B-132027, APRIL 18, 1958, 37 COMP. GEN. 695

B-132027: Apr 18, 1958

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CIVILIAN PERSONNEL - JURY DUTY - NONWORKDAYS - FEE RETENTION FULL-TIME AS WELL AS PART-TIME EMPLOYEES WHO ARE COMPENSATED UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945. WHO PERFORM JURY SERVICE ON NONWORKDAYS ARE ENTITLED TO RETAIN THE FEES RECEIVED FOR SUCH SERVICE. DECISIONS INDICATING A CONTRARY CONCLUSION ARE MODIFIED. ON NONWORKDAYS FOR WHICH HE IS NOT COMPENSATED BY THE UNITED STATES. WAS ENTITLED TO RECEIVE AND RETAIN THE JURY FEES PAID TO HIM FOR HIS SERVICE ON SUCH DAYS. A COPY OF WHICH IS ENCLOSED. THE PRINCIPLE IMPLICIT IN OUR DECISION B 129423 WAS APPLIED TO NONWORKDAYS OF FULL-TIME EMPLOYEES. WE HAVE NO OBJECTION TO YOUR CIRCULARIZING THE FEDERAL COURTS TO THAT EFFECT.

B-132027, APRIL 18, 1958, 37 COMP. GEN. 695

CIVILIAN PERSONNEL - JURY DUTY - NONWORKDAYS - FEE RETENTION FULL-TIME AS WELL AS PART-TIME EMPLOYEES WHO ARE COMPENSATED UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, 5 U.S.C. 901, AND WHO PERFORM JURY SERVICE ON NONWORKDAYS ARE ENTITLED TO RETAIN THE FEES RECEIVED FOR SUCH SERVICE. DECISIONS INDICATING A CONTRARY CONCLUSION ARE MODIFIED.

TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, APRIL 18, 1958:

ON APRIL 7, 1958, THE ASSISTANT DIRECTOR ASKED US WHETHER THE SETTLEMENT ACTION TAKEN BY OUR CLAIMS DIVISION IN THE CASE OF MR. EDWARD CANOVAS, CLAIM NO. Z1-837-977, A PER ANNUM EMPLOYEE OF THE TREASURY DEPARTMENT, DIRECTING ALLOWANCE TO HIM OF FEES FOR JURY SERVICE RENDERED BY HIM IN THE DISTRICT COURT, SAN JUAN, PUERTO RICO, ON NONWORKDAYS FOR WHICH HE IS NOT COMPENSATED BY THE UNITED STATES, REPRESENTS A DEPARTURE FROM SOME OF OUR EARLIER DECISIONS REFERRED TO IN HIS LETTER.

IN 26 COMP. GEN. 888, WE RULED THAT A PER ANNUM EMPLOYEE OF THE GOVERNMENT WHO RENDERED JURY SERVICE IN A STATE COURT ON A NONWORKDAY, FOR WHICH HE RECEIVED NO COMPENSATION FROM THE GOVERNMENT, WAS ENTITLED TO RECEIVE AND RETAIN THE JURY FEES PAID TO HIM FOR HIS SERVICE ON SUCH DAYS.

AGAIN IN OUR DECISION OF NOVEMBER 6, 1956, B-129423, 36 COMP. GEN. 378, TO THE DIRECTOR, SELECTIVE SERVICE SYSTEM, A COPY OF WHICH IS ENCLOSED, WE RULED REGARDING CERTAIN PART-TIME EMPLOYEES, WITH REGULARLY SCHEDULED TOURS OF DUTY, THAT WHERE AN EMPLOYEE'S HOURS OF JURY SERVICE DO NOT CONFLICT WITH HIS HOURS OF EMPLOYMENT WITH THE SELECTIVE SERVICE SYSTEM, HE MIGHT PROPERLY RECEIVE AND RETAIN THE USUAL FEES FOR JURY SERVICE. THE CANOVAS CASE TO WHICH THE ASSISTANT DIRECTOR REFERS, THE PRINCIPLE IMPLICIT IN OUR DECISION B 129423 WAS APPLIED TO NONWORKDAYS OF FULL-TIME EMPLOYEES, COMPENSATED UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 901.

THEREFORE, WE HAVE NO OBJECTION TO YOUR CIRCULARIZING THE FEDERAL COURTS TO THAT EFFECT.