment, the employee must from the Federal Government and is portion of a lump-sum payment that

refund to the employing agency an immediately reemployed on the next reflects leave that cannot be recredited

amount equal to the payment covering work day, he or she is not entitled to a to the employee’s leave account.

the period between the date of lump-sum payment because this is not OPM’s proposed regulations were

reemployment and the expiration of the a separation from Federal service. intended to ensure that an employee’s

lump-sum period. This rule applies However, if an employee retires from leave would be treated the same upon

whether an employee is reemployed in the Federal Government and has a break reemployment as it would have been

a position covered by chapter 63 of title in service of 1 or more workdays, he or treated had the employee remained

5, United States Code, or under a she is entitled to a lump-sum payment. employed. Restored annual leave and

different formal leave system. The If an annuitant is reemployed in the leave in excess of the maximum

refund is based on the pay used to Federal Government prior to the limitation in 5 U.S.C. 6304(b) would be

compute the lump-sum payment; e.g., expiration of the lump-sum period in a subject to forfeiture if the employee did

an employee who received a lump-sum temporary appointment of less than 90 not use the leave within the time

payment based on the pay for a GS–11 days, he or she must refund to the periods prescribed. However, when an

position must refund the lump-sum employing agency an amount equal to employee who receives a lump-sum

payment based on the same GS–11 pay, the pay covering the period between the payment for accumulated and accrued

even if he or she is reemployed at a date of reemployment and the annual leave under 5 U.S.C. 5551 is

lower or higher grade level. The refund expiration of the lump-sum period. In reemployed in the Federal service prior

is deposited in the Treasury of the addition, the reemploying agency must to the end of the period covered by the

Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations 36769



lump-sum payment, the employee must prior to the expiration of the lump-sum be recredited was in excess of the

refund to the employing agency an leave period. In addition, we have maximum annual leave limitation for

amount equal to the payment covering revised § 550.1207(a)(3) to provide that the position in which reemployed and

the period between the date of an agency will not recredit restored the employee was subject to a higher

reemployment and expiration of the annual leave to an employee if the maximum annual leave limitation in the

projected lump-sum period. (See 5 employee is reemployed prior to the former position. Therefore, it would be

U.S.C. 6306.) In addition, an amount of expiration of the lump-sum leave impossible to set the employee’s

annual leave equal to the days or hours period. maximum annual leave limitation below

of work remaining between the date of The proposed regulations provided the 240-hour maximum limitation

reemployment and the expiration of the that if annual leave recredited to an established by 5 U.S.C. 6304(a). If the

lump-sum leave period must be employee is in excess of the maximum amount of annual leave the agency is to

recredited to the employee by the annual leave limitation established recredit is less than or equal to the

employing agency. under 5 U.S.C. 6304(a), (b), (c), or (f), as maximum annual leave limitation for

Thus, both the lump-sum refund and appropriate, for the position in which the position in which the employee is

the recredit of annual leave are based on reemployed, and the employee was reemployed, § 550.1207(b) of the final

the date of reemployment and the end subject to a higher maximum annual regulations requires the agency to set

of the lump-sum period, not the amount leave limitation in the former position, the employee’s maximum annual leave

or type of leave included in the lump- the employee’s maximum annual leave limitation at the maximum annual leave

sum payment. We believe the intent of limitation must be determined based on limitation for the position in which the

the law is to recredit any and all annual the amount of annual leave to be employee is reemployed.

leave that is equivalent to the refund of recredited. Two agencies expressed

the lump-sum payment. In addition, concern that this provision would allow In response to these comments and

former OPM guidance stated that an employee’s maximum annual leave additional questions we have received,

restored annual leave included in a limitation to be set below the 240-hour we have clarified (§ 550.1207(c) and (d))

lump-sum payment is not subject to maximum limitation established by 5 of the final regulations as follows.

refund and may not be recredited if the U.S.C. 6304(a). Another agency noted First, if the amount of annual leave to

employee is reemployed prior to the that there were no rules for setting an be recredited is more than the maximum

expiration of the lump-sum leave employee’s personal leave ceiling when annual leave limitation for the new

period. (See attachment to former FPM the amount of annual leave to be position, and the employee’s former

Letter 630–22, January 11, 1974). recredited is in excess of the maximum maximum annual leave limitation was

Therefore, we have revised limitation for the position in which established under 5 U.S.C. 6304(a), (b),

§ 550.1206(a) of the final regulations to reemployed and the maximum annual (c), or (f), as appropriate, the agency

provide that an agency should not leave limitation for the former position must establish the employee’s new

include restored annual leave in a lump- is less than the current maximum maximum annual leave limitation on

sum refund and must subtract restored annual leave limitation. the date of reemployment as a personal

annual leave from the lump-sum leave The proposed regulations would have leave ceiling equal to the amount of

period if an employee is reemployed applied only when the annual leave to annual leave to be recredited.



EXAMPLES OF RECREDITING ANNUAL LEAVE

Annual leave to be recredited Former maximum leave ceiling New maximum leave ceiling New personal leave ceiling



300 360 240 300

400 360 240 400

900 1000* 240 900

1200 1000* 720 (SES) 1200

*SES Personal Leave Ceiling established under § 630.306(d).





