Page:United States Statutes at Large Volume 105 Part 1.djvu/261

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PUBLIC LAW 102-40—MAY 7, 1991 105 STAT. 233 rate equal to such hourly rate of basic pay, for that holiday service, including overtime service. Any service required to be performed by a nurse on such a designated holiday shall be deemed to be a minimum of two hours in duration. "(e)(l) A nurse performing officially ordered or approved hours of service in excess of 40 hours in an administrative workweek, or in excess of eight hours in a day, shall receive overtime pay for each hour of such additional service. The overtime rates shall be one and one-half times such nurse's hourly rate of basic pay. "(2) For the purposes of this subsection, overtime must be of at least 15 minutes duration in a day to be creditable for overtime pay. "(3) Compensatory time off in lieu of pay for service performed under the provisions of this subsection shall not be permitted, except as voluntarily requested in writing by the nurse in question. "(4) Any excess service performed under this subsection on a day when service was not scheduled for such nurse, or for which such nurse is required to return to the nurse's place of employment, shall be deemed to be a minimum of two hours in duration. "(5) For the purposes of this subsection, the period of a nurse's officially ordered or approved travel away from such nurse's duty station may not be considered to be hours of service unless— "(A) such travel occurs during such nurse's tour of duty; or "(B) such travel— "(i) involves the performance of services while traveling, "(ii) is incident to travel that involves the performance of services while traveling, "(iii) is carried out under arduous conditions as determined by the Secretary, or "(iv) results from an event which could not be scheduled or controlled administratively. "(f) For the purpose of computing the additional pay provided by subsections (b), (c), (d), or (e), a nurse's hourly rate of basic pay shall be derived by dividing such nurse's annual rate of basic pay by 2,080. "(g) When a nurse is entitled to two or more forms of additional pay under subsections (b), (c), (d), or (e) for the same period of service, the amounts of such additional pay shall be computed separately on the basis of such nurse's hourly rate of basic pay, except that no overtime pay as provided in subsection (e) shall be payable for overtime service performed on a holiday designated by Federal statute or Executive order in addition to pay received under subsection (d) for such service. "(h) A nurse who is officially scheduled to be on call outside such nurse's regular hours or on a holiday designated by Federal statute or Executive order shall be paid for each hour of such on-call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 percent of the hourly rate for excess service as provided in subsection (e). "(i) Any additional pay paid pursuant to this section shall not be considered as basic pay for the purposes of the following provisions of title 5 (and any other provision of law relating to benefits based on basic pay): "(1) Subchapter VI of chapter 55. "(2) Section 5595. "(3) Chapters 81, 83, 84, and 87 of title 5. "(j)(1) Notwithstanding any other provision of law and subject to paragraph (2), the Secretary may increase the rates of additional