The hours an employee of a public agency performs court reporting transcript preparation duties shall not be considered as hours worked for the purposes of subsection (a) if—
(A)#
such employee is paid at a per-page rate which is not less than—
(i) the maximum rate established by State law or local ordinance for the jurisdiction of such public agency,
(ii) the maximum rate otherwise established by a judicial or administrative officer and in effect on July 1, 1995 , or
(iii) the rate freely negotiated between the employee and the party requesting the transcript, other than the judge who presided over the proceedings being transcribed, and
(A)(i)#
the maximum rate established by State law or local ordinance for the jurisdiction of such public agency,
(A)(ii)#
the maximum rate otherwise established by a judicial or administrative officer and in effect on July 1, 1995 , or
(A)(iii)#
the rate freely negotiated between the employee and the party requesting the transcript, other than the judge who presided over the proceedings being transcribed, and
(B)#
the hours spent performing such duties are outside of the hours such employee performs other work (including hours for which the agency requires the employee’s attendance) pursuant to the employment relationship with such public agency.
For purposes of this section, the amount paid such employee in accordance with subparagraph (A) for the performance of court reporting transcript preparation duties, shall not be considered in the calculation of the regular rate at which such employee is employed.