B-160702, FEB. 10, 1967

B-160702: Feb 10, 1967

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SUBSECTION (B) WOULD SPECIFY THOSE SITUATIONS IN WHICH AN EMPLOYEE WHO IS COVERED BY SUBSECTION (A) IS ELIGIBLE TO RECEIVE PREMIUM PAY FOR OVERTIME. SUNDAY PREMIUM PAY IS AUTHORIZED BY SECTION 405. SINCE IT IS NOT OVERTIME. PAYMENT OF SUNDAY PREMIUM PAY IS NOT PROHIBITED BY 5 U.S.C. 4109. OUR VIEW IS THAT SUNDAY PREMIUM PAY.

B-160702, FEB. 10, 1967

TO UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF JANUARY 17, 1967, ASKS WHETHER WE SEE ANY OBJECTION TO A PROPOSED AMENDMENT OF SECTION 410.602 OF THE CIVIL SERVICE REGULATIONS DESIGNED TO PROHIBIT SUNDAY PREMIUM PAY IN CONNECTION WITH TRAINING, EXCEPT IN THOSE INSTANCES IN WHICH THE REGULATIONS AUTHORIZE THE ALLOWANCE OF OVERTIME, HOLIDAY AND NIGHT DIFFERENTIAL PAY.

SUBSECTION 410.602 (A) OF THE AMENDMENT WOULD PROHIBIT PREMIUM PAY (INCLUDING PAY FOR SUNDAY WORK) TO AN EMPLOYEE ENGAGED IN TRAINING. SUBSECTION (B) WOULD SPECIFY THOSE SITUATIONS IN WHICH AN EMPLOYEE WHO IS COVERED BY SUBSECTION (A) IS ELIGIBLE TO RECEIVE PREMIUM PAY FOR OVERTIME, HOLIDAY, NIGHT, OR SUNDAY WORK. PREMIUM PAY SO AUTHORIZED WOULD BE IN ACCORDANCE WITH PAY AUTHORITIES APPLICABLE TO THE EMPLOYEE.

SUNDAY PREMIUM PAY IS AUTHORIZED BY SECTION 405, SUBSECTIONS (C) AND (F), OF THE FEDERAL EMPLOYEES SALARY ACT OF 1966, 80 STAT. 297, 298, AND 39 U.S.C. 3573 (E), AS AMENDED BY SECTION 5 (B) OF THE FEDERAL EMPLOYEES SALARY ACT OF 1965, 79 STAT. 1115. SINCE IT IS NOT OVERTIME, HOLIDAY OR NIGHT DIFFERENTIAL PAY, PAYMENT OF SUNDAY PREMIUM PAY IS NOT PROHIBITED BY 5 U.S.C. 4109.

OUR VIEW IS THAT SUNDAY PREMIUM PAY, AS CONTEMPLATED BY THE ABOVE PROVISIONS, PROPERLY MAY BE THE SUBJECT OF REGULATION BY THE COMMISSION UNDER THE AUTHORITY GRANTED IT BY 5 U.S.C. 4118 (A) (8). CF. 38 COMP. GEN. 363.

THEREFORE, WE PERCEIVE NO OBJECTION TO THE PROMULGATION OF THE PROPOSED AMENDMENT TO SECTION 410.602 OF THE CIVIL SERVICE REGULATIONS.