| Comment Number: | OL-10500251 |
| Received: | 2/15/2005 7:14:05 PM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
Proposed 5 CFR 9901.361 provides the Secretary of Defense with the discretion to create "implementing issuances" regarding premium pay which are different from the rules applying to the rest of the civil service. The proposed regulation specifically cites the authorization to create new rules for overtime pay, compensatory time off, Sunday, holiday and night pay, standby duty, etc. Existing statute, regulation, and case law already define the rules for these types of pay. Creating a new second set of rules for existing categories of premium pay is inefficient and confusing. DoD should change the proposal to only allow the creation of new categories of premium pay rather than allow the creation of a confusing "second definition" of existing categories of premium pay.