§530.309. Miscellaneous provisions.
5 C.F.R. § 530.309
A special rate may be paid only for those hours for which an employee is in a pay status.
A pay increase caused by an employee becoming entitled to a new or higher special rate supplement is not an equivalent increase in pay within the meaning of 5 U.S.C. 5335. (See 5 CFR 531.407(c).)
A special rate is included in an employee's total remuneration, as defined in 5 CFR 551.511(b), and straight time rate of pay, as defined in 5 CFR 551.512(b), for the purpose of overtime pay computations under the Fair Labor Standards Act of 1938, as amended.
Consistent with § 530.308, the reduction or termination of an employee's special rate supplement in accordance with the requirements of this subpart is not an adverse action under 5 CFR part 752, subpart D, or an action under 5 CFR 930.211.
Notes, amendments, and revision history
Amendments
[70 FR 31287, May 31, 2005, as amended at 73 FR 66151, Nov. 7, 2008]
Source
Source: 70 FR 31287, May 31, 2005, unless otherwise noted.
Authority
Authority: 5 U.S.C. 5305 and 5307; subpart C also issued under 5 U.S.C. 5338, sec. 4 of the Performance Management and Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 Stat. 981, and sec. 1918 of Public Law 111-84, 123 Stat. 2619.
Amendments
[70 FR 31287, May 31, 2005, as amended at 73 FR 66151, Nov. 7, 2008]