The following is a summary of the entitlements and benefits offered to Federal employees who are on a Temporary Change in Duty Station (TCS) or Temporary Duty (TDY) assignment in Iraq or TCS in Afghanistan. References are provided for a complete explanation of the benefits and entitlements. This summary is not intended to be a substitute for the appropriate regulations or policy documents associated with any of these benefits or entitlements.

The following is a summary of benefits provided for employees relocated under a one-year TCS assignment:

• Travel and transportation reimbursement for assignment and return
• Miscellaneous Expense Allowance ($500) for current Federal employees
• Shipment and/or storage of goods up to applicable allowances

Employees on a TDY assignment are not eligible for these benefits.

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); 41 CFR Ch 300-304; DOJ OBD Relocation Supplement 04/26/02

Employees on an TDY assignment are provided travel and transportation to and from the post.

Iraq and Afghanistan: There is no lodging reimbursement, as living quarters are provided within the Embassy compound.

Iraq: The current maximum meals and incidental expense (M&IE) reimbursement for travel assignment is $11 per day.

Afghanistan: The current maximum M&IE reimbursement for travel assignment is $25 per day.

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 41 CFR Ch 300-304; DOJ/JMD/Finance Staff/Temporary Duty Travel Guide 07/31/01; DOJ/JMD/Finance Staff/Foreign Travel Guide 05/30/00

Salary

An employee who is on a TCS assignment will receive the base salary of their current position (without U.S. locality based pay adjustment).

An employee who is on a TDY assignment will receive the rate of pay of their current position (including locality base pay adjustment).

Premium Pay

Non-attorney DOJ employees may receive additional compensation for time worked outside of their regular tour of duty (overtime) and for time worked at night, on holidays, and on Sundays. Premium Pay is a taxable benefit. The rules and regulations for premium pay apply in Iraq and Afghanistan as in the United States.

Pay Limitations

The annual aggregate compensation (basic pay, locality-based comparability payments, and premium pay) cannot exceed Level I of the Executive Schedule ($186,600 in 2007). Allowable earnings (allowances and differential defined below) in excess of the aggregate cap (which exclude premium pay) will be rolled over and paid at the beginning of the following calendar year. The combination of basic pay plus premium pay (overtime pay, compensatory time off, holiday premium pay, night pay and Sunday premium pay) is capped at $212,100 for pay year 2007 for employees who serve in Iraq and Afghanistan. Premium pay earnings in excess of the premium cap cannot be paid and do not roll over into the following calendar year. This cap includes premium pay earned under any U.S. government appointment during the calendar year.

Authority: FY 2007 NDAA; 5 U.S.C. 5307, 5547; 5 CFR Part 532, Subpart E

Allowances and Differential

Danger Pay

Danger Pay is designed to provide additional compensation to employees who serve in hostile or dangerous areas. Employees on TCS or TDY assignment are eligible to receive danger pay beginning on the date of arrival in Iraq or Afghanistan. The amount is determined by the Department of State, and is currently 35 percent of base pay for a basic 40-hour workweek. It is not earned for overtime or weekends, and is subject to change without notice. Danger pay is terminated when an employee leaves the country for any reason. This is a taxable benefit.

Post (Hardship) Differential

Post (Hardship) Differential is designed to provide additional compensation to employees for service in foreign areas where conditions of environment differ substantially from conditions of environment in the continental United States.

Employees on a TCS assignment are eligible to receive post differential on the date of arrival in Iraq or Afghanistan. The differential may continue for up to 30 days when on travel to the United States or for up to 42 days of the employee's absence from the post in combined U.S. and non-U.S. localities. Payment ceases on the 31st day of the employee's absence if in the United States or on the 43rd day of the employee's absence from post in combined U.S. and non-U.S. localities.

Employees on a TDY assignment are not eligible for this differential until he or she has spent 42 consecutive days at the differential location. Differential is paid starting with the 43rd day back to the date of arrival in Iraq or Afghanistan once eligibility has been established. The hardship differential terminates for an employee on TDY assignment the date the employee departs the post for any period of leave (including leave associated with Rest and Recuperation travel) in the United States. However, if leave is taken in a foreign area en route to the United States, hardship differential ceases as of the date of arrival in the United States.

The amount is determined by the Department of State, and is presently 35 percent of base pay for a basic 40-hour workweek. It is not earned for overtime or weekends, and is subject to change without notice. This is a taxable benefit.

Separate Maintenance Allowance

This allowance is designed to help defray the additional expense of maintaining family member(s) elsewhere than at post to which an employee or a detailee is assigned. An involuntary SMA may be authorized for an employee on a TCS assignment in Iraq or Afghanistan. The annual rate of the SMA is determined by the number of eligible family members maintained elsewhere than at the post of assignment and the employee's annual salary. The current annual rates range from $5,800 to $17,700. This is a non-taxable benefit.

Authority: Department of State Standardized Regulations (DSSR) Chapters 260, 510, 650; Criminal Division Administrative Policy No. 50-12.

Leave Benefits

Annual Leave

Biweekly earning rate

• 4 hours per pay period or 13 days per leave year for less than 3 years of federal service
• 6 hours per pay period or 20 days per leave year after 3 years of federal service but less than 15 years
• 8 hours per pay period or 26 days per leave year after 15 years of federal service

Annual accrual limitations:

• The maximum accrual limitation for employees on TCS assignment is 45 days (360 hours) per leave year.
• The maximum accrual limitation for employees on TDY assignment is 30 days (240 hours) per leave year.

Sick Leave

Biweekly earning rate for all Federal employees remains 4 hours per pay period. There is no annual limitation on sick leave accrual.

Authorities: Title 5, United States Code, Chapter 55, Sec. 5550a.; Title 5, United States Code, Chapter 63; 5 CFR, Part 550, Subpart J; 5 CFR, Part 630; 28 CFR, Part O, Subpart O, Sec. 0.75(d); DOJ Order 1630.1b Leave Administration 07/22/91.

Travel

Special Rest and Recuperation Travel

Special Rest and Recuperation (R&R) is a travel benefit which allows employees stationed overseas at posts designated by the Secretary of State to receive an approved leave of absence from an environment indigenous to differential posts in order to travel to either a designated R&R relief point or to the United States. The employee will be reimbursed for the cost of travel and transportation under this benefit. Current R&R eligibility for Iraq or Afghanistan is as follows:

• DOJ employees on a one-year assignment may be granted up to two (2) R&Rs and (3) Regional Rest Breaks OR (3) R&Rs.
• DOJ employees on a nine-twelve month assignment may be granted up to two (2) R&Rs
• DOJ employees on a six-nine month assignment may be granted one (1) R&R.

Leave for R&R

Employees may request a combination of available annual leave, sick leave, compensatory time or leave-without pay for use during R&R travel. In addition, employees may be granted administrative leave as follows:

• DOJ employees on a one-year assignment may be granted up to 20 days of administrative leave per year (365 contiguous days).
• DOJ employees on a nine-month assignment (but less than 12 months) are authorized to receive up to 15 days of administrative leave per year.
• DOJ employees on a six-month assignment (but less than 9 months), are authorized to receive up to 10 days of administrative leave per year.

In all cases, administrative leave shall not exceed 10 days per Special R&R trip.

Authority: DOJ/JMD Interim Administrative Leave Guidance for Department of Justice (DOJ) Employees Stationed Overseas dated 06/19/06.

Other Travel

In addition to R&R travel, there may be opportunity for consultation travel back to Washington, DC. Employees approved for consultation travel may request approval of accrued sick, annual and/or compensatory leave for a limited extension period of return to the United States.