
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5547]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5547. Limitation on premium pay

    (a) An employee may be paid premium pay under sections 5542, 
5545(a), (b), and (c), 5545a, and 5546(a) and (b) of this title only to 
the extent that the payment does not cause his aggregate rate of pay for 
any pay period to exceed the maximum rate for GS-15 (including any 
applicable locality-based comparability payment under section 5304 or 
similar provision of law and any applicable special rate of pay under 
section 5305 or similar provision of law). The first sentence of this 
subsection shall not apply to any employee of the Federal Aviation 
Administration or the Department of Defense who is paid premium pay 
under section 5546a of this title.
    (b)(1) Subject to regulations prescribed by the Office of Personnel 
Management, the first sentence of subsection (a) shall not apply to an 
employee who is paid premium pay by reason of work in connection with an 
emergency which involves a direct threat to life or property, including 
a forest wildfire emergency.
    (2) Notwithstanding paragraph (1), no employee referred to in such 
paragraph may be paid premium pay under the provisions of law cited in 
the first sentence of subsection (a) if, or to the extent that, the 
aggregate of such employee's basic pay and premium pay under those 
provisions would, in any calendar year, exceed the maximum rate payable 
for GS-15 in effect at the end of such calendar year.
    (c)(1) Subsections (a) and (b) shall not apply to a law enforcement 
officer.
    (2) A law enforcement officer may be paid premium pay under the 
provisions of law cited in the first sentence of subsection (a) only to 
the extent that the payment does not cause the officer's aggregate rate 
of pay for any pay period to exceed the lesser of--
        (A) 150 percent of the minimum rate payable for GS-15 (including 
    any applicable locality-based comparability payment under section 
    5304 or similar provision of law and any applicable special rate of 
    pay under section 5305 or similar provision of law); or
        (B) the rate payable for level V of the Executive Schedule.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec. 1(31), 
Sept. 11, 1967, 81 Stat. 201; Pub. L. 97-276, Sec. 151(e), Oct. 2, 1982, 
96 Stat. 1201; Pub. L. 98-525, title XV, Sec. 1537(d), Oct. 19, 1984, 98 
Stat. 2636; Pub. L. 100-523, Sec. 2, Oct. 24, 1988, 102 Stat. 2605; Pub. 
L. 101-509, title V, Sec. 529 [title II, Sec. 204, title IV, 
Sec. 410(b)], Nov. 5, 1990, 104 Stat. 1427, 1456, 1469; Pub. L. 102-378, 
Sec. 2(43), Oct. 2, 1992, 106 Stat. 1352; Pub. L. 103-329, title VI, 
Sec. 633(b)(2), Sept. 30, 1994, 108 Stat. 2427.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 943.                 June 30, 1945, ch.
                                                    212, Sec.  603, 59
                                                    Stat. 302.
                                                   May 24, 1946, ch.
                                                    270, Sec.  7(a), 60
                                                    Stat. 218.
                     ............................  July 3, 1948, ch.
                                                    830, Sec.  303(a),
                                                    62 Stat. 1268.
                     ............................  Sept. 1, 1954, ch.
                                                    1208, Sec.  209, 68
                                                    Stat. 1112.
------------------------------------------------------------------------

    Former section 943(a), (b) is combined and restated for clarity and 
conciseness. The word ``officer'' is omitted as included in 
``employee''. The word ``scheduled'' is omitted since section 603 of the 
Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847, eliminated the 
necessity of referring to rates as scheduled or longevity. Reference to 
the ``Classification Act of 1949, as amended'' is omitted as 
unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                            1967 Act

    In the codification of 5 U.S.C. 5547, the words ``premium pay under 
this subchapter'' were substituted for ``premium compensation provided 
by this Act'' appearing in the source statute--section 603 of the 
Federal Employees Pay Act of 1945, as amended (former 5 U.S.C. 943). 
This amendment of 5 U.S.C. 5547 is made for clarity and precision of 
reference and in recognition that the source statutes for certain 
sections of subchapter V of chapter 55 of title 5 include statutes that 
were not a part of the Federal Employees Pay Act of 1949. Specifically, 
5 U.S.C. 5544(a) is based in part on section 23 (2d proviso) of the act 
of March 28, 1934, as amended by 76 Stat. 360; and 5 U.S.C. 5545(d) is 
based on section 804 of the Classification Act of 1949, as added by 
Public Law 89-512, 80 Stat. 318. Also, 5 U.S.C. 5541(2)(xi) in effect 
excludes employees subject to 5 U.S.C. 5544 from the operation of 5 
U.S.C. 5547.

