(a) The Commonwealth government of Puerto Rico has been determined
to be eligible for treatment under Tier 2, on the basis of wage data
supplied to the Department.
(b) Appendix C of this part contains a listing of Commonwealth
government corporations, indicating the phase-in tier which applies.
Entities which do not appear on the list are those for which no wage
data were supplied. These entities are therefore categorized under Tier
1, and are ineligible for an extended phase-in.
(c) Appendix D of the part contains a listing of municipalities,
indicating the phase-in tier which applies. Municipalities categorized
under Tier 1 are those which failed to supply wage data.
(d) Employees of municipalities who have reason to believe that the
municipality by which they are employed has been incorrectly
categorized, e.g., categorized under Tier 3 instead of Tier 2, may no
later than June 1, 1990, file with the Administrator a petition for
review. The petition shall be accompanied by any information the
employee may have to support a determination that the municipality is
incorrectly categorized. In the event the Administrator determines that
a tier other than that listed in appendix D of this part applies, the
affected municipality shall be liable for retroactive payment of any
back wages found to be due.
(e) Certain employees of municipalities or government corporations
in which the average wage is less than $4.00 per hour are eligible to be
paid under Tier 4, rather than Tier 3. Tier 4 applies only to those
employees employed by municipalities or government corporations who are
principally engaged in one or more of the ``traditional'' functions
listed in Sec. 510.24 (a) or (b). All other employees of such entities
must be paid in accordance with Tier 3.
[55 FR 12120, Mar. 30, 1990; 55 FR 12778, Apr. 5, 1990]
