Page:United States Statutes at Large Volume 92 Part 1.djvu/812

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 758

PUBLIC LAW 95-390—SEPT. 29, 1978

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(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work, which occur outside of the night work hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such

total, do not exceed 8 hours, and

(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated. (2) Notwithstanding section 5343(f) of title 5, United States Code, and 4107(e)(2) of title 38, United States Code, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized; except that such differential shall be paid to an employee on a flexible schedule under this title— (A) in the case of an employee subject to such section 5343(f), for which all or a majority of the hours of such schedule for any 4; day fall between the hours specified in such section, or (B) in the case of an employee subject to such section 4107 |. (e)(2), for which 4 hours of such schedule fall between the hours pi specified in such section. ,, ,, HOLIDAYS

5 USC 6101 note.

g^,^^ ^04. Notwithstanding sections 6103 and 6104 of title 5, United States Code, if any employee on a flexible schedule under this title is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a parttime employee, an appropriate portion of the employee's biweekly basic work requirement as determined under regulations prescribed by the Commission). TIME-RECORDING DEVICES

5 USC 6101 note.

SEC. 105. Notwithstanding section 6106 of title 5, United States Code, the Commission or an agency may use recording clocks as part of its experiments under this title. C R E D I T H O U R S; A C C U M U L A T I O N A N D COMPENSATION

5 use6101 note.

SEC 106. (a) Subject to any limitation prescribed by the Commission or the agency, a full-time employee on a flexible schedule can accumulate not more than 10 credit hours, and a part-time employee can accumulate not more than one-eighth of the hours in such employee's biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period. (b) Any employee who is on a flexible schedule experiment under this title and who is no longer subject to such an experiment shall be paid at such employee's then current rate of basic pay for— (1) in the case of a full-time employee, not more than 10 credit hours accumulated by such employee, or