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Law Enforcement Officers Premium Pay Entitlements

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Law enforcement officers (LEO) who qualify for the special overtime rate and higher LEO biweekly maximum earnings limitation are those who qualify for early retirement under 5 U.S.C. 8331(20) and 8401(17) and generally those whose positions have been approved by OPM for early retirement. For purposes of early retirement, a LEO is one who - is eligible for early retirement under FERS or CSRS; a LEO whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States when such duties are so rigorous they require young and physically vigorous individuals; also an individual transferred directly to an administrative or supervisory position after performing the duties just described for a minimum of three years.

Biweekly Maximum Earnings Limitation

An EXEMPT LEO within the meaning of the 5 U.S.C. 8331(20) or 8401(17) may be paid premium pay only to the extent that the payment does not cause the total of base pay and premium pay to exceed the lesser of:

  • 150 percent of the minimum rate of base pay for GS-15, or
  • The rate payable for Level V of the Executive Schedule.

Overtime Standards

Exempt LEOs - Overtime for an exempt LEO is all hours of work under Title 5 in excess of 8 in a day (daily standard) or 40 in a week (weekly standard).

Overtime Rate

An exempt LEO covered by sections 8331(20) or 8401(17) of Title 5 whose rate of basic pay exceeds the minimum rate for GS-10 (see rate of basic pay definition), will be paid the greater of:

  • The hourly rate for his or her position, or
  • One and one half times the hourly rate for GS-10.

NOTE: rate of basic pay for premium pay purposes means the rate fixed by law for the position, including any applicable locality-based comparability payment under 5 U.S.C. 5304, any special rate for law enforcement officers under Section 403 or 404 of the Federal Employees Pay Comparability Act of 1990 (FEPCA) or a special rate under 5 U.S.C. 5305 before deductions and exclusive of additional pay of any other kind.

If the employee's rate of basic pay has been adjusted by locality-based comparability pay, the rate used in discussion of premium pay must be similarly adjusted, e.g., the rate for GS-15 (referenced in maximum earnings limitation and the rate for GS-10 referenced in overtime, compensatory time, or annual premium pay must be similarly adjusted, i.e., it must be quoted from the same salary chart as the employee's base rate).

Availability Pay

Overtime on an annual basis equal to 25% of the LEOs adjusted rate of pay. It is payable to any LEO properly classified to the 1811 or 1812 Criminal Investigation series for unscheduled hours of duty which average not less than 2 hours daily over the course of a year. LEOs whose principal work comprises compliance checks and inspections are not eligible.

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