Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority vested in me by section 605 of the Federal Employees Pay Act of 1945, I hereby approve the following regulations prescribed by the Civil Service Commission: REGULATIONS UNDER THE FEDERAL EMPLOYEEDS PAY ACT OF 1945 By virtue of the authority vested in the U. S. Civil Service Commission by section 605 of the Federal Employees Pay Act of 1945, the Commission hereby promulgates the following regulations for the administration of the provisions of that Act, effective on and after July 1, 1945. CHAPTER I. OVERTIME PAY REGULATIONS Part I. Extent of Overtime Pay Regulations SECTION 101. Employees to whom these regulations apply. These regulations apply to all civilian officers and employees in or under the executive branch of the United States Government, including Government-owned or controlled corporations, except those specified in section 102 of these regulations. SECT. 102. Employees to whom these regulations do not apply. These regulations do not apply to: (a) Elected officials; (b) Heads of departments or independent establishments or agencies, including Government-owned or controlled corporations; i. e., heads of governmental establishments in the executive branch which are not component parts of any other such establishments. (c) Officers and employees in or under the field service of the Post Office Department; (d) Employees whose basic compensation is fixed and adjusted from time to time in accordance with prevailing rates by wage boards or similar administrative authority serving the same purpose, except that section 404 (d) of these regulations shall be applicable to such employees whose basic rate of compensation is fixed on an annual or monthly basis. (e) Employees outside the continental limits of the United States, including those in Alaska, who are paid in accordance with the local prevailing native wage rates for the area in which employed; (f) Officers and employees of the Inland Waterways Corporation; (g) Officers and employees of the Tennessee Valley Authority; (h) Individuals to whom the provisions of section 1 (a) of the Act entitles "An Act to amend and clarify certain provisions of law relating to functions of the War Shipping Administration, and for other purposes", approved March 24, 1943 (Public Law No. 17-78th Congress), are applicable; (i) Officers and members of the United States Park Police and the White House Police; and (j) Employees of the Transportation Corps of the Army of the United States on vessels operated by the United States, vessel employees of the Coast and Geodetic Survey, and vessel employees of the Panama Railroad Company. Part II. Definitions SEC. 201. Basic workweek for full-time officers and employees. "Basic workweek" for full-time officers and employees means the forty-hour workweek established pursuant to section 301 (a) of these regulations. SEC. 202. Administrative workweek for full-time officers and employees. "Administrative workweek" for full-time officers and employees means the administrative workweek established pursuant to section 301 (b) of these regulations. SEC. 203. Basic rate of compensation. (a) "Basic rate of compensation" means the rate of compensation fixed by law or administrative regulation for the position held by the officer or employee, exclusive of overtime compensation and extra pay for night or holiday work, but inclusive of (a) any salary differential for duty outside the continental United States, or in Alaska, and (b) the value of quarters, subsistence, and other maintenance allowances under section 3 of the Act of March 5, 1928, 45 Stat. 193, U. S. Code, Title 5, Sec. 75a. (b) Hereafter for all pay computation purposes basic per annum rates of compensation established by or pursuant to law shall be regarded as payment for employment during fifty-two basic workweeks of forty hours. SEC. 204. Irregular or occasional overtime duty. "Irregular or occasional overtime duty" means hours of employment in excess of the regularly scheduled administrative workweek. Part III. Regulations To Be Prescribed by Heads of Departments and Agencies SEC. 301. Establishment of basic workweek and administrative workweek. Heads of departments or independent establishments or agencies, including Government-owned or controlled corporations, shall, with respect to each group of full-time employees to whom these regulations apply, establish by general public regulation, to be effective July 1, 1945: (a) A regularly scheduled basic workweek of forty hours in length which shall not extend over more than six of any seven consecutive days. Such regulation shall specify the names of the calendar days constituting the basic workweek and, for each of such calendar days, the number of hours of employment included within the basic workweek. (b) (1) A regularly scheduled administrative workweek which shall consist of the forty-hour basic workweek established in accordance with section 301 (a) of these regulations, plus such period of overtime work as will be regularly required of each group of employees. The periods of time included in such administrative workweek which do not constitute a part of the basic workweek shall be identified by names of