§ 550.332 Linitation and discontinuance of allotment.

An agency shall prescribe (a) how often a change may be made in the amount of the allotment, (b) the conditions under which an allotment is discontinued, and (c) the procedures for revoking the allotment.

§ 550.333 Fee for service.

Agencies may decide, as a matter of agency policy, to charge no fee for collecting dues for members of associations of management officials or supervisors; to charge a standard fee for this service throughout the agency; or to leave it as a matter for determination at the levels and locations at which official relationships with such associations have been established.

FOREIGN AFFAIRS AGENCY ORGANIZATIONS

§ 550.341 Scope.

A foreign affairs agency may permit an employee, regardless of his tenure, to make an allotment for dues to an organization when he is a member of a recognized organization with which the foreign affairs agency has agreed in writing to deduct allotments for the payment of dues. For purposes of this section and §§ 550.342 and 550.343, "employee" and "organization" mean an "employee" and "organization" as defined by section 2 (b) and (f), respectively, of Executive Order 11636.

§ 550.342 Limitation and discontinuance of allotment.

(a) The agreement between the foreign affairs agency and the organization shall specify how often a change may be made in the amount of the allotment for the payment of dues to the organization.

(b) An allotment for the payment of dues to an organization may be revoked by an employee only in writing and effective at stated 6-month intervals as provided by section 15 of Executive Order 11635, as provided in the agreement. Upon receipt in the payroll office of a written notice of revocation, the foreign affairs agency shall discontinue the allotment at the beginning of the first full pay period which

begins on or after the next stated revocation date.

(c) A foreign affairs agency shall discontinue paying an allotment when the dues withholding agreement between the foreign affairs agency and the organization is terminated or ceases to be applicable to the employ

ee.

(d) A foreign affairs agency may permit an employee, transferring in from another foreign affairs agency, or transferring within the same foreign affairs agency, to continue on a temporary basis to make an allotment for dues to an organization under the following conditions:

(1) The transfer of the employee is in connection with a transfer of function or reorganization; and

(2) The employee was in a unit of recognition, which unit was transferred in whole or substantial part to the receiving foreign affairs agency; and

(3) A substantial question of successorship exists, that is, a question as to whether the organization which held exclusive recognition for the unit is eligible to retain the recognition previously granted to it by the losing foreign affairs agency; and

(4) The continuation of dues allotment is on a temporary basis until such time as the recognition status of the unit is clarified.

[37 FR 3355, Feb. 15, 1972]

§ 550.343 Fee for service.

A foreign affairs agency shall recover from an organization the costs of making each deduction from the pay of an employee unless the foreign affairs agency agrees in writing with the organization to make no charge or a reduced charge below actual costs for making the deduction. The amount of the fee, or no fee, is a matter which is subject to agreement between the foreign affairs agency and the organization; however, the actual costs of the service is the maximum fee which the agency may charge.

COMBINED FEDERAL CAMPAIGN

§ 550.351 Scope.

An agency may permit an employee to make an allotment for charitable

contributions to a Combined Federal Campaign only in accordance with instructions published 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 OPM and the Department of Defense which may contain any necessary exceptions to this subpart with respect to allotments made for charitable contributions.

§ 550.352 Limitation of allotment.

(a) An agency may permit an employee to make an allotment for a charitable contribution to a Combined Federal Campaign only when he is employed in an area in which a Combined Campaign authorized by the Office of Personnel Management is established.

(b) An employee serving under an appointment limited to 1 year or less may make an allotment to a Combined Federal Campaign when an appropriate official of the employing agency determines the employee will continue his employment for a period sufficient to justify an allotment.

(c) An allotment to a Combined Federal Campaign shall be:

(1) For a term of 1 year beginning with the first pay period which begins in January and ending with the last pay period which begins in December; and

(2) Of an equal amount to be deducted each pay period, which amount may not be less than 50 cents for an employee paid biweekly or semimonthly or $1 for an employee paid monthly.

(d) During the term of an allotment to a Combined Federal Campaign the allotter may not change the amount to be deducted each pay period, but he may voluntarily discontinue the allotment at any time.

§ 550.353 Discontinuance of allotment.

An agency shall discontinue paying an allotment when the allotter is separated from the Federal service, a written notice to discontinue is given by the allotter, or the 1-year term for an allotment to a Combined Federal Campaign expires.

INCOME TAX WITHHOLDING

§ 550.361 Scope.

