of 40 hours in an administrative workweek that is:

(1) Officially ordered or approved, and (2) Performed by an employee. when the employee's basic compensation exceeds the minimum rate of grade GS10 of the Classification Act of 1949, as amended, or when the employee is engaged in professional or technical engineering or scientific activities. For purposes of this section and section 201 of the Act an employee is engaged in professional or technical engineering or scientific activities when he is assigned to perform the duties of a professional or support technician position in the physical, mathematical, natural, medical, or social sciences or engineering or architecture.

(e) Notwithstanding paragraphs (a) and (d) of this section, when an employee's basic workweek includes a daily tour of duty of more than 8 hours and his hourly rate of basic compensation exceeds the hourly rate of overtime compensation provided by § 550.113, the department shall pay him at his basic rate of compensation for each hour of his daily tour of duty within his basic workweek.

[Paragraphs (d) and (e) added, 31 F.R. 10567, Aug. 6, 1966]

§ 550.113 Computation of overtime pay.

(a) For each officer or employee whose rate of basic compensation does not exceed the minimum rate of grade GS-10 of the Classification Act of 1949, as amended, the overtime hourly rate is 11⁄2 times his hourly rate of basic compensation.

(b) For each officer or employee whose rate of basic compensation exceeds the minimum rate of GS-10 of the Classification Act of 1949, as amended, the overtime hourly rate is 11⁄2 times the hourly rate of basic compensation at the minimum rate of grade GS-10. [Paragraphs (a) and (b) amended, 31 F.R. 10567, Aug. 6, 1966]

§ 550.141 Authorization of premium pay on an annual basis.

An agency may pay premium pay on an annual basis, instead of the premium pay prescribed in this subpart for regularly scheduled overtime, night, holiday, and Sunday work, to an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work. Premium pay under this section is determined as an appropriate percentage, not in excess of 25 percent, of that part of the employee's rate of basic compensation which does not exceed the minimum rate of basic compensation for grade GS-10 of the Classification Act of 1949, as amended.

[31 F.R. 10567, Aug. 6, 1966]

tion which does not exceed the minimum rate of basic compensation for grade GS-10 of the Classification Act of 1949, as amended:

[Introductory text amended, 31 F.R. 10567, Aug. 6, 1966]

*

(4) When an agency pays an employee one of the rates authorized by subparagraph (1), (2), or (3) of this paragraph, the agency shall increase this rate by adding (i) 22 percent to the rate when the employee is required to perform Sunday work on an average of 20 to 40 Sundays over a year's period or (ii) 5 percent to the rate when the employee is required to perform Sunday work on an average of 41 or more Sundays over a year's period but the rate thus increased may not exceed 25 percent.

[Subparagraph (4) added, 31 F.R. 13835, Oct. 28, 1966]

(b) If an employee is eligible for premium pay on an annual basis under § 550.141, but none of the percentages in paragraph (a) of this section is applicable, or unusual conditions are present which seem to make the applicable rate unsuitable, the agency may propose a rate of premium pay on an annual basis for the Commission's approval. The proposal shall include full information bearing on the employee's tour of duty; the number of hours of actual work required; and how it is distributed over the tour of duty; the number of hours in a standby status required and the extent to which the employee's whereabouts and activities are restricted during standby periods; the extent to which the assignment is made more onerous by night, holiday, or Sunday duty or by hours of duty beyond 8 in a day or 40 in a week; and any other pertinent conditions.

[Paragraph (b) amended, 31 F.R. 10567, Aug. 6, 1966]

ADMINISTRATIVELY UNCONTROLLABLE WORK § 550.151 Authorization of premium pay on an annual basis.

An agency may pay premium pay on an annual basis, instead of other premium pay prescribed in this subpart except premium pay for regular overtime work, to an employee in a position to which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular or occasional overtime work and work at

(b) In order to satisfactorily discharge the duties of a position referred to in § 550.151, an employee is required to perform substantial amounts of irregular or occasional overtime work and work at night, on Sundays, and on holidays. In regard to this requirement: *

(3) There must be a definite basis for anticipating that the irregular or occasional overtime work will continue over an appropriate period with a duration and frequency sufficient to meet the minimum requirements under subparagraphs (1) and (2) of this paragraph, and that night, Sunday, and holiday work will be performed from time to time.

