B-159950, B-161293, APR. 26, 1968
Highlights
WE SAID THAT COLLECTION OF OVERPAYMENTS WAS REQUIRED FROM OCTOBER 19. HOLDING THAT PART-TIME WORKERS WERE NOT ENTITLED TO SUNDAY PREMIUM PAY. IF WE ARE PERMITTED TO FOLLOW THE MAY 8. HAVE ALREADY BEEN COLLECTED? FOR THE EFFECTIVE DATE OF COLLECTION OF OVERPAYMENTS OF SUNDAY PREMIUM PAY IS OVERRULED AND THE DATE OF DECEMBER 6. WE WOULD HAVE NO OBJECTION TO REFUND OF AMOUNTS COLLECTED COVERING THE PERIOD OCTOBER 19 TO DECEMBER 6. THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY.
B-159950, B-161293, APR. 26, 1968
TO MR. SECRETARY:
BY LETTER OF APRIL 9, 1968, YOUR ASSISTANT SECRETARY FOR ADMINISTRATION CALLS ATTENTION TO THE SEEMING INCONSISTENCY IN OUR TWO DECISIONS B- 159950, DECEMBER 21, 1967, AND B-161293, MAY 8, 1967, REGARDING RECOVERY OF OVERPAYMENTS OF PREMIUM PAY FOR SUNDAY WORK TO PART-TIME EMPLOYEES ARISING FROM OUR DECISION B-159950, OCTOBER 19, 1966.
IN OUR DECISION B-161293, MAY 8, 1967, WE INDICATED THAT WE WOULD NOT BE INCLINED TO REQUIRE RECOVERY OF OVERPAYMENTS OCCURRING PRIOR TO THE DATE OF THE CIVIL SERVICE COMMISSION'S LETTER OF DECEMBER 6, 1966, PUBLISHING OUR DECISION OF OCTOBER 19, 1966. HOWEVER, IN OUR LATER DECISION B- 159950, DECEMBER 21, 1967, WE SAID THAT COLLECTION OF OVERPAYMENTS WAS REQUIRED FROM OCTOBER 19, 1966, THE DATE OF OUR DECISION B-159950, HOLDING THAT PART-TIME WORKERS WERE NOT ENTITLED TO SUNDAY PREMIUM PAY.
IN CONNECTION WITH THE FOREGOING YOU ASK THE FOLLOWING QUESTIONS:
"1. WE WOULD LIKE TO FOLLOW YOUR DECISION OF MAY 8, 1967, RATHER THAN THE DECISION YOU GAVE US ON DECEMBER 21, 1967, IN SETTLING OUR CASES. WOULD YOU BE REQUIRED TO OBJECT TO OUR ADOPTING THIS COURSE?
"2. IF WE ARE PERMITTED TO FOLLOW THE MAY 8, 1967, DECISION, SHOULD REFUNDS BE MADE TO EMPLOYEES FROM WHOM OVERPAYMENTS OCCURRING BETWEEN OCTOBER 19 AND DECEMBER 6, 1966, HAVE ALREADY BEEN COLLECTED?
IN ORDER TO ELIMINATE THE ABOVE INCONSISTENCY THAT PORTION OF B 159950, DECEMBER 21, 1967, SETTING A DATE OF OCTOBER 19, 1966, FOR THE EFFECTIVE DATE OF COLLECTION OF OVERPAYMENTS OF SUNDAY PREMIUM PAY IS OVERRULED AND THE DATE OF DECEMBER 6, 1966, SUBSTITUTED THEREFORE. ALSO, WE WOULD HAVE NO OBJECTION TO REFUND OF AMOUNTS COLLECTED COVERING THE PERIOD OCTOBER 19 TO DECEMBER 6, 1966. THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY.