An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than—
(A)#
the average regular rate received by such employee during the last 3 years of the employee’s employment, or
(B)#
the final regular rate received by such employee,
whichever is higher 3 3 So in original. Probably should be followed by a period.