Second, if the amount of annual leave limitation was established under an the date of reemployment as a personal

to be recredited is more than the authority other than 5 U.S.C. 6304(a), leave ceiling equal to the employee’s

maximum annual leave limitation for (b), (c), or (f), as appropriate, the agency former maximum annual leave

the new position, and the employee’s must establish the employee’s new limitation.

former maximum annual leave maximum annual leave limitation on



EXAMPLE OF RECREDITING ANNUAL LEAVE UPON TRANSFER FROM USPS

Annual leave to be recredited Former maximum leave ceiling New maximum leave ceiling New personal leave ceiling



540 440* 240 440

*Maximum Annual Leave Limitation for U.S. Postal Service.





Under 5 U.S.C. 6304(c), an employee’s reemployed. In addition, an employee Income Taxes and Deductions

personal leave ceiling will be reduced if must use the annual leave earned in a

Under 5 U.S.C. 5551, a lump-sum

more annual leave is used than earned leave year or it becomes subject to payment for annual leave is considered

in a leave year until it equals the forfeiture at the end of the leave year. pay for income tax purposes. A number

maximum annual leave limitation of agencies requested guidance on

established for the position in which whether a nonforeign area cost-of-living

36770 Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations



allowance (COLA) that is included in a FICA taxes and that which is not. In publication in the Federal Register. The

lump-sum payment is subject to income addition, IRS stated that repayment of a delayed effective date will also provide

tax. Under section 912 of title 26, lump-sum payment made in the same additional time for those agencies

United States Code, a COLA paid under year it is paid affects the treatment of responsible for pay authorities outside

5 U.S.C. 5941(a)(1) to an employee Federal income tax withholding and of title 5 to review their policies and

stationed in a nonforeign area outside of FICA taxes, but that a repayment in a issue regulations for the administration

the contiguous United States (48 States) subsequent year affects only FICA taxes. of lump-sum payments for annual leave.

is not included as gross income and is IRS stated that employers should refer

Miscellaneous Comments

not subject to income tax. OPM posed to Publication 15, Circular E, Employers

the agencies’ question to the Internal Tax Guide, for additional information The components of two large agencies

Revenue Service (IRS). on Federal employment tax commented that any pay excluded from

In a letter to OPM dated March 12, consequences and reporting retirement basic pay should also be

1998, IRS stated that a nonforeign area requirements. General information on excluded from lump-sum payments for

COLA authorized under 5 U.S.C. Federal income tax forms and annual leave. In effect, this would limit

5941(a)(1) that is paid in connection instructions can be found on the a lump-sum payment to basic pay and

with a lump-sum payment for annual Internet at http://www.irs.ustreas.gov/ certain types of premium pay, such as

leave is not subject to Federal income prod/forms pubs/index.html. Any annual premium pay under 5 U.S.C.

tax. Therefore, in calculating an questions on State and local tax 5545(c)(1) and (2) and 5545a. One of the

employee’s taxable Federal income for a implications should be referred to the agencies stated that it would support a

lump-sum payment for annual leave, appropriate State and local taxing final regulation limiting lump-sum

agencies must first subtract any authority. payments to basic pay, excluding FLSA

nonforeign area COLA authorized under OPM received a comment from the overtime pay. In addition, an individual

5 U.S.C. 5941(a)(1). Similarly a post labor organization recommending that commented that a lump-sum payment

allowance in a foreign area authorized employees be afforded some flexibility should not be adjusted to include any

under 5 U.S.C. 5924(1) is not subject to in choosing when to receive their lump- extra pay or benefits such as Sunday

Federal income tax, and the agency sum payment. The labor organization premium pay, night pay, or any general

must subtract it from a lump-sum encouraged OPM to permit employees pay adjustments or within-grade

payment when determining taxable to defer a lump-sum payment for a increases that become effective after the

Federal income. However, nonforeign reasonable period of time so that their employee separates from Federal

area post differentials authorized under tax liability may be mitigated. We service.

5 U.S.C. 5941(a)(2) that are included in referred this comment to IRS. In its Under 5 U.S.C. 5551, a lump-sum

a lump-sum payment for annual leave letter to OPM dated April 22, 1998, IRS payment ‘‘must equal the pay

are included as gross income and are advised that such a choice would result (excluding any differential under

subject to Federal income tax. in the lump-sum being included for section 5925 and any allowance under

An agency asked about the treatment income tax purposes in the taxable year section 5928) the employee or

of lump-sum payments in relation to it is first made available, without regard individual would have received had he

deductions for the Federal Insurance to whether an employee chose to receive remained in the service until expiration

Contributions Act (FICA) and Medicare. it immediately or defer the payment. of the period of the annual or vacation

The agency stated that some types of leave.’’ Issuing final regulations to limit

pay included in a lump-sum payment Effective Date of Regulations lump-sum payments to those that are

are subject to deductions for FICA/ The final regulations apply only to basic pay for retirement purposes would

Medicare, while others are not. The lump-sum payments made by an agency be contrary to the lump-sum payment

agency requested clarification as to on or after the effective date of the final law.

