Page:United States Statutes at Large Volume 92 Part 1.djvu/811

 PUBLIC LAW 95-390—SEPT. 29, 1978

92 STAT. 757

departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled. (b) Notwithstanding any other provision of this Act, but subject to the terms of any written agreement under section 302(a) — (1) any experiment under subsection (a) of this section may be terminated by the Commission if it determines that the experiment is not in the best interest of the public, the Government, or the employees; or (2) if the head of an agency determines that any organization within the agency which is participating in an experiment under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may— (A) restrict the employees' choice of arrival and departure • time, ' (B) restrict the use of credit hours, or (C) exclude from such experiment any employee or group of employees. (c) Experiments under subsection (a) shall terminate not lat«r than the end of the 3-year period which begins on the effective date of this title. COMPUTATION OF P R E M I U M

PAY

SEC. 103. (a) For purposes of determining compensation for over- 5 USC 6101 note, time hours in the case of an employee participating in an experiment under section 102— (1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1), 5544(a), and 5550 of title 5, United States Code, section 4107(e)(5) of title 38, United States Code, section 7 of the Fair Labor Standards Act, as amended, or any other provision 29 USC 207. is I of law; or .^ (2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable. (b) Notwithstanding the provisions of law referred to in paragraph (1) of subsection (a), an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 106 or to the extent such employee is allowed to have such ' J J •;*."; hours taken into account with respect to the employee's basic work requirement. (c)(1) Notwithstanding section 5545(a) of title 5, United States Code, premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day from which such premium pay is otherwise authorized; except that— (A) if an employee is on a flexible schedule under which— (i) the number of hours during which such employee must be present for work, plus

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