calendar days and by number of hours per day for purposes of leave and overtime pay administration. (2) In the case of employees whose work includes periods during which they are required to remain on duty and render "stand-by service" at or within the confines of their stations, the length of the administrative workweek, for the purpose of these regulations, shall be the total number of regularly scheduled hours of duty per week (or in rotating-shift systems, the average number of regularly scheduled hours of duty per week for the cycle), including all such "stand-by" or "on call" time except that allowed by regulation of the department or independent establishment for sleep and meals. SEC. 302. Compensatory time off for irregular or occasional overtime duty. Heads of departments or independent establishments or agencies, including Government-owned or controlled corporations, may, with respect to officers and employees to whom these regulations apply, prescribe regulations effective as of July 1, 1945, for the granting of compensatory time off from duty, in lieu of overtime compensation, for irregular or occasional duty in excess of forty-eight hours in any regularly scheduled administrative workweek, to those per annum employees requesting such compensatory time off from duty. Part IV. Overtime Work and Overtime Compensation SEC. 401. Overtime compensation authorized. (a) Officers or employees to whom these regulations apply shall be paid overtime compensation, computed as provided in section 404 of these regulations, for all hours of employment officially ordered or approved in excess of forty hours in any administrative workweek, including irregular or occasional overtime duty. (b) Any per annum employee may request compensatory time off, in lieu of overtime pay, for irregular or occasional duty in excess of forty-eight hours in any regularly scheduled administrative workweek, in accordance with administrative regulations issued pursuant to section 302 of these regulations. Unless compensatory time off for such irregular or occasional overtime duty is specifically requested by the employee it shall be paid for in money when due. (c) Heads of departments or independent establishments or agencies, including Government-owned or controlled corporations, may delegate to any officer or employee authority to order or approve overtime in excess of the administrative workweek. No overtime in excess of the administrative workweek shall be ordered or approved except in writing by an officer or employee to whom such authority has been specifically delegated by the head of the department or independent establishment or agency, or Government-owned or controlled corporation. SEC. 402. Computation of overtime employment. The computation of the amount of overtime employment of an officer or employee shall be subject to the following conditions: (a) Leave with pay. Absence from duty on authorized leave with pay during the time when an employee would otherwise have been required to be on duty during the basic workweek (including authorized absence on legal holidays and during the compensatory time off provided for in section 302 and 401 (b) of these regulations) shall be considered to be employment and shall not have the effect of reducing the amount of overtime compensation to which the employee may be entitled during an administrative workweek. Leave of absence with pay shall not be charged for any absence which does not occur during the forty hours prescribed as the basic workweek. If in an administrative workweek, the officer or employee does not actually work during any overtime period in excess of the forty hours prescribed as the basic workweek, no overtime compensation shall be paid. (b) Night or holiday duty. Hours of night or holiday duty shall be considered as employment on the same basis as daytime hours or an ordinary day's duty for the purpose of computing the number of hours of overtime employment under these regulations. Any extra compensation for night or holiday duty shall not, however, be included in any basic rate in computing overtime compensation under these regulations. (c) Service subject to other overtime statutes. Overtime services for which overtime compensation is paid under any of the following statutes shall not form a basis for overtime employment under these regulations: Act of February 13, 1911, as amended (U.S.C., title 19, secs. 261 and 267) involving inspectors, storekeepers, weighers, and other customs officers and employees; Act of July 24, 1919, (41 Stat. 241; U.S.C., title 7, sec. 394) involving employees engaged in enforcement of Meat Inspection Act; Act of June 17, 1930, as amended (U.S.C., title 19, sec. 1450, 1451, and 1452) involving customs officers and employees; Act of March 2, 1931, (46 Stat. 1467; U.S.C., title 8, secs. 190a and 109b) involving inspectors and employees, Immigration and Naturalization Service; Act of May 27, 1936, as amended (52 Stat. 345; U.S.C., title 46, sec. 382b) involving local inspectors of steam vessels and assistants, U. S. shipping commissioners, deputies and assistants, and customs officers and employees; Act of March 23, 1941, (55 Stat. 46; U.S.C., sup. IV, title 47, sec. 154 (f) (2)) involving certain inspectors of the Federal Communications Commission; Act of June 3, 1944, (Public Law 328-78th Congress) involving customs officers and employees. SEC. 404. Computation of overtime compensation. (a) For employees whose basic compensation is at a rate less than $2,980 per annum, the overtime hourly rate shall be one and one-half times the basic hourly rate of compensation: Provided, That in computing such overtime compensation for per annum employees, the basic hourly rate of compensation shall be determined by dividing the basic per annum rate by two thousand and eighty (2,080). (b) For employees whose basic compensation is at a rate of $2,080 per annum or more, the overtime hourly rate shall be in accordance with and in proportion to the following schedule, subject to the limitation contained in subsection (c) of this section. Overtime rate of compensation Basic rate of compensation per 416 per annum: overtime hours $2,980------------------------------------------------------------------- $894.000 $3,090------------------------------------------------------------------- 885.554 $3,200------------------------------------------------------------------- 877.108 $3,310------------------------------------------------------------------- 868.662 $3,420------------------------------------------------------------------- 860.216 $3,530------------------------------------------------------------------- 851.770 $3,640------------------------------------------------------------------- 843.324 $3,750------------------------------------------------------------------- 834.878 $3,860------------------------------------------------------------------- 826.432 $3,970------------------------------------------------------------------- 817.986 $4,080------------------------------------------------------------------- 809.540 $4,190------------------------------------------------------------------- 801,194 $4,300------------------------------------------------------------------- 792.648 $4,410------------------------------------------------------------------- 784.202 $4,520------------------------------------------------------------------- 775.756 $4,630------------------------------------------------------------------- 767.310 $4,740------------------------------------------------------------------- 758.864 $4,960------------------------------------------------------------------- 741.972 $5,180------------------------------------------------------------------- 725.080 $5,390------------------------------------------------------------------- 708.955 $5,600------------------------------------------------------------------- 692.831 $5,810------------------------------------------------------------------- 676.707 $6,020------------------------------------------------------------------- 660.583 $6,230------------------------------------------------------------------- 644.458 $6,440 and over-------------------------------------------------------- 628.334 NOTE.-In the foregoing schedule the overtime rate for 416 overtime hours for any basic rate of compensation in excess of $2,980 per annum is computed by subtracting from $894, 7.6782 per centum of the amount by which such basic rate is in excess of $2,980 per annum; with the condition that the rate for 416 overtime hours for all salaries of $6,440 or more shall be $628.334. (c) Notwithstanding the provisions of subsection (b) of this section, the overtime compensation payable to any officer or employee to whom these regulations apply shall, with respect to any pay period, be limited to such rate as will not cause his aggregate compensation for such pay period to exceed a rate of $10,000 per annum: Provided, however, That any such officer or employee who was receiving overtime compensation on June 30, 1945, and whose aggregate rate of compensation on such date was in excess of $10,000 per annum may receive overtime compensation at such rate as will not cause his aggregate rate of compensation for any pay period to exceed the aggregate rate of compensation he was receiving on June 30, 1945, until he ceases to occupy the office or position he occupied on such date or until the overtime hours of work in his administrative workweek are reduced by action of the head of his department or independent establishment or agency, or Government-owned or controlled corporation, and when such overtime hours are reduced, such rate of overtime compensation shall be reduced proportionately. (d) Employees whose basic rate of compensation is fixed on an annual or monthly basis and adjusted from time to time in accordance with prevailing rates by wage boards or similar administrative authority serving the same purpose shall be entitled to overtime pay in accordance with the provisions of section 23 of the Act of March 28, 1934 (U.S.C., 1940 edition, title 5, sec. 673c). The rate of compensation for each hour of overtime employment of any such employee shall be computed as follows: (1) If the basic rate of compensation of the employee is fixed on an annual basis, divide such basic rate of compensation by two thousand and eighty (2080) and multiply the quotient by one and one-half; and (2) If the basic rate of compensation