When the Secretary of the Treasury has entered into an agreement to withhold income or employment taxes from the pay of employees under sections 5516, 5517, or 5520 of title 5, United States Code, an agency may permit an employee, regardless of his or her tenure, to make an allotment for:

(a) The payment of State or District of Columbia income taxes when the employee is employed outside of, but is a resident in, the State or the District of Columbia,

(b) The payment of city or county income or employment taxes when the employee is employed outside of, or is not a resident in, the State in which the city or county is located.

(5 U.S.C. 5527; EO 10982, 3 CFR 1959-1963 Comp., p. 502, Pub. L. 95-365, Sept. 25, 1978) [43 FR 60857, Dec. 29, 1978; 44 FR 2565, Jan. 12, 1979]

(5) Any other purpose when approved by the head of the agency or his authorized representative.

(b) An agency may not permit an employee to make an allotment for any of the following purposes:

(1) Payment of indebtedness, except when the head of the agency specifically provides otherwise;

(2) Contributions to charity except as authorized by § 550.351; or

(3) Payment of dues to civic, fraternal, or other organizations except as authorized by §§ 550.321, 550.331, 550.341, and 550.381.

(c) An agency may permit an employee to make an allotment for one of the purposes specified in paragraph (a) of this section only when he is: (1) Assigned to a post of duty outside the continental United States;

(2) Working on an assignment away from his regular post of duty when the assignment is expected to continue for 3 months or more; or

(3) Serving as an officer or member of a crew of a vessel under the control of the Federal Government.

[37 FR 3355, Feb. 15, 1972, as amended at 42 FR 23131, May 6, 1977]

PROFESSIONAL OR OTHER ASSOCIATIONS

§ 550.381 Scope.

An agency may permit employees, regardless of tenure, to make an allotment for dues to professional or other associations when they are members of such an association with which an agency has agreed in writing to deduct allotments for the payment of dues to the association.

[42 FR 10317, Feb. 22, 1977]

§ 550.382 Limitation and discontinuance of allotments.

(a) An agency shall prescribe (1) how often a change may be made in the amount of the allotment, (2) the conditions under which an allotment is discontinued, and (3) the procedures for revoking the allotment.

(b) An agency may prescribe (1) the minimum number of employee allotments required to be eligible for dues allotments, (2) the number of such allotments that will be permitted for any one employee, and (3) the minimum allotment permitted.

[42 FR 10317, Feb. 22, 1977]

§ 550.383 Fee for service.

Agencies may decide, as a matter of agency policy, to charge no fee for collecting dues for members of professional or other associations; to charge a standard fee for this service throughout the agency; or to leave it a matter for determination at the levels and locations at which official relationships with such associations have been established.

[42 FR 10317, Feb. 22, 1977]

Subpart D-Payments During Evacuation

AUTHORITY: 5 U.S.C. 5527; E.O. 10982, 3 CFR, 1959-1963 Comp., p. 502.

§ 550.401 Purpose.

The purpose of this subpart is to provide the authority necessary for an agency to administer Subchapter III (except section 5525) of chapter 55 of title 5, United States Code, by establishing an efficient, orderly, and equitable procedure for the payment of pay, allowances, and differentials in the event of an emergency evacuation of employees or their dependents, or both, from or within United States areas for military reasons or because of imminent danger to their lives.

§ 550.402 Applicability.

This subpart applies to agencies which exercise the authority under subchapter III of chapter 55 of title 5, United States Code, and Executive order to provide for payments for their employees who are located in United States areas.

§ 550.403 Employee coverage.

This subpart applies to:

(a) Employees of an agency who are U.S. citizens or who are U.S. nationals;

(b) Employees of an agency who are not citizens or nationals of the United States but who were recruited with a transportation agreement which provides return transportation to the area from which recruited; and

(c) Alien employees of an agency hired within the United States.

§ 550.404 Definitions.

In this subpart:

(a) "Agency" means an Executive agency as defined by section 105 of title 5, United States Code.

(b) "Employee" means an employee of an agency.

(c) "Executive order" means Executive Order No. 10982 issued December 25, 1961.

(d) "United States area" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, and any terri

tory or possession of the United States, but excluding the Trust Territory of the Pacific Islands.

§ 550.405 Limitations.

An agency may not provide an authority in its regulations to make payments under subchapter III of chapter 55 of title 5, United States Code, and this subpart when evacuations are occasioned by a natural disaster within the 48 contiguous States or the District of Columbia.

§ 550.406 Approval of agency regulations.