whether the lump-sum payment should regulations. The final regulations on The labor organization recommended

be considered as one separate payment lump-sum payments for annual leave that OPM consider approaches to

or whether each type of pay should be are not retroactive. The issuance of expedite lump-sum payments to

considered separately when computing retroactive regulations is neither the employees. In addition, the labor

deductions for FICA/Medicare. The preferred nor usual method for organization recommended that OPM

agency also requested that OPM state in rulemaking. See Alaskan Arctic Gas simplify and expedite the process of

the regulations that (1) if a lump-sum Pipeline v. United States, 831 F.2d recrediting annual leave when

payment is repaid in the same calendar 1043, 1045-8 (Fed. Cir. 1987). employees are reemployed in the

year, the employee is required to pay Retroactivity in rulemaking is Federal service. Agencies are

back the gross amount of the lump-sum permissible where Congress has responsible for administering lump-sum

payment, minus Federal and State expressly authorized it in law, but that payments, consistent with the law and

income taxes and FICA/Medicare; and is not the case here. See Landgraf v. USI OPM’s regulations. A universal rule is

(2) if the employee repays the lump-sum Film Products, 511 U.S. 244, 255–257 not feasible, since it cannot possibly

payment in a subsequent year, he or she (1984). This is a new rule that accommodate the requirements and

must repay the gross amount reduced standardizes inconsistent agency complexities of the numerous agency

only by FICA/Medicare. The agency practices. The determinations made by payroll systems that administer lump-

stated that IRS has ruled that corrections agencies prior to the effective date of the sum payments.

of earnings for Federal, State, or local final regulations are not subject to An agency asked whether

withholding taxes cannot be made for a change based on the provisions of the implementation of the final regulations

prior year. final regulations. on lump-sum payments would be

OPM referred these questions and Two agencies requested additional subject to collective bargaining and

comments to IRS. In a letter to OPM time to implement the final rules in inquired about the date by which such

dated April 22, 1998, IRS responded order to modify their payroll systems bargaining must be completed. Certain

that it is appropriate to divide a lump- and operating procedures. We agree. provisions may be subject to collective

sum payment into that portion (i.e., The final regulations will become bargaining—e.g., whether an agency

different types of pay) that is subject to effective 60 days after the date of permits employees to refund a lump-

Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations 36771



sum payment in installments. List of Subjects PART 550—PAY ADMINISTRATION

Additional questions on this matter (GENERAL)

5 CFR Part 531

should be addressed to the agency’s

labor relations office. Government employees, Law Subpart A—Premium Pay

An agency commented that agencies enforcement officers, Wages.

responsible for administering other 5. The authority citation for Subpart

5 CFR Part 550 A of Part 550 continues to read as

kinds of pay outside of title 5 should be

permitted the greatest latitude possible Administrative practice and follows:

and that each agency should decide procedure, Claims, Government Authority: 5 U.S.C. 5304 note, 5305 note,

whether its regulations should be employees, Wages. 5541(2)(iv), 5545b, 5548, 5553, and 6101(c);

consistent with OPM’s regulations. In E.O. 12748, 3 CFR, 1992 Comp., p. 316.

5 CFR Part 591

contrast, another agency recommended § 550.186 [Amended]

that such agencies not be permitted to Government employees, Travel and

determine the types of pay to be transportation expenses, Wages. 6. In § 550.186, paragraph (c) is

included in a lump-sum payment Office of Personnel Management removed and paragraph (d) is

because this would result in the exact Janice R. Lachance, redesignated as paragraph (c).

situation that OPM is trying to correct— Director. 7. Subpart L is added to part 550 to

i.e., inconsistent payment practices and read as follows:

inequities among Federal employees. Accordingly, OPM is amending parts

531, 550, and 591 of title 5 of the Code Subpart L—Lump-Sum Payment for

Under 5 U.S.C. 5553, OPM has of Federal Regulations as follows: Accumulated and Accrued Annual Leave

regulatory authority for the Sec.

administration of lump-sum payments PART 531—PAY UNDER THE 550.1201 Purpose, applicability, and

for annual leave. Section 550.1205(c) GENERAL SCHEDULE administration.

delegates authority to the head of each 550.1202 Definitions.

agency to determine other kinds of pay 1. The authority citation for part 531 550.1203 Eligibility.

authorized in statutes outside of title 5 continues to read as follows: 550.1204 Projecting the lump-sum leave

period.

that should be included in a lump-sum Authority: 5 U.S.C. 5115, 5307, and 5338; 550.1205 Calculating a lump-sum payment.

payment. We continue to believe such sec. 4 of Pub. L. 103–89, 107 Stat. 981; and 550.1206 Refunding a lump-sum payment.

agencies are in the best position to E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., 550.1207 Recrediting annual leave.

determine the types of pay under their p. 316;

authority that should be included in a Subpart B also issued under 5 U.S.C. Subpart L—Lump-Sum Payment for

5303(g), 5333, 5334(a), and 7701(b)(2);

lump-sum payment consistent with 5 Subpart C also issued under 5 U.S.C. 5304,

Accumulated and Accrued Annual

U.S.C. 5551, 5552, and 6306. If 5305, and 5553; sections 302 and 404 of Leave

inconsistencies and inequities arise, FEPCA, Pub. L. 101–509, 104 Stat. 1462 and

OPM will reconsider the delegation of Authority: 5 U.S.C. 5553, 6306, and 6311.

1466; and section 3(7) of Pub. L. 102–378,

these authorities. 106 Stat. 1356; § 550.1201 Purpose, applicability, and

administration.

Conforming Amendments 2. In § 531.304, paragraph (d) is

revised to read as follows: (a) Purpose. This subpart provides

In many parts of title 5, Code of regulations to implement sections 5551,

Federal Regulations, there are existing § 531.304 Administration of special law 5552, and 6306 of title 5, United States

references to lump-sum payments for enforcement adjusted rates of pay.