of the employee is fixed on a monthly basis, multiply such basic rate of compensation by twelve to derive a basic annual rate of compensation, divide such basic annual rate of compensation by two thousand eighty (2080), and multiply the quotient by one and one-half. (e) Whenever, for the purpose of computing overtime pay under these regulations, it is necessary to convert a basic monthly or annual rate to a basic weekly, daily or hourly rate the following rules shall govern: (1) A monthly rate shall be multiplied by 12 to derive an annual rate; (2) An annual rate shall be divided by 52 to derive a weekly rate; (3) A weekly rate shall be divided by 40 to derive an hourly rate; and (4) A daily rate shall be derived by multiplying an hourly rate by the number of daily hours of service required. CHAPTER II. PERIODIC WITHIN-GRADE SALARY ADVANCEMENT REGULATIONS Part I. Extent of Periodic Within-Grade Salary Advancement Regulations SEC. 101. Officers and employees to whom these regulations apply. These regulations apply to all officers and employees, except those who are appointed by the President, by and with the advice and consent of the Senate, who (a) are compensated on a per annum basis, (b) occupy permanent positions within the scope of the compensation schedules fixed by the Classification Act of 1923, as amended, and (c) have not reached the maximum rate of compensation for the grade in which their positions are respectively allocated. Part II. Definitions SEC. 201. Permanent positions. "Permanent positions" means positions other than those designated as temporary by law and other than those established for definite periods of one year or less. Positions to which appointments are made under the War Service Regulations for the duration of the war and six months thereafter are permanent positions within the scope of this definition. SEC. 202. Positions within the scope of the compensation schedules fixed by the Classification Act of 1923, as amended. "Positions within the scope of the compensation schedules fixed by the Classification Act of 1923, as amended", means positions in the departmental and field services, in the executive, legislative, and judicial branches, in Government-owned or Government-controlled corporations, and in the municipal government of the District of Columbia, the compensation of which has been fixed on a per annum basis, pursuant to the allocation of such positions to the appropriate grade either by the Civil Service Commission or by administrative action of the department, establishment, agency, or corporation concerned, in accordance with the compensation schedules of the Classification Act of 1923, as amended. SEC. 203. Equivalent increase in compensation. (a) "Equivalent increase in compensation" means any increase or increases in basic compensation which in total, at the time such increase or increases are made, are equal to or greater than the compensation increment in the lowest grade in which the employee has served during the time period of twelve or eighteen months, as the case may be. (b) The following are not "equivalent increases in compensation"; (1) Increases in basic rates of compensation provided by section 405 of the Federal Employees Pay Act of 1945; (2) Rewards for superior accomplishment as provided in sections 403 and 404 of the Federal Employees Pay Act of 1945; or (3) Increases as the result of the establishment of a new minimum rate for any class of positions in accordance with section 401 of the Federal Employees Pay Act of 1945. SEC. 204. Current efficiency. "Current efficiency" means the official efficiency rating on record appropriate for within-grade salary advancement purposes, in accordance with the uniform efficiency rating system. SEC. 205. War transfer. "War transfer" means any transfer authorized by the Civil Service Commission under Executive Order Nos. 8973 of December 12, 1941, or 9067 of February 20, 1942, War Manpower Commission Directive No. X, or War Service Regulation IX, under conditions entitling the employee to reemployment in his former position or a position of like seniority, status, and pay. SEC. 206. Satisfactory record on war transfer. "A satisfactory record on war transfer" means a record or finding that the transferred employee has been involuntarily furloughed or terminated without cause such as would reflect on his suitability for reemployment in the Federal service, from the position to which transferred. SEC. 207. Service in the merchant marine. "Service in the merchant marine" means service as an officer or member of the crew on or in connection with a vessel documented under the laws of the United States or a vessel owned by, chartered to, or operated by or for the account or use of the Administrator, War Shipping Administration, service as an enrollee in the United States Maritime Service on active duty, and, to such extent as said Administrator shall prescribe, any period awaiting assignment to such service and any period of education or training for such service in any school or institution under the jurisdiction of the Administrator. SEC. 208. Certificate of satisfactory service in the merchant marine. "Certificate of satisfactory service in the merchant