[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: 5CFR550.186]

[Page 509-510]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.186  Relationship to other payments.

    (a) Standby duty pay under Sec. 550.141 and administratively 
uncontrollable overtime pay under Sec. 550.151 may not be

[[Page 510]]

paid to a criminal investigator receiving availability pay. Receipt of 
availability pay does not affect an investigator's entitlement to other 
types of premium pay (including overtime pay under Sec. 550.111) based 
on hours other than unscheduled duty hours. However, a criminal 
investigator receiving availability pay may not be paid any other 
premium pay based on unscheduled duty hours.
    (b) Availability pay is treated as part of basic pay or basic salary 
only for the following purposes:
    (1) 5 U.S.C. 5524a, pertaining to advances in pay;
    (2) 5 U.S.C. 5595(c), pertaining to severance pay;
    (3) 5 U.S.C. 8114(e), pertaining to workers' compensation;
    (4) 5 U.S.C. 8331(3) and 5 U.S.C. 8401(4), pertaining to retirement 
benefits;
    (5) Subchapter III of chapter 84 of title 5, United States Code, 
pertaining to the Thrift Savings Plan;
    (6) 5 U.S.C. 8704(c), pertaining to life insurance;
    (7) Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act 
of 1980, as amended (Pub. L. 96-465), pertaining to Foreign Service 
retirement benefits; and
    (8) For any other purposes explicitly provided for by law or as the 
Office of Personnel Management or the Secretary of State (for matters 
exclusively within the jurisdiction of the Secretary) may prescribe by 
regulation.
    (c) The minimum wage and the hours of work and overtime pay 
provisions of the Fair Labor Standards Act do not apply to criminal 
investigators receiving availability pay.

[59 FR 66151, Dec. 23, 1994, as amended at 64 FR 4521, Jan. 29, 1999; 64 
FR 36771, July 8, 1999]