Effect of Pay Ceiling on Title 5 Premium Pay

A decision was requested by the Professional Air Traffic Controllers Organization as to the limit title 5 of the U. S. Code imposed on the aggregate biweekly pay for a Federal employee. The statute provides that an employee may be paid premium pay, including overtime, night, standby, Sunday, and holiday pay, only to the extent that the payment does not cause his aggregate rate of pay for any one pay period to exceed the maximum rate for GS-15. The Organization argued that the maximum rate for GS-15 in title 5 meant the maximum scheduled rate, and that recent appropriations acts which limit the maximum rate payable for GS-15 apply to basic pay only, and not to premium or aggregate pay. Even though recent appropriations acts do apply directly to basic pay, title 5 imposes a limitation on aggregate pay, prescribed in terms of basic pay. Therefore, the maximum aggregate biweekly basic and premium pay allowable under title 5 is the maximum biweekly rate payable for GS-15. Accordingly, the Organization's argument that the maximum rate for GS-15 was the maximum scheduled rate rather than the maximum payable rate was rejected.