Sec. 170202. Pandemic duty differential
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/bill/116/hr/6800/pcs/section-170202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established a schedule of pay differentials for covered duty as follows: Subject to the availability of amounts provided in this title, and the conditions of subsection (b)(3), an employee is entitled to pay for that covered duty at the rate of basic pay, which includes any differential or other premium pay paid for regularly scheduled work of the employee other than the differential established under this section, of the employee plus premium pay of $13 per hour. The total amount of premium pay paid to an employee under paragraph
(1)shall be— with respect to an employee whose annual rate of basic pay is less than $200,000, not more than $10,000 reduced by employer payroll taxes (as defined in section 170101(4)) with respect to such premium pay; and with respect to an employee whose annual rate of basic pay is not less than $200,000, not more than $5,000 reduced by employer payroll taxes (as so defined) with respect to such premium pay. With respect to the covered period, an employee is entitled to be paid the applicable differential established under subsection
(a)for any period, including any period during the covered period that precedes the date of enactment of this Act, in which the employee is carrying out covered duty, subject to the applicable limitations under that subsection. With respect to a payment earned by an employee under this section for a period during the covered period that precedes the date of enactment of this Act, the employee shall be paid that payment in a lump sum payment as soon as is practicable after that date of enactment. An employee shall be entitled to be paid the applicable differential established under subsection
(a)only to the extent that amounts provided in this title will be made available to such employee’s agency pursuant to section 170204(c)(1) in an amount sufficient to provide such applicable differential to all such eligible employees. The Office of Personnel Management shall develop criteria for agencies in the executive branch of the Federal Government regarding the means by which to determine the eligibility of an employee in such an agency for the pay differential established under this section, which shall— be based on— the duties performed by the employee; the setting in which the employee performs the duties described in subclause (I); and the interactions with the public required in order for the employee to perform the duties described in subclause (I); and apply equally to all such agencies. The Office of Personnel Management may prescribe regulations implementing the pay differential under this section with respect to employees in the executive branch of the Federal Government. The employing authority for each agency that is not in the executive branch of the Federal Government— shall develop criteria regarding the means by which to determine the eligibility of an employee in such an agency for the pay differential established under this section; and may prescribe regulations implementing the pay differential under this section with respect to employees in the applicable agency. Any criteria developed, and regulations prescribed, by an agency under subparagraph
(A)shall, to the extent practicable, be comparable to any criteria developed and regulations prescribed by the Office of Personnel Management under paragraph (1).