(a) Advance approval. OPM has prescribed, and published in the Federal Personnel Manual, agency regulations for adoption by an agency as the regulations authorized by section 5527(c) of title 5, United States Code, to be issued by the head of an agency to carry out sections 5522 and 5523 of that title. When the head of an agency proposes to exercise the authority given him under sections 5522 and 5523, he may adopt these agency regulations for use in United States areas; or for use in specifically designated localities within these areas. When the agency regulations are adopted without change as published in the Federal Personnel Manual, regulations So adopted have the prior approval of OPM as required by section 4(b) of the Executive order. If an agency adopts the agency regulations, it shall notify OPM of the date of adoption and of the areas in which the agency regulations will be applied.

(b) Request for prior approval. When an agency proposes to issue regulations which deviate from the agency regulations published in the Federal Personnel Manual, prior approval as required by section 4(b) of the Executive order must be secured from OPM before the regulations may be made effective.

(c) Revision of agency regulations. When OPM revises the agency regulations provided for in paragraph (a) of this section, agencies which have previously adopted those agency regulations shall adopt the revisions or within 30 days request approval from OPM to retain the regulations without change.

(d) Supplemental regulations. When an agency has regulations which have been approved under paragraph (a) or (b) of this section, the agency may issue any supplemental regulations or instructions, not inconsistent with its approved regulations, deemed necessary for internal operations.

§ 550.407 Payment to employees of other agencies.

OPM shall publish in the Federal Personnel Manual a list containing the name of each agency which has approved agency regulations and the areas to which the approved agency regulations apply. When this information is published in the Federal Personnel Manual, any agency (whether or not it has approved agency regulations) may make payments in an evacuation situation to an employee (and his dependents and designated representative) of an agency which has approved agency regulations who is assigned to a post of duty within the areas covered by the approved agency regulations. When a payment is made under this subpart by other than the employee's agency, the agency making the payment shall immediately report the amount and date of the payment to the employee's agency in order that prompt reimbursement may be made.

Subpart E-Pay From More Than One Position

AUTHORITY: 5 U.S.C. 5533.

§ 550.501 Scope.

(a) Applicability. (1) This subpart and section 5533 of title 5, United States Code, apply in determining an employee's entitlement to receive pay from more than one position.

(2) This subpart and section 5533(a) of title 5, United States Code, apply only to an employee holding more than one position when the aggregate number of hours worked during a week exceeds 40.

(b) Coverage. This subpart and section 5533(a) of title 5, United States Code, apply to each department and agency (including each corporation owned or controlled by the Government of the United States and including nonappropriated fund instrumen

§ 550.504 Other exceptions.

(a) When a department, agency, or the government of the District of Columbia encounters difficulty in obtaining employees to perform required personal services because of section 5533(a) of title 5, United States Code, it may make an exception from that section upon determining that the required services cannot be readily obtained otherwise. The exception shall specify the position(s) to which it applies.

(b) The Office of Personnel Management will publish in the Federal Personnel Manual exceptions of general application.

(5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5)) [44 FR 54694, Sept. 21, 1979]

§ 550.505 Report to OPM.

OPM may require a department, agency, or the government of the District of Columbia to submit a periodic report on its use of the exceptions from section 5533(a) of title 5, United States Code.

[33 FR 12458, Sept. 4, 1968. Redesignated at 37 FR 22717, Oct. 21, 1972]

Subpart F-Reduction-in-Retired-Pay Provisions of the Dual Pay Statute

AUTHORITY: 5 U.S.C. 5532.

§ 550.601 Scope.

(a) Applicability. This subpart and section 5532 of title 5, United States Code, apply in determining the entitlement to retired or retainer pay of a member or former member of a uniformed service when employed in a position.

(b) Coverage. This subpart and section 5532 of title 5, United States Code, apply to each department and agency (including each corporation owned or controlled by the Government of the United States and including nonappropriated fund instrumentalities under the jurisdiction of the Armed Forces) in the legislative, judicial, and executive branches of the Government of the United States and to the government of the District of Columbia.

[44 FR 44814, July 31, 1979]

§ 550.602 Definitions.

In this subpart: (a) “Member", "position", and "retired or retainer pay" have the meanings given those terms by section 5531 of title 5, United States Code.

(b) "Uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

(c) "Officer" means commissioned or warrant officer.

[44 FR 44814, July 31, 1979]

§ 550.603 Exceptions to reduction in retired or retainer pay.

(a) Under conditions set forth in the Federal Personnel Manual, an agency may make exception to the restrictions in 5 U.S.C. 5532(b), without regard to the provisions of 5 U.S.C. 5532 (c) and (e), when the exception is warranted because of special or emergency employment needs which otherwise cannot be readily met. Such exceptions shall apply while the individ