---
kind: "section"
citation: "5 C.F.R. § 550.163"
title: "5"
number: "550.163"
heading: "Relationship to other payments."
url: "https://uscodex.org/cfr/5/550.163"
---

# §550.163. Relationship to other payments.

- (a) An employee receiving premium pay on an annual basis under [§ 550.141](/cfr/5/550.141.md) may not receive premium pay for regular overtime work or work at night or on a holiday or on Sunday under any other section of this subpart. An agency shall pay the employee in accordance with §§ [550.113](/cfr/5/550.113.md) and [550.114](/cfr/5/550.114.md) for irregular or occasional overtime work.
- (b) An employee receiving premium pay on an annual basis under [§ 550.151](/cfr/5/550.151.md) may not receive premium pay for irregular or occasional overtime work under any other section of this subpart. An agency shall pay the employee in accordance with other sections of this subpart for regular overtime work, and work at night, on Sundays, and on holidays.
- (c) Overtime, night, holiday, or Sunday work paid under any statute other than subchapter V of chapter 55 of title 5, United States Code, is not a basis for payment of premium pay on an annual basis under [§ 550.141](/cfr/5/550.141.md) or [§ 550.151](/cfr/5/550.151.md).
- (d)
  - (1) Except as provided in [paragraph (d)(2)](#d-2) of this section, premium pay on an annual basis under [§ 550.141](/cfr/5/550.141.md) or [§ 550.151](/cfr/5/550.151.md) is not base pay and is not included in the base used in computing foreign and nonforeign allowances and differentials, or any other benefits or deductions that are computed on base pay alone.
  - (2) Premium pay on an annual basis under [§ 550.141](/cfr/5/550.141.md) is base pay for the purpose of [section 5595(c)](/cfr/5/5595.md?p=c), [section 8114(e)](/cfr/5/8114.md?p=e), [section 8331(3)](/cfr/5/8331.md?p=3), and [section 8704(c)](/usc/5/8704.md?p=c) of title 5, United States Code.
- (e) Premium pay on an annual basis under [§ 550.141](/cfr/5/550.141.md) or [§ 550.151](/cfr/5/550.151.md) may not be paid to a criminal investigator receiving availability pay under [§ 550.181](/cfr/5/550.181.md).

## Notes

### Amendments

[33 FR 12458, Sept. 4, 1968, as amended at 33 FR 19897, Dec. 28, 1968; 35 FR 6312, Apr. 18, 1970; 59 FR 66151, Dec. 23, 1994]

### Authority

Authority: 5 U.S.C. 5304 note, 5305 note, 5504(d), 5541(2)(iv), 5545a(h)(2)(B) and (i), 5547(b) and (c), 5548, and 6101(c); sections 407 and 2316, Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); section 2(h), Pub. L. 113-277, 128 Stat. 3005; E.O. 12748, 3 CFR, 1992 Comp., p. 316.

### Source

Source: 33 FR 12458, Sept. 4, 1968, unless otherwise noted.

### Amendments

[33 FR 12458, Sept. 4, 1968, as amended at 33 FR 19897, Dec. 28, 1968; 35 FR 6312, Apr. 18, 1970; 59 FR 66151, Dec. 23, 1994]