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Effective May 5, 2002, section 1114 of Public Law 107-107 and the Office of Personnel Management's interim regulations change the limits on basic pay plus certain types of premium pay in 5 U.S.C. 5547. This chart summarizes the effects of these changes as they affect LEOs (Law Enforcement Officers) and non-LEOs.
References to General Schedule (GS) rates of pay include any applicable locality-based payments.
| Employee Category |
Before May 5, 2002 |
Beginning May 5, 2002 |
| Non-LEOs |
In a non-emergency situation, non-LEOs are subject to a biweekly GS-15, step 10 limit.
In an officially-determined emergency situation that involves a direct threat to life or property, including work performed
in the aftermath of such an emergency, non-LEOs are subject to an annual GS-15, step 10 limit.
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Except in an emergency or critical work situation, LEOs and non-LEOs are subject to a biweekly limit derived from the greater of the following rates:
- Level V of the Executive Schedule, or
- GS-15, step 101
In an officially-determined2 emergency that involves a direct threat to life or property, including work performed in the aftermath of such an emergency, or an officially-determined2 critical work situation, LEOs and non-LEOs are subject to an annual3 limit derived from the greater of the following rates:
- Level V of the Executive Schedule, or
- GS-15, step 101
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| LEOs |
LEOs are subject to a biweekly limit equal to the rate of pay for Level V of the Executive Schedule.
There is no provision for an annual limit. |
1 In 2002, the GS-15, step 10 rate is greater than the rate for Level V of the Executive Schedule in nine locality pay areas: Boston, Chicago, Denver, Detroit, Hartford, Houston, Los Angeles, New York, and San Francisco.
2 Pending the issuance of Department-level policy, requests for official determinations may be submitted to the JMD Personnel Staff.
3 OPM regulations provide that biweekly limits continue to apply to certain premium payments--e.g., availability pay and AUO pay.
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