5 U.S.C. § 5504 — Biweekly pay periods; computation of pay
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 367 words · no verdicts yet
An employee's pay period is two administrative workweeks. Annual pay is converted to hourly pay by dividing by 2,087; daily, weekly, and biweekly pay then use specified multipliers, with rounding to cents. The section defines which employees are covered and lets agencies include otherwise excluded people only under exceptional regulatory circumstances.
(a) Pay period. An employee's pay period covers two administrative workweeks.
(b) Converting annual pay. When needed, annual basic pay is converted as follows: (1) divide by 2,087 for the hourly rate; (2) multiply the hourly rate by the required daily service hours for the daily rate; and (3) multiply the hourly rate by 40 for the weekly rate or 80 for the biweekly rate. Round rates to the nearest cent, treating one-half cent or more as a whole cent.
(c) Employees. (1) “Employee” means (A) an Executive-agency employee; (B) an employee in or under the Office of the Architect of the Capitol, Botanic Garden, or Library of Congress for whom section 6101(a)(5) establishes a basic administrative workweek; and (C) a District of Columbia government employee.
(2) It does not include (A) an employee on the Isthmus of Panama serving the Panama Canal Commission or (B) an employee or individual excluded from section 5541(2)'s definition, except someone excluded by clauses (ii), (iii), and (xiv) through (xvii) of that section. This section does not define those quoted terms.
(3) Despite paragraph (2), an otherwise excluded individual is treated as an employee if the employing agency chooses that treatment under Office of Personnel Management guidelines issued under subsection (d)(2).
(d) Regulations. (1) Subject to presidential approval, OPM may issue regulations needed to administer this section as it affects Executive-agency employees. (2) OPM must issue regulatory guidelines for agency-head exemptions under (c)(3). The guidelines may allow exemptions only in exceptional circumstances.
The pay period for an employee covers two administrative workweeks.
When, in the case of an employee, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern:
To derive an hourly rate, divide the annual rate by 2,087.
To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.
To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be.
Rates are computed to the nearest cent, counting one-half and over as a whole cent.
For the purposes of this section:
The term “employee” means—
an employee in or under an Executive agency;
an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5) of this title; and
an individual employed by the government of the District of Columbia.
The term “employee” does not include—
an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
an employee or individual excluded from the definition of employee in section 5541(2) of this title other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.
Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individual’s employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).
The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475; Pub. L. 90–83, § 1(21), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95–454, title IV, § 408(a)(1), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1173, 1224; Pub. L. 96–54, § 2(a)(29), Aug. 14, 1979, 93 Stat. 383; Pub. L. 96–70, title III, § 3302(e)(2), Sept. 27, 1979, 93 Stat. 498; Pub. L. 99–272, title XV, § 15203(a), Apr. 7, 1986, 100 Stat. 334; Pub. L. 108–136, div. A, title XI, § 1124, Nov. 24, 2003, 117 Stat. 1637.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 475
- 1967Amended · Pub. L. 90-83 · 81 Stat. 199
- 1978Amended · Pub. L. 95-454 · 92 Stat. 1173, 1224
- 1979Amended · Pub. L. 96-54 · 93 Stat. 383
- 1979Amended · Pub. L. 96-70 · 93 Stat. 498
- 1986Amended · Pub. L. 99-272 · 100 Stat. 334
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1637
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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