HR Order DOJ1200.1: Part 2. Compensation: Chapter 2-16, Premium Pay Limitations (March 26, 2004)

A. References.

Statute

5 U.S.C. 5547

Code of Federal Regulations

5 CFR 550.105
5 CFR 550.106
5 CFR 550.107

Guidance

Maximum General Schedule Pay Limitations (OPM)

Key term

Bureau head

B. Policy.

  1. This chapter is the Department's policy on applying the emergency and mission-critical exceptions to the biweekly limitation on basic pay plus premium pay under 5 U.S.C. 5547.
     
  2. Emergency Determinations. Subject to the applicable provisions of law, regulation, and this chapter, the AAG/A may determine that a condition exists warranting an exception to the biweekly limitation based on an emergency that involves a direct threat to human life or property. This authority may not be redelegated.
     
  3. Mission-Critical Determinations.
     

    1. Subject to the applicable provisions of law, regulation, and this chapter, a Bureau head may determine that a condition exists warranting an exception to the biweekly limitation based on the performance of work that is critical to the Department's mission. This authority may not be redelegated.
       
    2. If a mission-critical situation involves employees of more than one component, the AAG/A may, on his or her own motion, make the mission-critical determination. All affected components will apply the annual limitation in conformance with the AAG/A's determination.
  4. A determination under paragraph B.3. above must:
     

    1. be made in writing as soon as possible after the mission-critical situation arises;
       
    2. clearly describe the mission-critical situation, as well as the employees covered by the determination;
       
    3. be reviewed at least every 90 days to determine whether the mission-critical situation continues; and
       
    4. be ended in writing when the mission-critical situation has ended.

 

C. Documentation and Reporting
 

As soon as possible after making a written determination under paragraph B.3.a. above, the Bureau head will provide a copy of the determination to the JMD Human Resources Staff.

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