![]() ![]() Receipt of availability pay does not affect a criminal investigator's entitlement to other types of premium pay (including title 5 overtime pay) based on regularly scheduled duty hours. (1) annual premium pay for administratively uncontrollable overtime (AUO) work or regularly scheduled standby duty, or (2) overtime pay under the Fair Labor Standards Act. (The definition of a "regular workday" is in 5 CFR 550.183(b).) Other Premium PayĪn agency may not pay a criminal investigator receiving availability pay. Hours that do not count include overtime hours, unscheduled duty hours, hours when the employee is traveling outside the official duty station, hours of approved leave, holiday hours, and hours of excused absence. Regular WorkdayĪ "regular workday" includes each day in the criminal investigator's basic workweek in which the criminal investigator completes at least 4 hours of work. See 5 CFR 550.183 for more information on this computation. Availability hours (nonwork) on days that are not "regular workdays" cannot be credited for this determination. Substantial Hours RequirementĪ criminal investigator is eligible for availability pay only if he/she has an annual average of 2 or more hours of unscheduled duty per regular workday. Annual Certification RequirementĮach criminal investigator and the designated supervisory officer shall make an initial, and thereafter, annual certification to the head of the agency attesting that the investigator (1) currently meets the "substantial hours requirement" (unless it is the initial certification) and (2) is expected to meet the requirement during the upcoming 1-year period. 5542(e) for employees who perform protective duties.) However, Special Agents in the Diplomatic Security Service may not be credited with hours of availability. "Unscheduled duty" consists of those hours when a criminal investigator performs work, or is determined by the agency to be available to perform work, that are not part of the criminal investigator's basic 40-hour workweek and are not regularly scheduled overtime hours, excluding the first 2 hours of overtime work on a basic workday. However, the biweekly maximum earnings limitation for LEO's in 5 U.S.C. Rateīy law, availability pay is fixed at 25 percent of a criminal investigator's rate of basic pay. However, a criminal investigator is also entitled to availability pay if he or she holds a supervisory or administrative position that has been officially approved as a "secondary position" under the LEO retirement provisions, even if the criminal investigator is not personally covered by those provisions. 5541(3) and 5 CFR 550.103, which generally requires that the employee be covered under the early retirement provisions for LEO's. ![]() Employees in these groups must also meet the definition of "law enforcement officer" in 5 U.S.C. Availability pay will be extended to Special Agents in the Diplomatic Security Service when implementing regulations are effective. Customs Service, and to Special Agents in the Diplomatic Security Service. Employee CoverageĮligibility for availability pay is limited to criminal investigators who are properly classified in the GS-1811 (Criminal Investigations) and GS-1812 (Game Law Enforcement) series under Office of Personnel Management standards, pilots employed by the U.S. Due to the nature of their work, criminal investigators are required to work, or be available to work, substantial amounts of "unscheduled duty." Availability pay is generally an entitlement that an agency must provide if the required conditions are met, but is optional in Offices of Inspectors General that employ fewer than five criminal investigators. Voluntary Separation Incentive PaymentsĪvailability pay is a type of premium pay that is paid to Federal law enforcement officers (LEO's) who are criminal investigators.Training Program Management Toggle submenu.Snow & Dismissal Procedures Toggle submenu.Presidential Rank Awards Toggle submenu.Senior Executive Service Toggle submenu.Recruitment, Relocation & Retention Incentives.Federal Labor-Management Information System.Federal Workforce Priorities Report (FWPR).Human Capital Management Toggle submenu.Frequently Asked Questions for Hybrid Work Environment.Diversity, Equity, Inclusion, and Accessibility Toggle submenu.Selective Placement Program Coordinator.Data, Analysis & Documentation Toggle submenu.General Schedule Qualification Standards.General Schedule Qualification Policies.Classifying Federal Wage System Positions.Classification & Qualifications Toggle submenu. ![]()
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