PURPOSE

These instructions provide guidance regarding the Department of Justice's (DOJ) authority to waive the annual premium pay limitation for employees performing work overseas. In accordance with § 1105 of the National Defense Authorization Act for Fiscal Year 2007, Public Law (P.L.) 109-364), components may make payments of basic pay and premium pay combined up to $212,100 in calendar year 2007, to DOJ employees assigned to an overseas location in the area of responsibility of the Commander of the U.S. Central Command (US CENTCOM). Additional statutory references include: Title 5, United States Code (U. S. C.) §§ 5307, 5547, and 5551, and 10 U.S.C. § 101. (Note: Language has been revised in Title 10 to define what constitutes performance of work (see fourth bullet below under 'ELIGIBILITY').

ELIGIBILITY

Employees eligible for the increased limitation include those employees who meet the following criteria:

• Are subject to the provision 5 U.S.C. § 5547 (limitations on premium pay);



• Are assigned to an overseas location in the US CENTCOM area of responsibility;



• Remain in the US CENTCOM area of responsibility for at least 42 consecutive calendar days (the 42-day qualification period may overlap a calendar year- for example: the period may begin in 2006 and end in 2007, or begin in 2007 and end in 2008);



• Perform work in direct support of, or directly related to a military operation (including a contingency operation, as defined in section 101 (13) of title 10, U.S.C.) [Except for employees in Iraq and Afghanistan, determinations of whether employees in US CENTCOM overseas areas of responsibility (see appendix) perform work that meets the eligibility criteria must be made on a case-by-case basis and documented using the procedures described in these instructions. Consistent with the determinations made by the Department of Defense and the Department of State, DOJ has determined that all Department employees assigned to Afghanistan or Iraq are performing work that meets the eligibility criteria.]

DESIGNEES

The Attorney General (AG) has delegated the authority to Department Component Heads to grant waivers under § 1105 of P.L. 109-364.

GUIDANCE

The following guidance will facilitate the implementation of this authority for components that have made a determination to use this authority, which increases the premium pay limitation of eligible employees to $212,100.

• The increased annual premium pay limitation of $212,100 enacted by § 1105 of P.L. 109-364 became effective on January 1, 2007, and applies to premium payments payable to an eligible employee during the 2007 calendar year, meaning premium pay earned in a pay period for which the pay date falls in the calendar year. Premium payments payable before January 1, 2007, or after December 31, 2007, are not covered by this authority. Premium payments made during this period, but before the effective date of an employee's eligibility are subject to the 5 U.S.C. § 5547 (a) biweekly limitation discussed below.



• The $212,100 premium pay limitation (i.e. limitation on basic pay and premium pay) exceeds the 2007 aggregate pay limitation (Executive Level I - $186,600) for total annual compensation under 5 U.S.C. § 5307, which P.L. 109-364 does not waive. Premium pay payable under this authority in excess of the 2007 aggregate pay limitation is deferred for payment until the first pay period in 2008. Deferred payments will count towards the employee's 2008 aggregate limitation.



• The $212,100 annual limitation will continue to apply to an employee's annual basic pay plus premium pay for the remainder of the year after the employee has stopped performing work covered by section 1105. However, when an employee changes location and/or work and is no longer qualified for coverage under the waiver, the employee's pay will become subject to the biweekly limitation, as stated in 5 U.S.C. § 5547 (a) for that position and location. The biweekly limitation is the greater of the amount payable per pay period for:



• GS-15, step 10 (including any applicable special salary rate or locality rate of pay), or



• Level V of the Executive Schedule.

NOT BASIC PAY

Additional premium pay, as a result of this waiver, shall not be considered basic pay for retirement or any other purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under 5 U.S.C. § 5551.

REPORTING REQUIRMENT

Components are required to report to the AAG/A by February 15, 2008 on the use of this authority for each employee paid premium pay that exceeds the normal biweekly and annual limitations under 5 U.S.C. § 5547.

APPENDIX

COUNTRIES IN U.S. CENTCOM OVERSEAS AREA OF RESPONSIBILITY

1. Djibouti

2. Egypt

3. Eritrea

4. Sudan

5. Kenya

6. Ethiopia

7. Somalia

8. Jordan

9. Saudi Arabia

10. Yemen

11. Oman

12. United Arab Emirates

13. Qatar

14. Bahrain

15. Kuwait

16. Pakistan

17. Iran

18. Iraq

19. Afghanistan

20. Tajikistan

21. Kyrgyzstan

22. Kazakhstan

23. Uzbekistan

24. Turkmenistan

25. Seychelles

26. Syria

27. Lebanon

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