Personnel Delegation #50

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January 7, 2015

AUTHORITY DELEGATED

Pursuant to the authority delegated to the Director, Indian Health Service (IHS) by the Deputy Assistant Secretary Human Resources on October 1, 2003; Title 38, United States Code (U.S.C.) Sections 7453, 7454, 7457 Title 5, U.S.C. Section 5371; and the United States Office of Personnel Management (OPM) and the Department of Health and Human Services (HHS) delegated agreement effective July 1, 2014, I hereby delegate the following authority to approve the application of the Title 38 base overtime rate and other premium pay provisions under the OPM and HHS delegation agreement effective July 1, 2014, to positions/occupations that perform direct patient care services or services incident to direct patient care.

TO WHOM DELEGATED

Deputy Director, IHS
Deputy Director for Management Operations
Chief Medical Officer
Deputy Director for Field Operations

AUTHORITY TO REDELEGATE

This authority may not be redelegated.

INFORMATION AND GUIDANCE

1. Doctors and dentists under the Title 38 Physician and Dentist Pay program are not eligible for Title 38 premium pay.
2. Premium pay earned under Title 38 does not have a biweekly premium pay limitation as does premium pay under Title 5.
3. There is no hourly premium pay rate limitation on earning Title 38 premium pay as there is for Title 5 Fair Labor Standards Act exempt employees.

SUPERSEDURE

Delegation of Authority, Personnel #50, "Title 38 Premium Pay," dated November 25, 1996.

EFFECTIVE DATE

This delegation is effective upon date of signature.

  

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