Code, and must be read together with

annual leave. Because there is now a * * * * * those sections. Sections 5551 and 5552

new subpart on lump-sum payments in (d) A special law enforcement provide for the payment of a lump-sum

part 550, there is no further need for adjusted rate of pay is paid only for payment for accumulated and accrued

these separate references. Therefore, we those hours for which a law annual leave when an employee:

are removing these references and enforcement officer is in a pay status. (1) Separates from Federal service; or

reserving the following sections: * * * * *

§ 531.304(d) (special law enforcement (2) Enters on active duty in the armed

3. In § 531.606, paragraph (d) is forces and elects to receive a lump-sum

officer adjusted rate of pay), revised to read as follows:

§ 531.606(d) (locality rate of pay), payment for accumulated and accrued

§ 531.703(c) (continued rate of pay), and § 531.606 Administration of locality rates annual leave. Section 6306 requires that

§ 550.186(c) (availability pay). In of pay. when an employee is reemployed in the

§ 591.210(c)(1) (allowances and * * * * * Federal service prior to the expiration of

differentials in nonforeign areas), we are (d) A locality rate of pay is paid only the lump-sum period, he or she must

deleting the last sentence. However, the for those hours for which an employee refund an amount equal to the pay

references to lump-sum payments for is in a pay status. covering the period between the date of

annual leave in part 532 will need to be reemployment and the expiration of the

* * * * * period of annual leave (i.e., the lump-

reviewed by the Federal Prevailing Rate 4. In § 531.703, paragraph (c) is

Advisory Committee before we make sum leave period).

revised to read as follows:

any similar changes. (b) Applicability. This subpart applies

§ 531.703 Administration of continued to—

Regulatory Flexibility Act rates of pay. (1) Any employee who separates, dies,

I certify that these regulations will not * * * * * or transfers under the conditions

have a significant economic impact on (c) A continued rate of pay is paid prescribed in § 550.1203; and

a substantial number of small entities only for those hours for which an (2) Any employee or individual

because they will affect only Federal employee is in a pay status. employed by a territory or possession of

employees and agencies. * * * * * the United States who enters on active

36772 Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations



duty in the armed forces and who elects title 5, United States Code, and his or sum payment under § 550.1205(b) based

to receive a lump-sum payment for her accumulated and accrued annual on the pay the employee was receiving

accumulated and accrued annual leave. leave cannot be transferred, except as immediately before the date of the

(c) Administration. The head of an provided in paragraphs (c), (d), and (e) transfer to the position excepted by 5

agency having employees subject to this of this section. U.S.C. 6301(2)(x)–(xiii). An employee

subpart is responsible for the proper (b) The Department of Defense (DOD) who elects to retain his or her leave

administration of this subpart. must make a lump-sum payment to an benefits upon accepting a Presidential

employee who has unused annual leave appointment, as permitted by 5 U.S.C.

§ 550.1202 Definitions. that was restored under 5 U.S.C. 3392(c), is not entitled to receive a

In this subpart— 6304(d)(3) when he or she transfers from lump-sum payment.

Accumulated and accrued annual a DOD installation undergoing closure (f) In the case of an employee who

leave means any annual leave or realignment to a position in any other transfers to a position that is not

accumulated and accrued, as these department or agency of the Federal covered by subchapter I of chapter 63 of

terms are defined in § 630.201 of this Government or moves to a position title 5, United States Code, and to which

chapter, plus any annual leave credited within DOD not located at an only a portion of his or her accumulated

to an employee under 5 U.S.C. 6304(c) installation undergoing closure or and accrued annual leave may be

and § 630.301(d) of this chapter and any realignment. transferred, the agency must make a

annual leave restored under 5 U.S.C. (c) An employee who enters on active lump-sum payment for any remaining

6304(d). Accumulated and accrued duty in the armed forces may elect to annual leave that cannot be transferred.

annual leave does not include annual receive a lump-sum payment for The agency must compute the lump-

leave received by a leave recipient accumulated and accrued annual leave sum payment under § 550.1205(b) based

under the voluntary leave transfer or or may request to have the annual leave on the pay the employee was receiving

leave bank programs established under remain to his or her credit until return immediately before the date of the

subchapters III and IV of chapter 63 of from active duty. However, an agency transfer to the position not covered by

title 5, United States Code, or annual must make a lump-sum payment for any subchapter I of chapter 63 of title 5,

leave advanced to an employee under 5 annual leave previously restored under United States Code. This does not apply

U.S.C. 6302(d). 5 U.S.C. 6304(d) when the employee to an employee transferring to an

Administrative workweek has the enters active duty. The agency may not excepted position covered by paragraph

meaning given that term in § 610.102 of recredit the restored leave when the (e) of this section.

this chapter. employee returns to Federal service.

(d) An employee who transfers to a (g) An agency must make a lump-sum

Agency means— payment for accumulated and accrued

(1) An executive agency and a position in a public international

organization under 5 U.S.C. 3582 may annual leave to an employee in a

military department as defined in missing status (as defined in 5 U.S.C.

sections 105 and 102 of title 5, United elect to retain accumulated and accrued

annual leave to his or her credit at the 5561(5)) on or after January 1, 1965, or

States Code, respectively; and the employee may elect to have such

(2) A legislative or judicial agency or time of transfer or receive a lump-sum

payment for such annual leave under 5 leave restored in a separate leave

a unit of the legislative or judicial

U.S.C. 3582(a)(4). However, the agency account under 5 U.S.C. 6304(d)(2) upon

branch of the Federal Government that

must make a lump-sum payment for any his or her return to Federal service. The

has positions in the competitive service.

annual leave previously restored under agency must compute the lump sum

Employee has the meaning given that

5 U.S.C. 6304(d) when the employee payment under § 550.1205(b) based on

term in 5 U.S.C. 2105.

transfers to the public international the rate of pay in effect at the time the

Lump-sum payment means a final

organization. The agency may not annual leave became subject to

payment to an employee for

recredit the leave under these forfeiture under 5 U.S.C. 6304(a), (b), or

accumulated and accrued annual leave.

circumstances. (c).

