* Act of October 24, 1988 (P.L. 100-523; 102 Stat. 2605; 5 U.S.C.
5547).
To amend title 5, United States Code, to allow all forest fire
fight-ing employees to be paid overtime with-out limi-tation while
serving on forest fire emergencies.
Short Title
Sec. 1. That this Act may be cited as the "Forest Wildfire
Emer-gency Pay Equity Act of 1988".
Note-Sec. 2 of this Act amended Section 5547 of title 5, United
States Code. That Section has been further amended by other laws.
The latest version of Section 5547 is included below.
Limitation on Premium Pay
Sec. 5547. (a) An employee may be paid premium pay under sections 5542, 5545 (a), (b), and (c), 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 maxi-mum rate for GS-15 (including any applicable locality-based compara-bility 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, in-cluding 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 aggre-gate of such employee's basic pay and pre-mium pay under those provi-sions 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 mini-mum rate payable for GS-15 (in-cluding any applicable locality-based comparability pay-ment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provi-sion of law); or (B) the rate payable for level V of the Executive Sched-ule.
(3) Repealed. P.L. 102-378, Sec. 2(43), October 2, 1992, 106
Stat. 1352 (5 U.S.C. 5547)
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