United States Secret Service Uniformed

B-256157 Dec 21, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The compensation payable to members of the Uniformed Division of the United States Secret Service is subject to two independent limitations on the biweekly and aggregate annual compensation that each member is eligible to receive. The first limitation is that compensation shall not exceed the rate of basic pay for level V of the Executive Schedule. 4 D.C. The compensation payable to members of the Uniformed Division of the United States Secret Service is subject to two independent limitations on the biweekly and aggregate annual compensation that each member is eligible to receive. The second limitation is that the aggregate rate of compensation for any pay period shall not exceed the minimum scheduled rate of basic compensation of the District of Columbia Chief of Police and Fire Chief. 4 D.C. View Decision Matter of: United States Secret Service Uniformed Division-Biweekly and Annual Pay Limitations File: B-256157 Date: December 21, 1995 The compensation payable to members of the Uniformed Division of the United States Secret Service is subject to two independent limitations on the biweekly and aggregate annual compensation that each member is eligible to receive. The first limitation is that compensation shall not exceed the rate of basic pay for level V of the Executive Schedule. 4 D.C. Code, Sec. 4-406 (1994). This limitation applies to basic pay, as adjusted, plus longevity pay, but does not include premium pay. The compensation payable to members of the Uniformed Division of the United States Secret Service is subject to two independent limitations on the biweekly and aggregate annual compensation that each member is eligible to receive. The second limitation is that the aggregate rate of compensation for any pay period shall not exceed the minimum scheduled rate of basic compensation of the District of Columbia Chief of Police and Fire Chief. 4 D.C. Code, Sec. 4-1104(h)(2) (1994). This limitation applies to basic pay, as adjusted, plus premium pay (overtime pay, compensatory time off, Sunday pay, and night pay), but does not include longevity pay. The ceiling to be applied is the unadjusted minimum scheduled basic pay rate of the Police Chief and Fire Chief in effect when the premium pay was earned. DECISION This decision responds to a request for an advisory opinion from the United States Secret Service, Department of the Treasury. [1] The questions asked involve the maximum biweekly premium pay and aggregate annual compensation that may be paid to members of the United States Secret Service Uniformed Division and the types of compensation that are subject to the limitations. We conclude that there are two independent limitations on the compensation which may be paid. Basic pay, as adjusted, longevity pay, and assignment or position pay are subject to one limitation, and premium pay plus basic pay, as adjusted, are subject to the other limitation, as explained below. BACKGROUND Although members of the Uniformed Division, United States Secret Service, are federal employees, their basic compensation system was established by the District of Columbia Police and Firemen's Salary Act of 1958, [2] as amended, and is contained in sections 4-402 to 4-420 of title 4, District of Columbia Code (D.C. Code). The 1958 Act established the basic salary schedule structure for police and firefighters in the District of Columbia, including the United States Park Police and the then White House Police, comprising 10 different classes with 6 service steps, plus 3 longevity steps, [3] in each class. The Chief of Police and the Fire Chief occupied class 10 of the salary schedule. In 1970, those salary classes were increased from 10 to 11. The Chief of Police and the Fire Chief occupied the newly created Class 11 and the Commanding Officer of the White House Police (redesignated the "Executive Protective Service" in 1970 for pay purposes, [4] and further redesignated as the "United States Secret Service Uniformed Division" in 1980 for pay purposes [5]), occupied Class 10 of the newly restructured salary schedule. [6] In the meantime, in 1965 Congress limited premium pay for officers and members by adding the following provisions to then section 4-904 of Title 4, D.C. Code. [7] Subsection (h)(1) thereof provided that any officer or member whose rate of basic compensation equals or exceeds the minimum scheduled rate of basic pay for service step 1 of the class designation for the Chief of Police and the Fire Chief for the District of Columbia, may not be paid premium pay or receive compensatory time off.