marine" means the certificate issued by the War Shipping Administrator pursuant to the Act of June 23, 1943, 57 Stat. 162, U.S. Code, 1940 ed., supp. IV, Title 50 app., secs. 1471-1475, providing reemployment rights for persons who leave their positions to serve in the merchant marine. Part III. Computation of Periods of Service SEC. 301. Service to be credited. In computing the periods of service required for within-grade salary advancements there shall be credited to such service: (a) Continuous civilian employment in any branch (legislative, executive, or judicial), executive department, independent establishment or agency, or corporation of the Federal Government or in the municipal government of the District of Columbia. (b) Time elapsing on annual, sick, or other leave with pay. (c) Time elapsing in a non-pay status (including break in service) not exceeding thirty days within any one time period or twelve or eighteen months, as the case may be. (d) Service rendered prior to absence on furlough or leave without pay where such absence is in excess of thirty days but not exceeding one year. (e) Service in the armed forces, in the merchant marine, or on war transfer subject to the following conditions: The employee must have (1) left his position to enter the armed forces or the merchant marine, or to comply with a war transfer, (2) been separated under honorable conditions from active duty in the armed forces, or have received a certificate of satisfactory service in the merchant marine, or have a satisfactory record on war transfer, and (3) been restored, reemployed, or reinstated in any permanent position within the scope of the compensation schedules fixed by the Classification Act of 1923, as, amended, under regulations of the Civil Service Commission, or the provisions of any law providing for restoration or reemployment, or any other administrative procedure with respect to employees not subject to civil service rules and regulations. Any employee entitled to be credited with service under this subsection shall also be entitled to credit for civilian employment prior to leaving his position to enter the armed forces or the merchant marine, or to comply with a war transfer, in accordance with subsections (a), (b), (c), and (d) of this section. Part IV. Conditions of Eligibility for Periodic Within-Grade Salary Advancements SEC. 401. Eligibility requirements and effective date. Officers and employees to whom these regulations apply shall be advanced in compensation successively to the next higher rate within the grade at the beginning of the next pay period (including July 1, 1945) following the completion of (a) each twelve months of service if such officers or employees are in grades in which the compensation increments are less than $200 per annum or (b) each eighteen months of service if such officers or employees are in grades in which the compensation increments are $200 or more, subject to the following conditions: (1) That no equivalent increase in compensation from any cause was received during such period; (2) That an officer or employee shall not be advanced unless his current efficiency rating is "Good" or better than "Good." (3) That the service and conduct of such officers or employee are certified by the head of the department or independent establishment or agency, or Government-owned or controlled corporation, or such official as he may designate as being otherwise satisfactory. SEC. 402. Exceptions to conditions (2) and (3) stated in section 401. Conditions (2) and (3) of section 401 shall not apply upon the return to duty of any officer or employee (a) who, while serving under permanent, war service, temporary, or any other type of appointment, left his position to enter the armed forces or the merchant marine, or to comply with an war transfer, (b) who has been separated under honorable conditions from active duty in the armed forces, or has received a certificate of satisfactory service in the merchant marine, or has a satisfactory record on war transfer, and (c) who, under regulations of the Commission or the provisions of any law providing for the restoration or reemployment, or under any other administrative procedure with respect to officers and employees not subject to civil service rules and regulations, is restored, reemployed, or reinstated in a permanent position within the scope of the compensation schedules fixed by the Classification Act of 1923, as amended, in which he would otherwise be eligible for within-grade salary advancement under these regulations. Part V. Effect of Efficiency-Rating Changes SEC. 501. Effect of efficiency-rating changes. In the event a change or adjustment is made in an officer's or employee's current efficiency rating, either by administrative action or as the result of a review and determination by a board of review in accordance with the provisions of section 9 of the Classification Act of 1923, as amended, the employee's eligibility for salary advancement shall be determined according to the efficiency rating as changed or adjusted and other conditions of the salary advancement plan, and any periodic within-grade salary advancement to which he may be entitled shall be made