Sec. 1107. Authority to waive annual limitations on premium and aggregate pay for certain Federal civilian employees working overseas
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Section 5547 of title 5, United States Code, is amended by adding at the end the following new subsection: Subsection
(a)shall not apply to an employee who performs work while assigned to duty in a designated zone of armed conflict. Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection
(a)to the extent that the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the annual rate of salary payable to the Vice President under section 104 of title 3. Notwithstanding paragraph (1), the Office of Personnel Management may prescribe a minimum period during which an employee is assigned to duty in a designated zone of armed conflict in order to be covered by such paragraph. To the extent that a waiver under paragraph
(1)results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551. The Office of Personnel Management may prescribe regulations to ensure appropriate consistency among heads of Executive agencies in the exercise of the authority granted by this subsection. For the purpose of this subsection— assigned to duty in refers to an employee who is officially assigned to work or duty (including serving on temporary duty) in a designated zone of armed conflict, which may include short periods away from the zone to perform work in connection with the assignment, subject to any limitations or requirements established by regulation or official policy; and designated zone of armed conflict means a foreign country or other foreign geographic area outside of the United States (as that term is defined in section 202(7) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 4302(7) ) that is designated by the Secretary of State, in coordination with the Secretary of Defense, as an area where there are exceptional levels of armed violence. In making such a designation, the Secretary of State may consider— whether the Armed Forces of the United States are involved in hostilities in the country or area; whether the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well-being of United States civilian employees in the country or area; whether the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986; whether a contingency operation involving combat operations directly affects civilian employees in the country or area; or any other relevant conditions and factors. The authority under this subsection expires at the close of December 31, 2015. . Section 5307 of such title is amended— in subsection (a)(1), by striking or as otherwise provided under subsection
(d)and inserting or as otherwise provided by this section ; and by adding at the end the following new subsection: The preceding subsections of this section shall not apply to payments in addition to basic pay earned by an employee during a calendar year for performing work while assigned to duty in a designated zone of armed conflict (as such terms are defined in section 5547(e)(6)(A) and (B)). For the purpose of this subsection, the term basic pay includes any applicable locality-based comparability payment under section 5304, any applicable special rate supplement under section 5305, and any similar payment under any other provision of law. Notwithstanding paragraph (1), the Office of Personnel Management may prescribe a minimum period during which an employee is assigned to duty in a designated zone of armed conflict in order to be covered by such paragraph. The Office of Personnel Management may prescribe regulations to implement this subsection. The authority in paragraph
(1)shall not apply to calendar years after 2015. . Section 9903(d) of such title is amended— in subparagraph
(1)by striking 12-month period and inserting calendar year ; and in subparagraph (2)(B) by striking in support of a contingency operation (as defined by and inserting section 101(a)(13) of title 10 to duty in a designated zone of armed conflict (as such terms are defined in section 5547(e)(5)(A) and
(B). The amendments made by subsection
(a)shall apply to premium payments payable on or after January 1, 2014. The amendments made by subsections
(b)and
(c)shall take effect on January 1, 2014.
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Sec. 1107
Authority to waive annual limitations on premium and aggregate pay for certain Federal civilian employees working overseas
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