B-142885, JUN. 9, 1960

B-142885, JUN. 9, 1960

TO MR. FLORAU J. FERNANDEZ, AUTHORIZED CERTIFYING OFFICER, U.S. PUBLIC HEALTH SERVICE HOSPITAL:

ON MAY 11, 1960, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN FAVOR OF GERALD J. BABIN, AN EMPLOYEE OF THE U.S. PUBLIC HEALTH SERVICE HOSPITAL, CARVILLE, LOUISIANA, FOR ADDITIONAL COMPENSATION UNDER EXECUTIVE ORDER NO. 10354, AS AN EMPLOYEE WHOSE DUTY REQUIRES INTIMATE CONTACT WITH LEPROSY PATIENTS.

YOU SAY THAT MR. BABIN WAS APPOINTED AS A PART-TIME EMPLOYEE AT THE HOSPITAL ON DECEMBER 21, 1959, THAT ON MARCH 3, 1960, HE RECEIVED A TEMPORARY EXCEPTED APPOINTMENT FOR FULL-TIME WORK NOT TO EXCEED MARCH 26, 1960. ON MARCH 25, 1960, THAT APPOINTMENT WAS EXTENDED, EFFECTIVE MARCH 27, 1960, NOT TO EXCEED APRIL 30, 1960.

IN THAT REGARD YOU PRESENT THE FOLLOWING QUESTIONS:

"* * * IF THE DIFFERENTIAL IS DUE FROM MARCH 27, 1960 RATHER THAN FROM MARCH 3, 1960, WILL A PAY ADJUSTMENT BE NECESSARY IN THE EVENT MR. BABIN DOES NOT COMPLETE A THIRTY DAY TOUR OF FULL-TIME DUTY FROM THAT DATE? SO, WILL MR. BABIN'S TWELVE HOURS IN LEAVE WITHOUT PAY STATUS (4 HOURS ON 3/17/60 AND 8 HOURS ON 3/25/60 AFFECT THE ENDING DATE OF THE THIRTY DAY PERIOD?

EXECUTIVE ORDER NO. 10354 PROVIDES, IN PART:

"* * * EXCEPT AS PROVIDED IN SEC. 22.2, EVERY CIVIL SERVICE OFFICER OR EMPLOYEE OF THE SERVICE ASSIGNED TO FULL-TIME DUTY FOR A PERIOD OF 30 DAYS OR MORE AT A STATION OF THE SERVICE DEVOTED TO THE CARE OF LEPROSY PATIENTS SHALL RECEIVE, WHILE SO ASSIGNED, IN ADDITION TO THE BASIC COMPENSATION PROVIDED BY LAW FOR HIS POSITION, A SUM EQUAL TO 25 PERCENTUM OF SUCH COMPENSATION: * * *.'

GIVING THE LANGUAGE OF THE EXECUTIVE ORDER ITS USUAL AND ORDINARY MEANING WE UNDERSTAND ITS COVERAGE TO EXTEND TO OFFICERS AND EMPLOYEES OF THE CIVIL SERVICE WHO ARE ADMINISTRATIVELY DIRECTED TO PERFORM FULL TIME TOURS OF DUTY OF 30 DAYS OR MORE AT STATIONS DEVOTED TO THE CARE OF LEPROSY PATIENTS. THE ADDITIONAL COMPENSATION AUTHORIZED BY THE ORDER ACCRUES UPON ENTRANCE ON DUTY UNDER THE ADMINISTRATIVE DIRECTIVE. THEREFORE, THE OFFICER OR EMPLOYEE MUST BE ELIGIBLE UNDER HIS APPOINTMENT AT THE TIME OF ENTRANCE ON DUTY TO SERVE FULL TIME FOR THIRTY DAYS OR MORE. LACKING AN APPOINTMENT THAT WOULD EXTEND FOR AT LEAST THIRTY DAYS THE OFFICER OR EMPLOYEE WOULD NOT BE ELIGIBLE FOR THE ADDITIONAL COMPENSATION.

WE CANNOT REASONABLY ASCRIBE TO THE ORDER AN INTENT TO MAKE ENTITLEMENT TO THE ADDITIONAL COMPENSATION RETROACTIVELY DEPENDENT UPON THE HAPPENING OF A CONTINGENCY--- I.E.--- COMPLETION OF THIRTY DAYS OR MORE OF FULL TIME WORK AT THE STATION. THEREFORE, IN THE CASE PRESENTED IN YOUR LETTER THE EMPLOYEE BECAME ELIGIBLE FOR THE ADDITIONAL COMPENSATION EFFECTIVE MARCH 27, 1960. THE FIRST OF THE QUESTIONS PRESENTED IN THE LAST PARAGRAPH OF YOUR LETTER QUOTED ABOVE IS ANSWERED IN THE NEGATIVE, RENDERING UNNECESSARY AN ANSWER TO THE SECOND QUESTION.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IT PROPERLY MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORDANCE WITH THE FOREGOING HOLDING.