Personnel Delegation

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Public Health Service

NOV 25 1996

Personnel #50

TO: Director of Headquarters Operations

FROM: Director

SUBJECT: Delegation of Authority for Title 38 Premium Pay

Authority Delegated and to Whom

1. Pursuant to the authority delegated to the Director, Indian Health Service (IHS), by the Deputy Assistant Secretary for Health Management Operations, on January 9, 1995, as continued in the Assistant Secretary for Management and Budget (ASMB) published in the Federal Register (60 FR 53403) October 6, 1995, I hereby delegate to the Director of Headquarters Operations for IHS-wide the authority to:

a. approve the application of the Title 38 base overtime rate and other premium pay provisions under the United States Office of Personnel Management(OPM) , Department of Health and Human Services (MIS), delegation agreement to positions/occupations that perform direct patient care services or services incident to direct patient care in a clinical capacity;

b. approve overtime work to be. performed by an employee, including work at an alternative worksite; and

c. approve exceptions to the GS-15, step 10, biweekly maximum earnings limitation under designated emergency circumstances. NOTE: Prior written concurrence must be obtained from the delegated appointing authority. Copies of approved requests must be submitted to the Personnel and Pay Systems Division, Human Resources Service, Program Support Center, together with amended Time and Attendance cards.

Redelegations and Restrictions

2. Requests for designation of emergency situations under the authority in lc. above, must be forwarded through the Director, Division of Personnel Management, IHS, to the ASMB, Office of.the Secretary.

3. The ASMB retains the authority to:

a. approve the application of the Title 38 base overtime rate and other premium pay provisions under the OPM/HHS delegation agreement to positions/occupations in a non clinical capacity; and

b. approve an increase to the percentage rate of one or more premium pays.

4. The authority delegated in paragraph la. above may be redelegated to the Area Directors and Associate Director, Office of Health Program Research and Development, with no further delegation authorized.

The authority delegated in paragraphs lb. and c: above may be redelegated with further redelegation authorized to the second level of supervision or higher, or to the first level supervisor when the second level supervisor is not located in the same commuting area.

Information and Guidance

5. Requirements and instructions for exercising these authorities are contained in Title 38, the OPM/HHS delegation agreement and Interim PHS Personnel Instruction 38-550-l.

Effective Date

6. This delegation is effective upon date of signature.

/Michael Trujillo/
Michael H. Trujillo, M.D., M.P.H
Assistant Surgeon General