MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Increased Annual Premium Pay Limitation for Calendar Year 2010 for Eligible Employees Assigned to Iraq and /or Afghanistan

1. The attachment to the enclosed March 22, 2010 memorandum from the Under Secretary of Defense (Personnel and Readiness) (Enclosure 1) provides Department of Defense (DoD) guidance regarding the increased annual premium pay limitation for calendar year (CY) 2010 for employees covered by the National Security Personnel System (NSPS), the Defense Civilian Intelligence Personnel System (DCIPS), and other non-NSPS employees. Employees eligible for the increased annual premium pay limitation under the DoD guidance will be entitled to premium payments to the extent the employee's combined payable amount of basic pay and premium pay for CY 2010 does not exceed the annual rate of the salary payable to the Vice President under 3 U.S. Code §104 ($230,700 for 2010).
2. To be eligible for the increased annual premium pay limitation under the DoD guidance, covered employees must meet the following requirements: (1) perform work while in an overseas location that is in the area of responsibility (AOR) of the Commander of the United States Central Command (CENTCOM) or an overseas location that was formerly in the AOR of the CENTCOM Commander but has been moved to the AOR of the Commander of the United States Africa Command (AFRICOM); (2) are subject to the provisions of 5 U.S. Code §5547, or a similar limitation otherwise established; (3) are assigned to an overseas location in the CENTCOM or AFRICOM AORs specified in Appendix A for at least 42 consecutive calendar days; and (4) perform work in direct support of, or directly related to the response to a national emergency declared by the President or a military operation, including a contingency operation as defined in 10 U.S. Code §101(a)(13).
3. Pursuant to the DoD guidance, employees assigned to Iraq and Afghanistan who meet all of the above stated requirements, are deemed to meet the eligibility requirements for the increased annual premium pay limitation. Employees assigned to the CENTCOM or AFRICOM AORs specified in Appendix A, who meet the eligibility requirements above, may also be approved for the increased annual premium pay limitation on a case-by-case basis. In order to apply the increased annual premium pay limitation for CY 2010 to these employees, commands must document and report eligible employees for the pay periods beginning 20 December 2009 using the enclosed Department of the Army Reporting Instructions for CY 2010 (Enclosure 2). The Civilian Human Resources Agency will distribute additional processing instructions or procedures if and when required. Commands are responsible for retaining all records necessary to document an employee's eligibility for the increased annual premium pay limitation
4. As explained in the enclosed DoD guidance, the aggregate limitation on pay established by section 5307 of title 5, U.S. Code, or a similar limitation otherwise applicable, will not apply in CY 2010 to any NSPS, DCIPS, or other non-NSPS employee, who is granted a premium pay waiver under the DoD policy.
5. My point of contact Ms. Luanne Hailes, 703-325-3865, DSN 221-3865, or email Luanne.Hailes@us.army.mil .

2 Encls
USD(P&R) Memo, 22 Mar 10

Reporting Instructions

DISTRIBUTION:
ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY

CIVILIAN HUMAN RESOURCE DIRECTORS
U.S. ARMY FORCES COMMAND
U.S. ARMY TRAINING AND DOCTRINE COMMAND
U.S. ARMY MATERIEL COMMAND
U.S. ARMY EUROPE
U.S. ARMY CENTRAL
U.S. ARMY NORTH
U.S. ARMY SOUTH
U.S. ARMY PACIFIC
U.S. ARMY AFRICA
U.S. ARMY SPECIAL OPERATIONS COMMAND
U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY FORCES STRATEGIC COMMAND
EIGHTH US ARMY
U.S. ARMY NETWORK ENTERPRISE TECHNOLOGY COMMAND/9TH SIGNAL COMMAND (ARMY)
U.S. ARMY MEDICAL COMMAND
U.S. ARMY INTELLIGENCE AND SECURITY COMMAND
U.S. ARMY CRIMINAL INVESTIGATION COMMAND
U.S. ARMY CORPS OF ENGINEERS
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
U.S. ARMY TEST AND EVALUATION COMMAND
U.S. ARMY RESERVE COMMAND
U.S. ARMY INSTALLATION MANAGEMENT COMMAND
SUPERINTENDENT, U.S. MILITARY ACADEMY
DIRECTOR, U.S. ARMY ACQUISITION SUPPORT CENTER

CF:
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
ASSISTANT G-1 FOR CIVILIAN PERSONNEL
DIRECTOR, CIVILIAN HUMAN RESOURCES AGENCY
DEPUTY ASSISTANT SECRETARY OF THE ARMY (CIVILIAN PERSONNEL/
QUALITY OF LIFE)
OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)