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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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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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Hazardous duty pay is additional pay for the performance of hazardous duty or duty involving physical hardship. Hazardous duty pay is payable to General Schedule (GS) employees covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code. Prevailing rate (wage) employees are eligible to receive environmental differential pay in certain circumstances under a separate statutory provision (5 U.S.C. 5343(c)(4)).
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Yes. Hazardous duty pay is included in the aggregate limitation on pay (5 U.S.C. 5307), which limits an employee's aggregate compensation to the rate payable for level I of the Executive Schedule at the end of a calendar year. (See the definition of "aggregate limitation" in 5 CFR 530.202)
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"Ditto."
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Hazardous duty pay may be paid only to employees who are assigned hazardous duties or duties involving physical hardship for which a differential is authorized. It may not be paid to an employee who undertakes to perform a hazardous duty on his or her own, without proper authorization, either expressed or implied. (5 CFR 550.904(a))
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An employee may receive no more than 25 percent of his or her rate of basic pay. (5 U.S.C. 5545(d)(2))
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No. 5 U.S.C. 5545(d) requires the Office of Personnel Management to establish a schedule or schedules of hazard duty differentials and to prescribe regulations governing payment of the differentials. If a duty or type of work is not listed in appendix A, the employee cannot be paid a hazard duty differential.
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No. Hazardous duty pay may only be paid while an employee is in a pay status. (5 CFR 550.905)
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OPM has denied requests for new hazardous duty pay categories when--
- the duties would involve remote or potential hazards rather than present or actual hazards--i.e., when the duty is not inherently hazardous and an accident or injury is unlikely;
- adequate safeguards would reduce the risk to a less than significant level;
- overseas post differentials already compensate or take into account the hardships and hazards encountered in overseas assignments, such as presence in a war zone;
- the risk of exposure to the hazard is not directly connected with the performance of assigned duties;
- the hazard would not be "unusual" and would be hard to distinguish from the ongoing hazards that are inherent in the job; or
- the hazardous duty or physical hardship is already listed in appendix A.
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