B-117908, JUN. 17, 1955

B-117908: Jun 17, 1955

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GENERAL SERVICES ADMINISTRATION: REFERENCE IS MADE TO THE ASSISTANT ADMINISTRATOR'S LETTER DATED JANUARY 25. YOUR ADMINISTRATION IS CONCERNED IN THE MATTER BECAUSE OF THE RESPONSIBILITIES OF THE FEDERAL RECORDS CENTER FOR MAINTAINING AND SERVICING PERSONNEL AND PAY RECORDS OF FORMER EMPLOYEES PRIMARILY FOR SERVICE HISTORY PURPOSES. REQUEST IS MADE IN THE ASSISTANT ADMINISTRATOR'S LETTER THAT THIS FACTOR BE TAKEN INTO ACCOUNT IN THE RULING WHICH IT IS UNDERSTOOD IS BEING PREPARED HERE ON THE CREDITABILITY OF SUCH SERVICE. WHILE OUR OFFICE IS NOT. THAT THE PERSONS INVOLVED WERE FEDERAL EMPLOYEES. THEIR PERIODS OF SERVICE WERE CREDITABLE FOR THE PURPOSES OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29.

B-117908, JUN. 17, 1955

TO THE HONORABLE EDMUND F. MANSURE, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

REFERENCE IS MADE TO THE ASSISTANT ADMINISTRATOR'S LETTER DATED JANUARY 25, 1955, CONCERNING THE CREDITING, FOR ANNUAL LEAVE PURPOSES, OF SERVICE PERFORMED BY PERSONS CARRIED ON COST-PLUS-A-FIXED-FEE CONTRACTORS' PAYROLLS WHO PERFORMED FUNCTIONS RELATING SOLELY TO THE DEPARTMENT OF THE NAVY'S RESPONSIBILITY IN THE ADMINISTRATION OF THE CONTRACT WORK.

THE DEPARTMENT OF THE NAVY HAS CREDITED SUCH SERVICE FOR ANNUAL LEAVE PURPOSE PURSUANT TO INSTRUCTIONS CONTAINED IN CIVIL SERVICE COMMISSION LETTER DATED NOVEMBER 5, 1952, FROM THE CIVIL SERVICE COMMISSION TO THE NAVY PERSONNEL OFFICE AT PORT HUENEME, CALIFORNIA. YOUR ADMINISTRATION IS CONCERNED IN THE MATTER BECAUSE OF THE RESPONSIBILITIES OF THE FEDERAL RECORDS CENTER FOR MAINTAINING AND SERVICING PERSONNEL AND PAY RECORDS OF FORMER EMPLOYEES PRIMARILY FOR SERVICE HISTORY PURPOSES. REQUEST IS MADE IN THE ASSISTANT ADMINISTRATOR'S LETTER THAT THIS FACTOR BE TAKEN INTO ACCOUNT IN THE RULING WHICH IT IS UNDERSTOOD IS BEING PREPARED HERE ON THE CREDITABILITY OF SUCH SERVICE.

WHILE OUR OFFICE IS NOT, AS STATED TO BE THE UNDERSTANDING OF YOUR ADMINISTRATION, PREPARING A RULING ON THE CREDITABILITY OF SUCH SERVICE, THE MATTER HAS BEEN THE SUBJECT OF CORRESPONDENCE WITH THE CIVIL SERVICE COMMISSION, WHICH HAS PRIMARY JURISDICTION IN DETERMINING SERVICE CREDITABILITY. THE COMMISSION HAS DETERMINED, CONSISTENT WITH THE COURT RULINGS IN LEWIS ET AL. V. VIRGINIA ENGINEERING CO., INC., 80 F.SUPP. 886, AND FRUCO CONSTRUCTION COMPANY V. MCCLELLAND ET AL., 192 F.2D 241, THAT THE PERSONS INVOLVED WERE FEDERAL EMPLOYEES, AND, AS SUCH, THEIR PERIODS OF SERVICE WERE CREDITABLE FOR THE PURPOSES OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 468, AS AMENDED, AND THEREFORE CREDITABLE FOR ANNUAL LEAVE ACCRUAL PURPOSES.

THE COMMISSION REQUIRES THAT EACH CASE BE FULLY DOCUMENTED AS REGARDS THE FACTS NECESSARY TO BE ESTABLISHED FOR CREDITING SUCH SERVICE. IT IS THEREFORE APPARENT THAT ANY QUESTIONS YOUR ADMINISTRATION MAY HAVE CONCERNING THE RECORDS TO BE RETAINED SHOULD BE TAKEN UP WITH THE COMMISSION. IN THIS CONNECTION IT IS NOTED THAT THE PROBLEMS OUTLINED IN THE ASSISTANT ADMINISTRATOR'S LETTER SEEM TO BE PREMISED UPON THE RETENTION OF ALL CONTRACTORS' PAYROLLS. HOWEVER, THE IRREGULAR PRACTICE OF HIRING EMPLOYEES TO PERFORM FEDERAL FUNCTIONS AND PLACING THEM ON CONTRACTORS' PAYROLLS WAS DISCONTINUED BY THE DEPARTMENT OF THE NAVY IN 1948, AND THE LAST OF SUCH EMPLOYEES WERE TRANSFERRED TO FEDERAL PAYROLLS DURING 1950 UNDER PROCEDURES AUTHORIZED BY THE CHAIRMAN, CIVIL SERVICE COMMISSION. SEE 32 COMP. GEN. 18.