Mixed tour of duty means a condition

of employment for positions in which a (e) An agency must make a lump-sum (h) An agency may not make a lump-

fluctuating workload requires an payment to an employee who transfers sum payment for accumulated or

employee to work full-time or part-time to a position excepted from subchapter accrued annual leave to—

for a limited portion of the year and on I of chapter 63 of title 5, United States (1) An employee who transfers

an intermittent basis for the remainder Code, by 5 U.S.C. 6301(2)(x)–(xiii) for between positions covered by

of the year. any annual leave restored under 5 subchapter I of chapter 63 of title 5,

Rate of basic pay means the rate of U.S.C. 6304(d) upon transfer to an United States Code;

pay fixed by law or administrative excepted position. However, the agency (2) An employee who transfers to a

action for the position held by an may not make a lump-sum payment for position not covered by subchapter I of

employee before any deductions and any annual leave in the employee’s chapter 63 of title 5, United States Code,

exclusive of additional pay of any kind. regular leave account upon transfer to but to which all of his or her

Transfer means the movement of an the excepted position. The agency must accumulated and accrued annual leave

employee to another position without a hold such annual leave in abeyance for may be transferred;

break in service of 1 workday or more. recredit if the employee is subsequently (3) An employee who transfers to the

reemployed without a break in service government of the District of Columbia

§ 550.1203 Eligibility. in a position to which his or her or the U.S. Postal Service;

(a) An agency must make a lump-sum accumulated and accrued annual leave (4) A nonappropriated fund employee

payment for accumulated and accrued may be transferred. If the employee later of the Department of Defense or the

annual leave when an employee— becomes eligible for a lump-sum Coast Guard who moves without a break

(1) Separates or retires from the payment under the conditions specified in service of more than 3 days to an

Federal service; in this section, the current employing appropriated fund position within the

(2) Dies; or agency must make a lump-sum payment Department of Defense or the Coast

(3) Transfers to a position that is not for the annual leave held in abeyance. Guard, respectively, under 5 U.S.C.

covered by subchapter I of chapter 63 of The agency must compute the lump- 6308(b); or

Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations 36773



(5) An employee who is concurrently annual leave donated to an employee similar provision or law, where

employed in more than one part-time under the leave transfer or leave bank applicable;

position and who separates from one of programs under subparts I and J of part (iii) A special law enforcement

the part-time positions. Instead, the 630 of this chapter; compensatory time adjusted rate of pay under subpart C of

former employing agency must transfer off earned under 5 U.S.C. 5543 and part 531 of this chapter, where

the employee’s accumulated and § 550.114(d) or § 551.531(d) of this applicable, including a rate continued

accrued annual leave to the current chapter; or credit hours accumulated under § 531.307 of this chapter; or

agency (if the part-time positions are in under an alternative work schedule (iv) A continued rate of pay under

different agencies) or credit the established under 5 U.S.C. 6126. subpart G of part 531 of this chapter.

employee’s annual leave account in the (b) For employees whose annual leave (2) Any statutory adjustments in pay

current position (if the part-time was held in abeyance immediately prior or any general system-wide increases in

positions are in the same agency). to becoming eligible for a lump-sum pay, such as adjustments under sections

(6) An employee who elects to retain payment, the agency must project the 5303, 5304, 5305, 5318, 5362, 5363,

his or her leave benefits upon accepting lump-sum payment beginning on the 5372, 5372a, 5376, 5382, or 5392 of title

a Presidential appointment, as first workday occurring immediately 5, United States Code, that become

permitted by 5 U.S.C. 3392(c). after the date the employee becomes effective during the lump-sum leave

(i) An agency must establish a policy eligible for a lump-sum payment under period. The agency must adjust the

for determining when an employee in a § 550.1203, consistent with paragraph lump-sum payment to reflect the

continuing employment program with a (a) of this section. increased rate on and after the effective

mixed tour of duty will receive a lump- date of the pay adjustment.

sum payment for annual leave. The § 550.1205 Calculating a lump-sum

payment. (3) In the case of a prevailing rate

agency may choose to pay an employee

(a) An agency must compute a lump- employee, the agency must include in

a lump-sum payment when he or she is

sum payment based on the types of pay the lump-sum payment the scheduled

assigned intermittent duty or hold the

listed in paragraph (b) of this section, as rate of pay under 5 U.S.C. 5343, 5348,

employee’s annual leave in abeyance

in effect at the time the affected or 5349 and any applicable adjustments

during intermittent duty and recredit it

employee becomes eligible for a lump- in rates that are determined under 5

when the employee returns without a

sum payment under § 550.1203 and any U.S.C. 5343, 5348, or 5349 that become

break in service to full-time or part-time

adjustments in pay included in effective during the lump-sum leave

employment. If the agency decides to

paragraphs (b)(2), (3), and (4) of this period. The agency must adjust the

hold the employee’s annual leave in

section. The agency must calculate a lump-sum payment to reflect the

abeyance, it must also hold in abeyance

lump-sum payment by multiplying the increased prevailing rate on and after

the credit for any fractional pay period

number of hours of accumulated and the effective date of the rate adjustment.

