Administratively Uncontrollable Overtime

The issue presented was whether a U.S. Deputy Marshal would be entitled to overtime pay for administratively uncontrollable overtime (AUO) for the final three pay periods before the U.S. Marshal's Service discontinued such pay on an annual basis. The employee believed that, due to a three pay period lag between the end of the computation period for the work performed and the eligibility period, pay for the AUO remained unpaid. It was held that premium pay for AUO is current pay for the pay periods when it was received, even though the rate was based on AUO performed in a prior computation period. Furthermore, premium pay for AUO is in lieu of all other forms of compensation for irregular or occasional overtime. Therefore, the employee received the correct amount of pay and was not entitled to additional premium pay.