[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR550.101]

[Page 490-491]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.101  Coverage and exemptions.

    Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv), 
5545a(h)(2)(B) and (i), 5548, and 6101(c); sections 407 and 2316, Pub. 
L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); E.O. 
12748, 3 CFR, 1992 Comp., p. 316.

                           General Provisions


    (a) Employees to whom this subpart applies. (1) This subpart applies 
to each employee in or under an Executive agency, as defined in 5 U.S.C. 
105, except those named in paragraphs (b) and (c) of this section.
    (2) The sections in this subpart incorporating special provisions 
for certain types of work (Secs. 550.141 through 550.164, inclusive) 
apply also to each employee of the judicial branch or the legislative 
branch who is subject to subchapter V of chapter 55 of title 5, United 
States Code.
    (b) Employees to whom this subpart does not apply. This subpart does 
not apply to:
    (1) An elected official;
    (2) The head of a department;
    (3) [Reserved]
    (4) An employee whose pay is fixed and adjusted from time to time in 
accordance with prevailing rates under subchapter IV of chapter 53 of 
title 5, United States Code, or by a wage board or similar 
administrative authority serving the same purpose, except that 
Sec. 550.113(d) is applicable to such an employee whose rate of basic 
pay is fixed on an annual or monthly basis;
    (5) An employee outside the continental United States or in Alaska 
who is paid in accordance with local prevailing wage rates for the area 
in which employed;
    (6) An employee of the Tennessee Valley Authority;
    (7) An employee of the Central Intelligence Agency (sec. 10, 63 
Stat. 212, as amended; 50 U.S.C. 403j);
    (8) A seaman to whom section 1(a) of the act of March 24, 1943 (57 
Stat. 45; 50 U.S.C. App. 1291(a)) applies;
    (9) A member of the United States Park Police or the United States 
Secret Service Uniformed Division, except for the purpose of night pay 
under Secs. 550.121 and 550.122, pay for holiday work under 
Secs. 550.131 and 550.132, and pay for Sunday work under Secs. 550.171 
and 550.172 of this subpart;
    (10) An officer or member of the crew of a vessel, whose pay is 
fixed and adjusted from time to time as nearly as is consistent with the 
public interest in accordance with prevailing rates and practices in the 
maritime industry (30 Comp. Gen. 158);
    (11) A civilian keeper of a lighthouse, or a civilian employed on a 
lightship or another vessel of the Coast Guard (14 U.S.C. 432(f));
    (12) A physician, dentist, nurse, or any other employee in the 
Department of Medicine and Surgery, Veterans Administration, whose pay 
is fixed under chapter 73 of title 38, United States Code;
    (13) A student-employee as defined by section 5351 of title 5, 
United States Code;
    (14) An employee of the Environmental Science Services 
Administration engaged in the conduct of meteorological investigations 
in the Arctic region (62 Stat. 286; 15 U.S.C. 327);
    (15) An employee of a Federal land bank, a Federal intermediate 
credit bank, or a bank for cooperatives;
    (16) A ``teacher'' or an individual holding a ``teaching position'' 
as defined by section 901 of title 20, United States Code;
    (17) A Foreign Service officer or a member of the Senior Foreign 
Service; or
    (18) A member of the Senior Executive Service.
    (c) Employees to whom Secs. 550.111, 550.113, and 550.114 of this 
subpart do not apply. Except for the purpose of determining hours of 
work in excess of 8 hours in a day, Secs. 550.111, 550.113, and 550.114 
of this subpart do not apply to an employee who is subject to the 
overtime pay provisions of section 7 of the Fair Labor Standards Act of 
1938 and part 551 of this chapter.
    (d) Services to which this subpart does not apply. This subpart does 
not apply to overtime, night, Sunday, or holiday

[[Page 491]]

services for which additional pay is provided by the act of:
    (1) February 13, 1911, as amended (36 Stat. 899, as amended; 19 
U.S.C. 261, 267), involving customs inspectors and canine enforcement 
officers;
    (2) July 24, 1919 (41 Stat. 241; 7 U.S.C. 394), involving employees 
engaged in enforcement of the Meat Inspection Act;
    (3) March 2, 1931 (46 Stat. 1467; 8 U.S.C. 1353a), involving 
inspectors and employees, Immigration and Naturalization Service;
    (4) May 27, 1936, as amended (49 Stat. 1380, as amended; 46 U.S.C. 
382b), involving local inspectors of steam vessels and assistants, U.S. 
shipping commissioners, deputies, and assistants, and customs officers 
and employees;
    (5) March 23, 1941 (55 Stat. 46; 47 U.S.C. 154(f)(3)), involving 
certain engineers of the Federal Communications OPM;
    (6) August 4, 1949 (63 Stat. 495; 7 U.S.C. 349a), involving 
employees of the Bureau of Animal Industry who work at establishments 
which prepare virus, serum, toxin, and analogous products for use in the 
treatment of domestic animals; or
    (7) August 28, 1950 (64 Stat. 561; 7 U.S.C. 2260), involving 
employees of the Department of Agriculture performing inspection or 
quarantine services relating to imports into and exports from the United 
States.

[33 FR 12458, Sept. 4, 1968, as amended at 48 FR 3933, Jan. 28, 1983; 56 
FR 20341, May 3, 1991; 57 FR 2432, Jan. 22, 1992; 64 FR 69174, Dec. 10, 
1999]