§ 550.107 Premium payments capped on a biweekly basis when an annual limitation otherwise applies

5 CFR 550.107(a)(a) The following types of premium pay remain subject to a biweekly limitation when other premium payments are subject to an annual limitation under § 550.106:

5 CFR 550.107(a)(1)(1) Standby duty pay under 5 U.S.C. 5545(c)(1);

5 CFR 550.107(a)(2)(2) Administratively uncontrollable overtime pay under 5 U.S.C. 5545(c)(2);

5 CFR 550.107(a)(3)(3) Availability pay for criminal investigators under 5 U.S.C. 5545a;

5 CFR 550.107(a)(4)(4) Overtime pay for hours in the regular tour of duty of a firefighter covered by 5 U.S.C. 5545b; and

5 CFR 550.107(a)(5)(5) An overtime supplement for regularly scheduled overtime hours within a Border Patrol agent's regular tour of duty under 5 U.S.C. 5550.

5 CFR 550.107(b)(b) An employee must receive premium pay of the types identified in paragraph (a) of this section before receiving any other type of premium pay.

5 CFR 550.107(c)(c) In any pay period during which an employee is subject to an annual limitation under § 550.106, the employee may receive the types of premium pay identified in paragraph (a) of this section only to the extent that the payment does not cause the total of his or her basic pay and such premium pay for the pay period to exceed the greater of—

5 CFR 550.107(c)(1)(1) The maximum biweekly rate of basic pay payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law); or

5 CFR 550.107(c)(2)(2) The biweekly rate payable for level V of the Executive Schedule.

5 CFR 550.107(d)(d) The biweekly rates under paragraph (c) of this section are computed as provided in § 550.105(d).

5 CFR 550.107(e)(e) Premium pay paid, or projected to be paid, under this section is included in determining whether the sum of the employee's basic pay and premium pay would exceed the annual limitation under § 550.106.