Biweekly pay periods; computation of pay
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
(Pub. L. 89–554,Notes
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Historical and Revision Notes |
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1966 Act |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
(a) | 5 U.S.C. 944(b), (d) (last 27 words, as applicable to subsection (b)). | June 30, 1945, ch. 212, § 604(b), (e) (last 27 words, as applicable to subsection (b)), 59 Stat. 303, 304. July 31, 1959, Pub. L. 86–122, § 1, 73 Stat. 268. |
(b) | 5 U.S.C. 944(c), (d) (last 27 words, less applicability to subsection (b)). | June 30, 1945, ch. 212, § 604(d), (e) (last 27 words, less applicability to subsection (b)), 59 Stat. 303, 304. |
Oct. 28, 1949, ch. 782, § 1203, 63 Stat. 973. June 20, 1958, Pub. L. 85–462, § 15, 72 Stat. 214. Aug. 14, 1964, Pub. L. 88–426, § 103(c), 78 Stat. 402. |
1967 Act
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Effective Date of 1979 Amendments
Effective Date of 1978 Amendment
Determination of Hourly Rate
Notwithstanding any other provision of law, effective with respect to pay periods beginning in fiscal years 1984 and 1985, and applicable in the case of an employee as defined in section 5504(b) of title 5, United States Code [subsection (b) of this section], any hourly rate derived under section 5504(b)(1) of title 5, United States Code, shall be derived by dividing the annual rate of basic pay by 2,087.
Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of chapter 83 of title 5, United States Code.
The Office of Personnel Management may prescribe regulations necessary for the administration of this subsection insofar as this subsection affects employees in or under an Executive agency.
Notwithstanding any other provision of this subsection, paragraph (1) shall not be effective with respect to pay periods beginning before the effective date of any increase under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems for fiscal year 1984.”