Rules Proposed on Border Patrol Overtime Changes

A revised overtime system for Customs and Border Protection officers enacted last year will take effect with the first pay period in January, with officers having an opportunity during November to elect among several work scheduling options, under rules proposed today (June 17) by OPM. The policy change is a reaction to reports of misuse of “administratively uncontrollable overtime,” a 25 percent premium paid to certain law enforcement officers who must use their own discretion regarding when it is necessary to stay on the job. Under the rules, most CBP officers each November will elect a basic schedule of 80, 90 or 100 hours biweekly, with a supplement of 12.5 and 25 percent of salary, respectively, for the latter two. The supplement will be payable during leave and other paid time off, and will be treated as basic pay for retirement benefits, life insurance, severance pay and certain other purposes. Overtime in excess of the regular tour of duty generally will be compensable only with compensatory time off unless management scheduled it in advance. The changes to AUO policy at CBP are widely seen as a potential precedent for similar changes at other agencies, although there currently are no pending proposals to apply them more broadly.