effective as of the date he would have received the advancement had no error been made in the original rating. CHAPTER III. NIGHT PAY DIFFERENTIAL REGULATIONS Part I. Extent of Night Pay Differential Regulations SEC. 101. Employees to whom these regulations apply. These regulations apply to all civilian officers and employees in or under the executive branch of the United States Government, including Government-owned or controlled corporations, except those specified in section 102 of these regulations. SEC. 102. Employees to whom these regulations do not apply. These regulations do not apply to: (a) Elected officials; (b) Heads of departments or independent establishments or agencies, including Government-owned or controlled corporations; i.e., heads of governmental establishments in the executive branch which are not component parts of any other such establishments. (c) Officers and employees in or under the field service of the Post Office Department; (d) Employees whose basic compensation is fixed and adjusted from time to time in accordance with prevailing rates by wage boards or similar administrative authority serving the same purpose; (e) Employees outside the continental limits of the United States, including those in Alaska, who are paid in accordance with local prevailing native wage rates for the area in which employed; (f) Officers and employees of the Inland Waterways Corporation; (g) Officers and employees of the Tennessee Valley Authority; (h) Individuals to whom the provisions of section 1 (a) of the Act entitled "An Act to amend and clarify certain provisions of law relating to functions of the War Shipping Administration, and for other purposes", approved March 24, 1943, (Public Law No. 17-78th Cong.), are applicable; (i) Officers and members of the United States Park Police and the White House Police; (j) Employees of the Transportation Corps of the Army of the United States on vessels operated by the United States, vessel employees of the Coast and Geodetic Survey, and vessel employees of the Panama Railroad Company; (k) Employees of the Bureau of Engraving and Printing who are entitled to a night pay differential under the Act of July 1, 1944 (Public Law 394-78th Cong.); and (l) Employees who are entitled to additional compensation for night work under any provision of law other than section 301 of the Federal Employees Pay Act of 1945. Part II. Definitions SEC. 201. Basic rate of compensation. "Basic rate of compensation" means the rate of compensation fixed by law or administrative regulation for the position held by the officer or employee, exclusive of overtime compensation and extra pay for night or holiday work but inclusive of (a) any salary differential for duty outside the continental United States, or in Alaska, and (b) the value of quarters, subsistence, and other maintenance allowances under section 3 of the Act of March 5, 1928, 45 Stat. 193, U.S. Code, Title 5, sec. 75a. SEC. 202. Regularly scheduled tour of duty. "Regularly scheduled tour of duty" means the regular administrative workweek prescribed by the general public regulations issued by the head of a department or independent establishment or agency, including Government-owned or controlled corporations, in accordance with section 301 (b) of the Overtime Pay Regulations issued by the Civil Service Commission pursuant to the Federal Employees Pay Act of 1945. SEC. 203. Night work. "Night work" means that part of a regularly scheduled tour of duty which falls between 6 o'clock p.m. and 6 o'clock a.m. SEC. 204. Night pay differential. "Night pay differential" means the ten percent increase over the officer's or employee's basic rate of compensation, authorized by section 301 of the Federal Employees Pay Act of 1945. Part III. Night Work and Payment of Night Differential SEC. 301. Night pay differential authorized. Any officer or employee to whom these regulations apply shall be entitled to a ten percent increase over his basic rate of compensation for all hours of night work, computed in accordance with section 302 (c) of these regulations. SEC. 302. Computation of night pay differential. (a) Leave. Payment of a night pay differential is not authorized during any period when the officer or employee is in a leave status. (b) Overtime. The night pay differential shall not be included in the basic rate of compensation in computing any overtime compensation to which the officer or employee may be entitled. (c) Computation of rate of night pay differential. Whenever it is necessary to convert a basic monthly or annual rate to a basic weekly, daily, or hourly rate for the purpose of computing the amount of the night pay differential the following rules shall govern: 1. A monthly rate shall be multiplied by 12 to derive an annual rate; 2. An annual rate shall be divided by 52 to derive a weekly rate; 3. A weekly rate shall be divided by 40 to derive an hourly rate; and 4. A daily rate shall be derived by multiplying an hourly rate by the number of daily hours of service required. U.S. Civil Service Commission. Approved: June 29, 1945. H.B. MITCHELL, LUCILE FOSTER MCMILLIN, ARTHUR S. FLEMING, Commissioners. THE WHITE HOUSE, June 30, 1945. Approved: HARRY S. TRUMAN