B-157560, SEP. 15, 1965

B-157560: Sep 15, 1965

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YOUR CLAIM WAS FOR PAYMENT OF 15 PERCENT PREMIUM COMPENSATION UNDER SECTION 401 (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. YOU WERE ADVISED THAT PAYMENT OF THE PREMIUM COMPENSATION AUTHORIZED BY SECTION 401 (2) FOR IRREGULAR. UNSCHEDULED OVERTIME IS DISCRETIONARY WITH THE HEAD OF THE DEPARTMENT OR AGENCY AND SINCE THE DEPARTMENT OF THE INTERIOR DID NOT AUTHORIZE PAYMENT OF SUCH PREMIUM COMPENSATION TO GAME MANAGEMENT AGENTS UNTIL JULY 8. YOU WERE NOT ELIGIBLE TO RECEIVE PAYMENT THEREOF. YOU HAVE REQUESTED REVIEW OF YOUR CLAIM FOR OVERTIME COMPENSATION NOW BASED ON SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. YOUR CLAIM IS FOR $17. YOUR CLAIM IS SIMILAR TO THE CLAIMS INVOLVED IN THE PENDING CASE OF EDWARD L.

B-157560, SEP. 15, 1965

TO MR. FRANK S. BOOMHOWER:

THIS REFERS TO YOUR LETTER OF JULY 28, 1965, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED APRIL 1, 1965, WHICH DISALLOWED YOUR CLAIM FOR 15 PERCENT PREMIUM COMPENSATION FOR OVERTIME WORK ALLEGEDLY PERFORMED DURING THE PERIOD SEPTEMBER 1, 1954, THROUGH DECEMBER 31, 1957, WHILE EMPLOYED AS A UNITED STATES GAME MANAGEMENT AGENT, BUREAU OF SPORT FISHERIES AND WILDLIFE, DEPARTMENT OF THE INTERIOR.

ORIGINALLY, YOUR CLAIM WAS FOR PAYMENT OF 15 PERCENT PREMIUM COMPENSATION UNDER SECTION 401 (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 926 (2). IN OUR SETTLEMENT OF APRIL 1, 1965, YOU WERE ADVISED THAT PAYMENT OF THE PREMIUM COMPENSATION AUTHORIZED BY SECTION 401 (2) FOR IRREGULAR, UNSCHEDULED OVERTIME IS DISCRETIONARY WITH THE HEAD OF THE DEPARTMENT OR AGENCY AND SINCE THE DEPARTMENT OF THE INTERIOR DID NOT AUTHORIZE PAYMENT OF SUCH PREMIUM COMPENSATION TO GAME MANAGEMENT AGENTS UNTIL JULY 8, 1962, YOU WERE NOT ELIGIBLE TO RECEIVE PAYMENT THEREOF.

BY YOUR LETTER OF JULY 28, 1965, YOU HAVE REQUESTED REVIEW OF YOUR CLAIM FOR OVERTIME COMPENSATION NOW BASED ON SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911. YOUR CLAIM IS FOR $17,582.70, REPRESENTING PAYMENT FOR 4,089 HOURS OF OVERTIME PERFORMED DURING THE PERIOD AUGUST 1, 1955, THROUGH DECEMBER 31, 1957.

AS REVISED, YOUR CLAIM IS SIMILAR TO THE CLAIMS INVOLVED IN THE PENDING CASE OF EDWARD L. CARTER AND JAMES C. SAVAGE V. UNITED STATES, CT.CL.NO. 49-64. SINCE IT IS THE POLICY OF OUR OFFICE TO DEFER ACTION ON A CLAIM WHEN A QUESTION OF LAW INVOLVED IN THE DISPOSITION THEREOF IS PENDING IN COURT, WE SHALL WITHHOLD FURTHER ACTION ON YOUR CLAIM PENDING THE OUTCOME OF PROCEEDINGS IN THE CASE CITED ABOVE. YOU SHOULD BE PREPARED TO SUFFICIENT EVIDENCE IN CORROBORATION OF THE FACT THAT YOU DID PERFORM THE HOURS OF OVERTIME WORK AS CLAIMED. WE NOTE THAT THE ADMINISTRATIVE OFFICE REPORTS THAT THE TIME AND ATTENDANCE RECORDS COVERING THE PERIOD INVOLVED HAVE BEEN DESTROYED IN ACCORDANCE WITH ESTABLISHED PROCEDURES.