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OPM Contact: Murray M. Meeker
The claimant, a former [xxx] with the [xxx], states that during
the seventeen years prior to his retirement in 1996, he was
required to either take annual leave or work on holidays, and that
he is, therefore, entitled to holiday premium pay under 5 U.S.C.
5546(b). For the reasons discussed herein, the claim is denied.
The claimant acknowledges that he received annual premium pay
for regularly scheduled standby duty under 5 U.S.C. 5545(c)(1). It
should be emphasized, therefore, that section 5545(c)(1) prohibits
the payment of holiday premium pay to individuals who receive
annual premium pay for regularly scheduled standby duty. Thus,
while the [xxx] may excuse employees who receive annual premium pay
from duty on a holiday when the agency has determined that the
employee's services are not required, there is no requirement that
employees be excused, and the payment of holiday premium pay to
such employees is barred.
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
employee's right to bring an action in an appropriate United States