B-161293, MAY 8, 1967

B-161293: May 8, 1967

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IS SAID TO HAVE BEEN INITIATED WITH REGARD TO THE EMPLOYEE ON THE BASIS OF THE APPENDIX TO THE ADVANCE TABLE ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION IN ANTICIPATION OF THE ENACTMENT OF PUB.L. 891504 (ALSO SEE FPM LTR. 550 16. HOLDING THAT PART- TIME EMPLOYEES HAVING REGULAR DUTY TOURS ON SUNDAYS WERE NOT ENTITLED TO THE PREMIUM PAY AUTHORIZED BY SECTION 405. SUCH PAYMENTS TO THE EMPLOYEE IN QUESTION WERE DISCONTINUED. AS PROBABLY YOU ARE AWARE THE GENERAL ACCOUNTING OFFICE IS NOT CLOTHED WITH GENERAL AUTHORITY TO WAIVE RECOVERY OF OVERPAYMENTS OF COMPENSATION. WE HAVE BEEN INFORMALLY ADVISED THAT THE EMPLOYEE CONCERNED OCCUPIED A POSITION IN GRADE GS-4. WOULD APPEAR TO HAVE BEEN $5.06.

B-161293, MAY 8, 1967

TO THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT:

YOUR LETTER OF APRIL 15, 1967, REFERS TO AN OVERPAYMENT TO A PART TIME EMPLOYEE OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHOSE BASIC WEEKLY WORK TOUR CONSISTED OF EIGHT HOURS OF DUTY EACH SUNDAY.

PREMIUM PAY FOR SUNDAY WORK, AUTHORIZED BY SECTION 405 OF PUB.L. 89 504, APPROVED JULY 18, 1966, IS SAID TO HAVE BEEN INITIATED WITH REGARD TO THE EMPLOYEE ON THE BASIS OF THE APPENDIX TO THE ADVANCE TABLE ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION IN ANTICIPATION OF THE ENACTMENT OF PUB.L. 891504 (ALSO SEE FPM LTR. 550 16, DATED AUGUST 5, 1966), WHICH PROVIDED THAT AN EMPLOYEE WHOSE BASIC WORKWEEK INCLUDED DUTY ON SUNDAY WOULD BE ENTITLED TO PREMIUM PAY FOR SUNDAY WORK.

UPON RECEIPT OF THE COMMISSION'S FPN LTR. 550-19, DATED DECEMBER 6, 1966, CONCERNING AMENDMENTS TO THE PREMIUM PAY PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, WHICH LETTER, AMONG OTHER THINGS, PUBLICIZED OUR DECISION OF OCTOBER 19, 1966, B-159950, HOLDING THAT PART- TIME EMPLOYEES HAVING REGULAR DUTY TOURS ON SUNDAYS WERE NOT ENTITLED TO THE PREMIUM PAY AUTHORIZED BY SECTION 405, SUCH PAYMENTS TO THE EMPLOYEE IN QUESTION WERE DISCONTINUED, EFFECTIVE DECEMBER 18, 1966.

YOUR LETTER ASKS OUR OPINION WHETHER (A) THOSE PAYMENTS FOR THE PERIOD PRIOR TO THE DECISION OF OCTOBER 19, 1966, SHOULD RE RECOVERED, AND (B) SHOULD THOSE PAYMENTS SUBSEQUENT TO THE DECISION OF OCTOBER 19, 1966, BUT PRIOR TO THE DATE OF FPM LTR. 550-19, I.E., DECEMBER 6, 1966, BE RECOVERED?

AS PROBABLY YOU ARE AWARE THE GENERAL ACCOUNTING OFFICE IS NOT CLOTHED WITH GENERAL AUTHORITY TO WAIVE RECOVERY OF OVERPAYMENTS OF COMPENSATION. HOWEVER, WE HAVE BEEN INFORMALLY ADVISED THAT THE EMPLOYEE CONCERNED OCCUPIED A POSITION IN GRADE GS-4, STEP 4, AT $5,256 PER ANNUM, WITH A DAILY RATE OF $20.24. THE PREMIUM COMPENSATION OVERPAID FOR EACH SUNDAY WORKED DURING THE PERIOD BEGINNING WITH THE FIRST PAY PERIOD COMMENCING AFTER JULY 1, 1966, AND ENDING DECEMBER 18, 1966, WOULD APPEAR TO HAVE BEEN $5.06.

HAVING REGARD FOR THE FACT THAT ALLOWANCE OF THE SUNDAY PREMIUM PAY TO THE EMPLOYEE CONCERNED APPEARS TO HAVE BEEN INDUCED BY THE COMMISSIONS' PUBLICATIONS, ABOVE, WE WOULD NOT BE INCLINED TO REQUIRE RECOVERY OF THE OVERPAYMENTS OCCURRING PRIOR TO THE DATE OF THE COMMISSION'S LETTER OF DECEMBER 6, 1966.