104 STAT. 1460
PUBLIC LAW 101-509 —NOV. 5, 1990
"(e) At the request of the head of an Executive agency, the
President may authorize the appHcation of the preceding provisions
of this section with respect to 1 or more categories of employees
within such agency who would not otherwise be covered by this
section (including authority under subsection (d) to prescribe any
necessary regulations).".
(b) TABLE OF SECTIONS.— The table of sections for chapter 57 of
title 5, United States Code, is amended by adding srfter the item
relating to section 5752 the following new items:
"5753. Recruitment and relocation bonuses.
"5754. Retention allowances.
5 USC 5305 note. SEC. 209. STAFFING DIFFERENTIALS.
(a) IN GENERAL.— Effective on the first day of the first applicable
pay period beginning on or after January 1, 1991, the President may
establish staffing differentials equal to 5 percent of basic pay, which
may be paid to each General Schedule employee whose position is
in—
(1) grade GS-5 or 7 of the General Schedule; or
(2) a 2-grade-interval occupational series, as determined by
the Office of Personnel Management.
(b) MANNER OF PAYMENT; REDUCTION OR ELIMINATION.— A staffing
differential under this section—
(1) shall be paid in the same manner and at the same time as
the employee's basic pay is paid, but may not be considered to
be part of basic pay for any purpose; and
(2) may be reduced or eliminated by the Office of Personnel
Management in its sole discretion as the amendments made by
this Act take effect, except that no such reduction or elimination shall have the effect of reducing the total amount of pay
(determined by adding basic pay and staffing differential) which
any employee is receiving.
SEC. 210. PREMIUM PAY AMENDMENTS.
Subchapter V of chapter 55 of title 5, United States Code, is
amended—
(1) in section 5542, by adding at the end the following new
subsection:
"(c) Subsection (a) shall not apply to an employee who is subject to
the overtime pay provisions of section 7 of the Fair labor Standards
Act of 1938. In the case of an employee who would, were it not for
the preceding sentence, be subject to this section, hours of work in
excess of 8 hours in a day shall be deemed to be overtime hours for
the purposes of such section 7 and hours in a paid nonwork status
shall be deemed to be hours of work.";
(2) in section 5543(a)(l), by inserting after **payment" the
following: "under section 5542 or section 7 of the Fair Labor
Standards Act of 1938"; and
(3) in section 5544, by adding at the end of subsection (a) "This
section, other than the sixth sentence, shall not be applicable to
an employee who is subject to the overtime pay provisions of
section 7 of the Fair Labor Standards Act of 1938. In the case of
an employee who would, were it not for the preceding sentence,
be subject to this section, hours of work in excess of 8 hours in a
day shall be deemed to be overtime hours for the purposes of
such section 7 and hours in a paid nonwork status shall be
deemed to be hours of work.".
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