Chapter 2-16, Premium Pay Limitations
(March 26, 2004)
- 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.
- 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.
- Mission-Critical Determinations.
- 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.
- 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.
- A determination under paragraph B.3. above must:
- be made in writing as soon as possible after the mission-critical situation arises;
- clearly describe the mission-critical situation, as well as the employees covered by the determination;
- be reviewed at least every 90 days to determine whether the mission-critical situation continues; and
- 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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Updated: September 2012