                       References in Text

    GS-15, referred to in subsecs. (a), (b)(2), and (c)(2)(A), is 
contained in the General Schedule which is set out under section 5332 of 
this title.
    Level V of the Executive Schedule, referred to in subsec. (c)(2)(B), 
is set out in section 5316 of this title.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-329 inserted ``5545a,'' after 
``5545(a), (b), and (c),''.
    1992--Subsec. (c)(3). Pub. L. 102-378 struck out par. (3) which read 
as follows: ``For the purposes of this subsection, `law enforcement 
officer' means any law enforcement officer within the meaning of section 
8331(20) or section 8401(17).''
    1990--Subsec. (a). Pub. L. 101-509, Sec. 529 [title II, 
Sec. 204(1)], inserted ``(including any applicable locality-based 
comparability payment under section 5304 or similar provision of law and 
any applicable special rate of pay under section 5305 or similar 
provision of law)'' after ``GS-15''.
    Subsec. (b). Pub. L. 101-509, Sec. 529 [title II, Sec. 204(2)], 
amended subsec. (b) generally, substituting present provisions for 
former provisions consisting of pars. (1) to (3) that related to pay of 
forest firefighters working on forest wildfire emergencies.
    Subsec. (c). Pub. L. 101-509, Sec. 529 [title IV, Sec. 410(b)], 
added subsec. (c).
    1988--Pub. L. 100-523 amended section generally, designating 
existing provisions as subsec. (a) and adding subsec. (b).
    1984--Pub. L. 98-525 inserted ``or the Department of Defense''.
    1982--Pub. L. 97-276 inserted provision directing that first 
sentence of this section not apply to any employee of Federal Aviation 
Administration who is paid premium pay under section 5546a of this 
title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-329 effective first day of first applicable 
pay period beginning on or after 30th day following Sept. 30, 1994, with 
exceptions relating to criminal investigators employed in Offices of 
Inspectors General, see section 633(e) of Pub. L. 103-329, set out as an 
Effective Date note under section 5545a of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-378 effective as of first day of first 
applicable pay period beginning on or after Oct. 2, 1992, see section 
9(b)(9) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                    Effective Date of 1990 Amendment

    Amendment by section 529 [title II, Sec. 204] of Pub. L. 101-509 
effective on such date as the President shall determine, but not earlier 
than 90 days, and not later than 180 days, after Nov. 5, 1990, see 
section 529 [title III, Sec. 305] of Pub. L. 101-509, set out as a note 
under section 5301 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section 
1537(f) of Pub. L. 98-525, set out as a note under section 4109 of this 
title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-276 effective at 5 o'clock ante meridian 
eastern daylight time, Aug. 3, 1981, see section 151(h)(1) of Pub. L. 
97-276, set out as an Effective Date note under section 5546a of this 
title.


                      Short Title of 1988 Amendment

    Section 1 of Pub. L. 100-523 provided: ``That this Act [amending 
this section] may be cited as the `Forest Wildfire Emergency Pay Equity 
Act of 1988'.''


   Premium Pay for Protective Services of United States Secret Service

    Pub. L. 106-554, Sec. 1(a)(3) [title I, Sec. 118], Dec. 21, 2000, 
114 Stat. 2763, 2763A-134, provided that: ``Hereafter, funds made 
available by this or any other Act may be used to pay premium pay for 
protective services authorized by section 3056(a) of title 18, United 
States Code, without regard to the limitation on the rate of pay payable 
during a pay period contained in section 5547(c)(2) of title 5, United 
States Code, except that such premium pay shall not be payable to an 
employee to the extent that the aggregate of the employee's basic and 
premium pay for the year would otherwise exceed the annual equivalent of 
that limitation. The term premium pay refers to the provisions of law 
cited in the first sentence of section 5547(a) of title 5, United States 
Code. Payment of additional premium pay payable under this section may 
be made in a lump sum on the last payday of the calendar year.''
    Similar provisions were contained in Pub. L. 106-58, title I, 
Sec. 118, Sept. 29, 1999, 113 Stat. 441.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1371.