§ 550.154 Rates of premium pay payable under § 550.151.

(a) An agency may pay the premium pay on an annual basis referred to in § 550.151 to an employee who meets the requirements of that section, at the rate of 15 percent of that part of the employee's rate of basic compensation which does not exceed the minimum rate of basic compensation for grade GS-10 of the Classification Act of 1949, as amended.

(b) If an agency proposes to pay an employee premium pay on an annual basis under § 550.151 but unusual conditions seem to make the applicable rate in paragraph (a) of this section unsuitable, the agency may propose a lesser rate of

premium pay on an annual basis for the Commission's approval. The proposal shall include full information bearing on the frequency and duration of the irregular or occasional overtime work and the night, holiday, and Sunday work required; the nature of the work which prevents hours of duty from being controlled administratively; the necessity for the employee's being generally responsible for recognizing, without supervision, circumstances which require him to remain on duty; and any other pertinent conditions.

[31 F.R. 10568, Aug. 6, 1966]

GENERAL RULES GOVERNING PAYMENT OF PREMIUM PAY ON AN ANNUAL BASIS

§ 550.162 Payment provisions.

(a) An employee receiving premium pay on an annual basis under § 550.141 may not receive premium pay for regular overtime work or work at night or on a holiday or on Sunday under any other section of this subpart. An agency shall pay the employee in accordance with §§ 550.113 and 550.114 for irregular or occasional overtime work.

(b) An employee receiving premium pay on an annual basis under § 550.151 may not receive premium pay for irregular or occasional overtime work or work at night or on a holiday or on Sunday under any other section of this subpart. An agency shall pay the employee in accordance with other sections of this subpart for regular overtime work.

(c) Overtime, night, holiday, or Sunday work compensated under any statute other than the act is not a basis for payment of premium pay on an annual basis under § 550.141 or § 550.151.

[Paragraphs (a), (b), and (c) amended, 31 F.R. 10568, Aug. 6, 1966]

(b) When it is necessary to determine an employee's existing aggregate rate of compensation (referred to in this section as existing aggregate rate), an agency shall determine it on the basis of the earnings the employee would have received over an appropriate period (generally 1 year) if his tour of duty immediately before the date section 401 of the act is made applicable to him had remained the same. In making this determination, basic compensation and premium pay for overtime, night, holiday, and Sunday work are included in the earnings the employee would have received. Premium pay for irregular or occasional overtime work may be included only if it was of a significant amount in the past and the conditions which required it are expected to continue.

[Paragraph (b) amended, 31 F.R. 10568, Aug. 6, 1966]

(k) "Combined Federal Campaign" means an organization of voluntary health and welfare agencies authorized to solicit charitable contributions in a local area in accordance with arrangements prescribed by the Chairman of the Civil Service Commission under Executive Order 10927.

[Paragraph (k) added, 30 F.R. 9903, Aug. 10. 1965]

§ 550.302 Authority of Federal Depart

ment.

(c) Subject to the provisions of paragraphs (a) and (b) of this section, allotments for the payment of dues to an employee organization as authorized by § 550.304 (a) (5) and allotments for charitable contributions to a Combined Federal Campaign as authorized by § 550.304 (a) (6) may be permitted only in accordance with instructions published by the Civil Service Commission in the Federal Personnel Manual. However, allotments for contributions to the Department of Defense Overseas Combined Federal Campaign may be permitted in accordance with a special agreement between the Commission and the Department of Defense which may contain any necessary exceptions to the provisions in this subpart.

[Paragraph (c) amended, 31 F.R. 8585, June 21, 1966] Prior Amendments 1965: 30 F.R. 9903, Aug. 10.