earned and recredit the annual leave on

accrued annual leave by the applicable (4) A within-grade increase under 5

a pro rata basis, as provided in § 630.204

hourly rate of pay, including other U.S.C. 5335 or 5343(e)(2) if the

of this chapter, when the employee

applicable types of pay listed in employee has met the requirements of

returns to full-time or part-time

paragraph (b) of this section, or by using § 531.404 or § 532.417 of this chapter

employment. In developing its policy,

a mathematically equivalent method, prior to the date the employee becomes

each agency must consider the

such as multiplying weeks of annual eligible for a lump-sum payment under

likelihood that the employee will return

leave by the applicable weekly rate of § 550.1203.

to work, as well as the agency’s mission

requirements and staffing needs. The pay. If the agency calculates a lump-sum (5) The following types of premium

agency’s policy must ensure that payment using weekly rates, the number pay (to the extent such premium pay

employees are treated in a fair and of weeks of annual leave must be was actually payable to the employee):

equitable manner. rounded to the fourth decimal place (i) Night differential under 5 U.S.C.

(e.g., 0.4444). The agency must convert 5343(f) for nonovertime hours at the

§ 550.1204 Projecting the lump-sum leave an annual rate of pay to an hourly rate percentage rate received by a prevailing

period. rate employee for the last full workweek

of pay by dividing the annual rate of pay

(a) A lump-sum payment must equal by 2,087 (or 2,756 for firefighters, if immediately prior to separation, death,

the pay an employee would have applicable) and rounding it to the or transfer;

received had he or she remained in the nearest cent, counting one-half cent and (ii) Premium pay under 5 U.S.C.

Federal service until the expiration of over as the next higher cent. 5545(c) or 5545a if the employee was

the accumulated and accrued annual (b) The agency must compute a lump- receiving premium pay for the pay

leave to the employee’s credit. The sum payment using the following types period immediately prior to the date the

agency must project the lump-sum of pay and pay adjustments, as employee became eligible for a lump-

period leave beginning on the first applicable: sum payment under § 550.1203. The

workday (counting any holiday) (1) The greatest of the following rates agency must base the lump-sum

occurring after the date the employee of pay: payment on the percentage rate received

becomes eligible for a lump-sum (i) An employee’s rate of basic pay, by the employee for the pay period

payment under § 550.1203 and counting including any applicable special salary immediately prior to the date the

all subsequent workdays and holidays rate established under 5 U.S.C. 5305 or employee became eligible for a lump-

until the expiration of the period of similar provision of law or a special rate sum payment under § 550.1203. In cases

annual leave. The period of leave used for law enforcement officers under where the amount of premium pay

for calculating the lump-sum payment section 403 of the Federal Employees actually payable in the final pay period

must not be extended by any holidays Pay Comparability Act of 1990 (FEPCA), was limited by a statutory cap, the

under 5 U.S.C. 6103 (or applicable Pub. L. 101–509, 104 Stat. 1465, or a agency must base the lump-sum

Executive or administrative order) retained rate of pay under subpart B of payment on a reduced percentage rate

which occur immediately after the date part 536 of this chapter; that reflects the actual amount of

the employee becomes eligible for a (ii) A locality rate of pay under premium pay the employee received in

lump-sum payment under § 550.1203; subpart F of part 531 of this chapter or that pay period; and

36774 Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations



(iii) Overtime pay under 5 U.S.C. employee’s official duty station is in the compute the lump-sum payment under

5545b and § 550.1304 of this chapter for foreign area when he or she becomes § 550.1205(b). However, annual leave

overtime hours in an employee’s eligible for a lump-sum payment under restored under 5 U.S.C. 6304(d) that was

uncommon tour of duty (as defined in § 550.1203. included in a lump-sum payment is not

§ 630.201 of this chapter), established in (c) The head of an agency must subject to refund if an agency reemploys

accordance with § 630.210 of this prescribe regulations or standards for the employee prior to the expiration of

chapter. The uncommon tour of duty the inclusion of any other kinds of pay the lump-sum leave period. The agency

must be applicable to the employee for authorized in statutes other than title 5, must subtract such restored annual

the pay period immediately prior to the United States Code, in a lump-sum leave from the lump-sum leave period

date the employee became eligible for a payment. Such regulations or standards before calculating the refund. An agency

lump-sum payment under § 550.1203. must be consistent with 5 U.S.C. 5551, may permit an employee to refund the

The agency must calculate overtime pay 5552, 6306, and other applicable lump-sum payment for annual leave in

using the same methodology it used to provisions of law. installments, but may not waive

calculate the employee’s entitlement to (d) A lump-sum payment may not collection. If an agency permits the

overtime pay as provided in § 550.1304 include any other pay not specifically lump-sum refund to be paid in

of this chapter in the pay period listed in paragraph (b) of this section, installments, the employee must refund

immediately prior to the date the except as provided in paragraph (c) of the lump-sum payment in full within 1

employee became eligible for a lump- this section. year after the date of reemployment.

sum payment under § 550.1203. An (e) An employee may not earn leave (b) An employee who is reemployed

agency may not change an employee’s for the period covered by a lump-sum in a position listed in 5 U.S.C.

work schedule for the sole purpose of payment. 6301(2)(ii), (iii), (vi), or (vii) is not

avoiding or providing payment of (f) A lump-sum payment is not subject required to refund a lump-sum payment

premium pay under § 550.1205(b)(5)(i)– to deductions for retirement under the under paragraph (a) of this section.

