PRIA, Government Policy, Made Personal

Summary

Officers and employees of the United States Capitol Police who leave their job cannot get a lump-sum payment for unused compensatory time. The only exception is what is allowed under section 1313(c)(4) of this title. The Chief of the Capitol Police may pay overtime or give compensatory time to certain exempt workers for work done on or after March 4, 2010, but only if three rules are met: the overtime is for special circumstances the Chief approves; the Chief sets a dollar value for that overtime; and the total of the overtime pay (based on that dollar value) plus the worker’s regular pay for the pay period does not exceed the per-pay-period share of the legal annual pay cap, following premium pay rules of the Capitol Police Board. An “exempt individual” is a Capitol Police worker who is officially classified as exempt under rules made under section 1313, or whose yearly pay rate is not set by law. The change was made to take effect as if it were in the Legislative Branch Appropriations Act, 2003, but it does not apply to overtime done before March 4, 2010.

Title 2, §1933

The Congress, Source: USLM XML via OLRC

(a)No lump-sum payment permitted for unused compensatory time

(1)In general

No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 1313(c)(4) of this title.

(2)Omitted

(b)Overtime compensation for officers and employees exempt from Fair Labor Standards Act of 1938

(1)Criteria under which compensation permitted

The Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after March 4, 2010, in the form of additional pay or compensatory time off, only if—

(A)the overtime work is carried out in connection with special circumstances, as determined by the Chief;

(B)the Chief has established a monetary value for the overtime work performed by such individual; and

(C)the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board.

(2)Exempt individuals defined

In this subsection, an “exempt individual” is an officer or employee of the United States Capitol Police—

(A)who is classified under regulations issued pursuant to section 1313 of this title as exempt from the application of the rights and protections established by subsections (a)(1) and (d) of section 206, section 207, and section 212(c) of title 29; or

(B)whose annual rate of pay is not established specifically under any law.

(3)Conforming amendment

(A)Omitted

(B)Effective date

The amendment made by subparagraph (A) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to March 4, 2010.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Legislative Branch Appropriations Act, 2003, referred to in subsec. (b)(3)(B), is div. H of Pub. L. 108–7, which was approved Feb. 20, 2003. Codification Section is comprised of section 5 of Pub. L. 111–145. Subsec. (a)(2) of section 5 of Pub. L. 111–145 repealed section 1924 and 1925 of this title. Subsec. (b)(3)(A) of section 5 of Pub. L. 111–145 repealed section 1009 of the Legislative Branch Appropriations Act, 2003, Pub. L. 108–7, div. H, 117 Stat. 359, which is not classified to the Code.

§1933 Clarification of Authorities Regarding Certain Personnel Benefits

Summary

Title 2, §1933

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata