B-143253, JUL. 6, 1960

B-143253: Jul 6, 1960

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THE RECORD SHOWS THAT DURING THE PERIOD INVOLVED YOU WERE EMPLOYED AT THE BENICIA ARSENAL. AS FOLLOWS: "/B) IN THE CASE OF ANY OFFICER OR EMPLOYEE WHOSE RATE OF BASIC COMPENSATION IS LESS THAN THE MAXIMUM SCHEDULED RATE OF BASIC COMPENSATION PROVIDED FOR GRADE GS-15 IN THE CLASSIFICATION ACT OF 1949. THE MAXIMUM SCHEDULED RATE OF BASIC COMPENSATION FOR GRADE GS-15 IS $13. YOU WERE REQUIRED TO REFUND THAT AMOUNT. THE OVERTIME WORK WAS APPROVED IN WRITING IN ADVANCE GIVES YOU NO ENTITLEMENT TO THE AMOUNT REFUNDED. WE ARE NOT AWARE OF ANY RESTRICTION ON ADMINISTRATIVE OFFICIALS IN ORDERING OVERTIME WORK EVEN THOUGH IT MAY NOT BE POSSIBLE TO COMPENSATE THE EMPLOYEES PERFORMING SUCH WORK BECAUSE OF THE STATUTORY LIMITATIONS REFERRED TO ABOVE.

B-143253, JUL. 6, 1960

TO MR. ROBERT V. HOLMAM:

YOUR LETTER OF JUNE 10, 1960, CONCERNS OUR CLAIMS DIVISION SETTLEMENT OF JUNE 1, 1960, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF $50.56, REPRESENTING OVERTIME PAY FOR THE PERIOD MARCH 16 TO 29, 1959.

THE RECORD SHOWS THAT DURING THE PERIOD INVOLVED YOU WERE EMPLOYED AT THE BENICIA ARSENAL, BENICIA, CALIFORNIA, AT A SALARY OF $9,890 PER ANNUM. YOU PERFORMED 48 HOURS OF OVERTIME WORK DURING THE PAY PERIOD ENDING MARCH 29, 1959, FOR WHICH YOU RECEIVED OVERTIME PAY OF $207.36 IN ADDITION TO BASE PAY OF $380.80, OR A TOTAL OF $588.16.

SECTION 603 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 302, AS AMENDED, 5 U.S.C. 943, PROVIDES, IN PART, AS FOLLOWS:

"/B) IN THE CASE OF ANY OFFICER OR EMPLOYEE WHOSE RATE OF BASIC COMPENSATION IS LESS THAN THE MAXIMUM SCHEDULED RATE OF BASIC COMPENSATION PROVIDED FOR GRADE GS-15 IN THE CLASSIFICATION ACT OF 1949, AS AMENDED, SUCH PREMIUM COMPENSATION MAY BE PAID ONLY TO THE EXTENT THAT SUCH PAYMENT WOULD NOT CAUSE HIS AGGREGATE RATE OF COMPENSATION TO EXCEED SUCH MAXIMUM SCHEDULED RATE WITH RESPECT TO ANY PAY PERIOD.'

THE MAXIMUM SCHEDULED RATE OF BASIC COMPENSATION FOR GRADE GS-15 IS $13,970 PER ANNUM OF $537.60 PER BIWEEKLY PAY PERIOD. AUDIT OF THE PAY RECORD DISCLOSED THAT YOUR COMPENSATION FOR THE PAY PERIOD ENDING MARCH 29, 1959, EXCEEDED THE AGGREGATE COMPENSATION ALLOWABLE UNDER 5 U.S.C. 943 (B) BY $50.56. THEREFORE, YOU WERE REQUIRED TO REFUND THAT AMOUNT.

SINCE 5 U.S.C. 943 (B) PROHIBITS PAYMENT OF COMPENSATION IN EXCESS OF THE AGGREGATE COMPENSATION AUTHORIZED THEREUNDER, THE FACT THAT THE PERFORMANCE OF, AND PAYMENT FOR, THE OVERTIME WORK WAS APPROVED IN WRITING IN ADVANCE GIVES YOU NO ENTITLEMENT TO THE AMOUNT REFUNDED.

WE ARE NOT AWARE OF ANY RESTRICTION ON ADMINISTRATIVE OFFICIALS IN ORDERING OVERTIME WORK EVEN THOUGH IT MAY NOT BE POSSIBLE TO COMPENSATE THE EMPLOYEES PERFORMING SUCH WORK BECAUSE OF THE STATUTORY LIMITATIONS REFERRED TO ABOVE.

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