(iv) in a lump-sum payment. Civil Service Retirement System or the (c) An employee who is reemployed

(6) Overtime pay under the Fair Labor Federal Employees’ Retirement System in a position that has no leave system

Standards Act of 1938, as amended established by chapters 83 and 84 of to which annual leave can be recredited

(FLSA), for overtime work that is title 5, United States Code, respectively; is not required to refund a lump-sum

regularly scheduled during an health benefits under the Federal payment under paragraph (a) of this

employee’s established uncommon tour Employees Health Benefits program section, except that individuals

of duty, as defined in § 630.201(b)(1) of established by chapter 89 of title 5, reemployed as Presidential appointees

this chapter and established under United States Code; life insurance under must refund a lump-sum payment and

§ 630.210(a) of this chapter, for which the Federal Employees’ Group Life the annual leave will be held in

the employee receives standby duty pay Insurance program established by abeyance, as provided in § 550.1207(e).

under 5 U.S.C. 5545(c)(1). The agency chapter 87 of title 5, United States Code; (d) An individual first hired by the

must include FLSA overtime pay in a and savings under the Thrift Savings District of Columbia government on or

lump-sum payment if an uncommon Plan established by subchapter III of after October 1, 1987, who received a

tour of duty was applicable to the chapter 84 of title 5, United States Code. lump-sum payment upon separation

employee for the pay period (g) For a reemployed annuitant who from the District of Columbia

immediately prior to the date the becomes eligible for a lump-sum government and who is employed by

employee became eligible for a lump- payment under § 550.1203, the agency the Federal Government prior to the

sum payment under § 550.1203. The must compute the lump-sum payment expiration of the lump-sum leave period

agency must calculate FLSA overtime using the annuitant’s pay before any must refund the lump-sum payment,

pay using the same methodology it used reductions required under § 831.802 of and the agency must recredit the annual

to calculate the employee’s entitlement this chapter. leave under § 550.1207.

to FLSA overtime pay for the pay period (h) A lump-sum payment is subject to (e) An employee who retired from the

immediately prior to the date the garnishment under parts 581 and 582 of Federal Government and received a

employee became eligible for a lump- this chapter and to administrative offset lump-sum payment under § 550.1203 of

sum payment under § 550.1203. An (for recovery of debts to the Federal this chapter, and who is reemployed

agency may not change an employee’s Government) under 31 U.S.C. chapter under a temporary appointment of less

work schedule for the sole purpose of 37. than 90 days prior to the expiration of

avoiding or providing payment of FLSA the lump-sum leave period, is required

overtime pay in a lump-sum payment. § 550.1206 Refunding a lump-sum to refund the lump-sum payment, and

(7) A supervisory differential under 5 payment.

the agency must recredit the annual

U.S.C. 5755 based on the percentage rate (a) When an employee who received leave under § 550.1207. The employee

(or dollar amount) received by the a lump-sum payment for accumulated may use the recredited annual leave

employee for the pay period and accrued annual leave under 5 during the temporary appointment.

immediately prior to the date the U.S.C. 5551 is reemployed in the

employee became eligible for a lump- Federal service prior to the end of the § 550.1207 Recrediting annual leave.

sum payment under § 550.1203. period covered by the lump-sum (a) When an employee pays a full

(8) A cost-of-living allowance and/or payment, the employee must refund to refund to an agency under § 550.1206(a),

post differential in a nonforeign area the employing agency an amount equal the agency must recredit to the

under 5 U.S.C. 5941 if the employee’s to the pay included in the lump-sum employee an amount of annual leave

official duty station is in the nonforeign payment under § 550.1205(b) that covers equal to the days or hours of work

area when he or she becomes eligible for the period between the date of (including holidays) remaining between

a lump-sum payment under § 550.1203. reemployment and the expiration of the the date of reemployment and the

(9) A post allowance in a foreign area lump-sum leave period, except as expiration of the lump-sum period. The

under 5 U.S.C. 5924(1) and the provided in paragraphs (b) and (c) of recredited annual leave is available for

Standardized Regulations (Government this section. The agency must compute use by the employee on and after the

Civilians, Foreign Areas) if the the refund based on the pay used to date the annual leave is recredited. The

Federal Register / Vol. 64, No. 130 / Thursday, July 8, 1999 / Rules and Regulations 36775



agency must recredit annual leave as provided in 5 U.S.C. 6304(c) until the § 591.210 [Amended]

follows: employee’s accumulated annual leave is 9. In § 591.210, the last sentence of

(1) When an employee is reemployed equal to or less than the maximum paragraph (c)(1) is removed.

in the Federal service in a position annual leave limitation for the position

[FR Doc. 99–16992 Filed 7–7–99; 8:45 am]

covered by subchapter I of chapter 63 of in which reemployed.

