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Amendments to appendix A may be made by OPM on its own motion or at the request of an agency, as defined in 5 U.S.C. 5102(a)(1). (See 5 CFR 550.903(b).) The request for a hazard pay differential must be made by the head of an agency or an official who has been delegated the authority to act for the head of the agency in the matter concerned.
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Previously, each employing agency was responsible for establishing an order of precedence for applying deductions from the gross pay of its civilian employees when gross pay was not sufficient to cover all authorized deductions.A memorandum dated July 30, 2008, to agency Human Resources Directors and payroll offices provides policy guidance to standardize the order of precedence when gross pay is not sufficient to permit all deductions. This guidance is part of the e-Payroll standardization initiative managed by the Office of Management and Budget and the U.S. Office of Personnel Management (OPM) and helps ensure consistency among payroll providers in the processing activities involved in ordering deductions when pay is insufficient to permit all deductions. The memorandum is on OPM's website at the link below.
http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=1477
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Agencies should use the standard method, since the employee is covered by the same pay schedules (i.e., locality rate schedules) before and after promotion. Pay schedule is defined in 5 CFR 531.203 as “a set of rate ranges established for GS employees under a single authority—i.e., the General Schedule, an LEO special base rate schedule (for grades GS-3 through 10), a locality rate schedule based on GS rates, a locality rate schedule based on LEO special base rates (for grades GS-3 through 10), or a special rate schedule.” Since LEO special base rates apply only at grades GS-3 through 10, the locality rates at the other grades on the LEO locality rate schedules are based on GS rates. Therefore, the same locality rate schedules apply before, and after the promotion, and the agency should apply the standard method.
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Yes, because an employee is in a pay status during overtime hours. However, the hazardous duty pay is computed on the employee's hourly rate of basic pay, not his or her hourly overtime rate. (5 CFR 550.905 and 5 U.S.C. 5545(d)(2))
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If an employee voluntarily separates from Federal service before completing the period of service required in the applicable service agreement or violates any other condition that specifically triggers a reimbursement requirement under the agreement, he or she is obligated to reimburse the paying agency for the full amount of the loan repayment benefits provided (gross before any tax deductions from the loan payment). For example, if an employee’s agreement states that he or she will receive $10,000 per year for 3 years, and the employee leaves with 6 months remaining on the service agreement after receiving $25,000 in loan repayment benefits, the employee must reimburse the paying agency for $25,000.
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OPM typically asks agencies to submit the following information with amendment requests, as applicable:
- a detailed description of the hazardous duty or physical hardship (i.e., explain what causes the hazard);
- specific wording of the proposed category (as it would appear in appendix A), including the threshold for payment and the recommended percentage to be paid;
- information on ways to mitigate the hazard (e.g., training, use of safety procedures and equipment);
- information on the measures the agency has taken to practically eliminate the hazard;
- an explanation of why the hazard is "unusual;"
- information on Occupational Safety and Health Administration standards or other published material on safety for the work situation. Information on how the agency will determine whether the hazard is reduced to a less than significant level;
- descriptions of and statistics on actual accidents or injuries that have occurred because of exposure to the hazard or physical hardship;
- information on when a decision is made not to expose an employee to the hazard or physical hardship;
- information about other Federal agencies that may be affected by such a category;
- information on Federal Wage System employees in the agency that may be exposed to the hazard or physical hardship in the same manner; and
- whether and in what manner the hazard has affected the classification of the position.
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Yes. All “highly qualified” personnel, regardless of job series, including Senior Executive Service members, Federal Wage System employees, and employees covered by administratively determined pay systems, are eligible unless specifically excluded by law or regulation.
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