Office of the Deputy Chief of Staff, G1
DAPE-CPZ  Aug 25 2010


MEMORANDUM FOR ARMY NAF HUMAN RESOURCES OFFICES

SUBJECT: Nonappropriated Fund (NAF) Sunday Premium Pay for Regular Part-time and Flexible Regular Scheduled Employees -Backpay Procedures



  1. References:
    1. Memorandum for Secretaries of the Military Departments, Office of the Under Secretary of Defense, 21 July 2010, Subject: Administrative Claims for Sunday Premium Pay as a Result of the Decision in Fathauer v. United States, 566 F.3d 1352 (Fed. Cir. 2009).
    2. Memorandum for Distribution, Office of the Deputy Assistant G-1 for Civilian Personnel, 18 February 2010, Subject: Nonappropriated Fund (NAF) Sunday Premium Pay as a Result of the Decision in Fathauer v. United States.
    3. Army Regulation (AR) 215-3, NAF Personnel Policy, 29 August 2003.
  2. The Under Secretary of Defense issued reference 1.a. regarding the administrative claims for Sunday Premium Pay for Regular Part-time and Flexible Regular Schedule employees as a result of the U.S. Court of Appeals for the Federal Circuit decision made on 26 May 2009 (Fathauer v. United States, 566 F.3d. 1352 (Fed. Cir. 2009)).
  3. Department of Defense (DoD) has issued policy guidance, which entitles all NAF Wage System employees to Sunday Premium Pay who are either Regular Full-time, Regular Part-time, including those in limited tenure appointment categories, and Flexible Regular Schedule. Regular full-time employees already receive Sunday Premium in accordance with AR 215-3. DoD Components are now required to pay any unpaid Sunday premium pay owed to eligible part-time and flexible regular scheduled employees for Sunday work performed on or after 26 May 2003.
  4. Sunday Premium Pay is paid at 25 percent to any NAF Federal Wage System employee who is regularly scheduled to work up to 8 hours on Sunday. Regularly scheduled periods of service of less than 8 hours, part of which falls on Sunday, warrants payment of Sunday Premium Pay.
  5. Payments to prevailing rate NAF employees (including those in the Flexible category with guaranteed hours as shown on the NAF Personnel Action DA Form 3434) will be processed in accordance with reference 1.a. NAF Financial Services will review their time and attendance records and issue payments to current NAF employees as quickly as possible. Eligible NAF employees who have separated from the roles will be issued payment by check, to the address of their last known residence by NAF Financial Services. Any current or former eligible NAF employees who believe they are due compensation but did not receive payment should contact their local NAF Human Resources Office for confirmation of eligibility and to obtain information on how to submit a claim to NAF Financial Services. Claims must be submitted within one year from the date of this memorandum.
  6. The point of contact is Mr. Bill McCune, bill.mccune@us.army.mil, (703) 325-9419 or DSN 221-9419 or Ms. Sylvia Webb, sylvia.webb@us.army.mil, (703) 325-7765 or DSN 221-7765.




//original signed //                        
TONY WHITEHOUSE                            
         Deputy Assistant G-1 for Civilian Personnel


DISTRIBUTION:

ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY

ARMY NAF HUMAN RESOURCES
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 SPECIAL OPERATIONS COMMAND
U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY FORCES STRATEGIC COMMAND
EIGHTH US ARMY
U.S. ARMY NETWORK AND 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

DIRECTOR, CIVILIAN HUMAN RESOURCES AGENCY
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
OFFICE, ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE AFFAIRS), ATTN: SAMR-CQ
OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)