BILLING CODE 6325–01–P

title 5, United States Code, the (d) If the amount of annual leave to

employing agency must recredit an be recredited under paragraph (a) of this

amount of annual leave equal to the

section is more than the maximum DEPARTMENT OF AGRICULTURE

days or hours of work (including

annual leave limitation for the position

holidays) remaining between the date of

in which the employee is reemployed, Animal and Plant Health Inspection

reemployment and the expiration of the

and the employee’s former maximum Service

lump-sum period.

(2) When an employee is reemployed annual leave limitation was established

under an authority other than 5 U.S.C. 9 CFR Part 78

in the Federal service in a position that

is not covered by subchapter I of chapter 6304(a), (b), (c), or (f), as appropriate, [Docket No. 99–051–1]

63 of title 5, United States Code, but is the agency must establish the

covered by a different leave system, the employee’s new maximum annual leave Brucellosis in Cattle; State and Area

employing agency must recredit to the limitation on the date of reemployment Classifications; Kansas

employee an amount of annual leave as a personal leave ceiling equal to the

employee’s former maximum annual AGENCY: Animal and Plant Health

representing the days or hours of work Inspection Service, USDA.

(including holidays) remaining between leave limitation. The new maximum

annual leave limitation is subject to ACTION: Interim rule and request for

the date of reemployment and the

reduction in the same manner as comments.

expiration of the lump-sum period, as

determined under § 630.501(b) of this provided in 5 U.S.C. 6304(c) until the

SUMMARY: We are amending the

chapter. If the unexpired period of leave employee’s accumulated annual leave is

brucellosis regulations concerning the

covers a larger amount of leave than can equal to or less than the maximum

interstate movement of cattle by

be recredited under the different leave annual leave limitation for the position

changing the classification of Kansas

system, the employee must refund only in which reemployed.

from Class A to Class Free. We have

the amount that represents the leave (e) When an employee is reemployed determined that Kansas meets the

that can be recredited. in a position listed in 5 U.S.C. standards for Class Free status. This

(3) When an employee is reemployed 6301(2)(x)–(xiii), the agency must action relieves certain restrictions on

prior to the expiration of the lump-sum recredit and hold in abeyance the the interstate movement of cattle from

leave period, the agency may not amount of annual leave that would have Kansas.

recredit to the employee the annual been recredited under paragraph (a) of DATES: This interim rule was effective

leave restored under 5 U.S.C. 6304(d) this section. The agency must include

that was included in a lump-sum July 1, 1999. We invite you to comment

unused annual leave in a lump-sum on this docket. We will consider all

payment. The agency must subtract payment when the employee becomes

such restored annual leave from the comments that we receive by September

eligible for a lump-sum payment under 7, 1999.

lump-sum leave period before it § 550.1203. If the employee transfers

determines the amount of annual leave ADDRESSES: Please send your comment

from a position listed in 5 U.S.C.

to recredit under paragraph (a)(1) of this and three copies to: Docket No. 99–051–

6301(2)(x)–(xiii) to a position covered

section. 1, Regulatory Analysis and

by subchapter I of chapter 63 of title 5,

(b) Any annual leave the agency Development, PPD, APHIS, Suite 3C03,

United States Code, or to a position

recredits to the employee under 4700 River Road, Unit 118, Riverdale,

under a different formal leave system to

paragraph (a) of this section is subject at MD 20737–1238.

which his or her annual leave can be

the beginning of the next leave year to Please state that your comment refers

recredited, the employing agency must

the maximum annual leave limitation to Docket No. 99–051–1.

recredit the annual leave to the You may read any comments that we

established by 5 U.S.C. 6304(a), (b), (c), employee’s credit as provided in

or (f), as appropriate, for the position in receive on this docket in our reading

paragraph (a) of this section. room. The reading room is located in

which the employee is reemployed,

except as provided in paragraphs (c) and (f) An agency must document the room 1141 of the USDA South Building,

(d) of this section. calculation of an employee’s lump-sum 14th Street and Independence Avenue,

(c) If the amount of annual leave to be payment as provided in § 550.1205(b) so SW., Washington, DC. Normal reading

recredited under paragraph (a) of this as to permit the subsequent calculation room hours are 8 a.m. to 4:30 p.m.,

section is more than the maximum of any refund required under Monday through Friday, except

annual leave limitation for the position § 550.1206(a) and any recredit of annual holidays. To be sure someone is there to

in which reemployed, and the leave required under this section. help you, please call (202) 690–2817

employee’s former maximum annual before coming.

leave limitation was established under 5 PART 591—ALLOWANCES AND APHIS documents published in the

U.S.C. 6304(a), (b), (c), or (f), as DIFFERENTIALS Federal Register, and related

appropriate, the agency must establish information, including the names of

8. The authority citation for subpart B organizations and individuals who have

the employee’s new maximum annual

of part 591 continues to read as follows: commented on APHIS rules, are

leave limitation on the date of

reemployment as a personal leave available on the Internet at http://

Subpart B—Cost-of-Living Allowance www.aphis.usda.gov/ppd/rad/

ceiling equal to the amount of annual and Post Differential-Nonforeign Areas

leave to be recredited under paragraph webrepor.html.

(a) of this section. The new maximum Authority: 5 U.S.C. 5941; E.O. 10000, 3 FOR FURTHER INFORMATION CONTACT: Dr.

annual leave limitation is subject to CFR, 1943–1948 Comp., p. 792; and E.O. Valerie Ragan, Senior Staff Veterinarian,

reduction in the same manner as 12510, 3 CFR, 1985 Comp., 338. National Animal Health Programs, VS,