B-164022, AUG. 6, 1968

B-164022: Aug 6, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WE HAVE REVIEWED THE PROPOSED AMENDMENT AND HAVE DISCUSSED IT INFORMALLY WITH MEMBERS OF YOUR STAFF. "SECTION 550.904 AUTHORIZATION OF HAZARD PAY DIFFERENTIAL. "/A) AN AGENCY SHALL PAY THE HAZARD PAY DIFFERENTIAL LISTED IN APPENDIX A TO AN EMPLOYEE WHO IS ASSIGNED TO AND PERFORMS ANY IRREGULAR OR INTERMITTENT DUTY SPECIFIED IN THE APPENDIX WHEN THAT DUTY IS NOT USUALLY INVOLVED IN CARRYING OUT THE DUTIES OF HIS POSITION. "FOR THE PURPOSE OF THIS SECTION: "/1) -NOT USUALLY INVOLVED IN CARRYING OUT THE DUTIES OF HIS POSITION- MEANS THAT EVEN THOUGH THE HAZARDOUS DUTY MAY BE EMBRACED WITHIN THE EMPLOYEE'S POSITION DESCRIPTION IT IS NOT PERFORMED WITH SUFFICIENT REGULATORY TO CONSTITUTE AN ELEMENT IN FIXING THE GRADE OF THE POSITION. "/2) -HAS BEEN TAKEN INTO ACCOUNT IN THE CLASSIFICATION OF HIS POSITION- MEANS THAT THE DUTY CONSTITUTES AN ELEMENT USED IN ESTABLISHING THE GRADE OF THE POSITION.'.

B-164022, AUG. 6, 1968

TO MR. MACY:

WE REFER TO YOUR LETTER OF APRIL 11, 1968, REQUESTING OUR ADVICE AS TO WHETHER WE FIND ANYTHING LEGALLY OBJECTIONABLE IN A PROPOSED AMENDMENT TO SECTION 550.904 OF THE CIVIL SERVICE COMMISSION REGULATIONS WHICH IMPLEMENT THE HAZARDOUS DUTY DIFFERENTIAL PROVISIONS CONTAINED IN 5 U.S.C. 5545 (D).

WE HAVE REVIEWED THE PROPOSED AMENDMENT AND HAVE DISCUSSED IT INFORMALLY WITH MEMBERS OF YOUR STAFF. ON THE BASIS OF THOSE DISCUSSIONS WE SUGGEST THAT THE FOLLOWING OR SIMILAR WORDING BE SUBSTITUTED FOR THAT PROPOSED IN YOUR LETTER.

"SECTION 550.904 AUTHORIZATION OF HAZARD PAY DIFFERENTIAL.

"/A) AN AGENCY SHALL PAY THE HAZARD PAY DIFFERENTIAL LISTED IN APPENDIX A TO AN EMPLOYEE WHO IS ASSIGNED TO AND PERFORMS ANY IRREGULAR OR INTERMITTENT DUTY SPECIFIED IN THE APPENDIX WHEN THAT DUTY IS NOT USUALLY INVOLVED IN CARRYING OUT THE DUTIES OF HIS POSITION. HAZARD PAY DIFFERENTIAL MAY NOT BE PAID AN EMPLOYEE WHEN THE HAZARDOUS DUTY HAS BEEN TAKEN INTO ACCOUNT IN THE CLASSIFICATION OF HIS POSITION.

"FOR THE PURPOSE OF THIS SECTION:

"/1) -NOT USUALLY INVOLVED IN CARRYING OUT THE DUTIES OF HIS POSITION- MEANS THAT EVEN THOUGH THE HAZARDOUS DUTY MAY BE EMBRACED WITHIN THE EMPLOYEE'S POSITION DESCRIPTION IT IS NOT PERFORMED WITH SUFFICIENT REGULATORY TO CONSTITUTE AN ELEMENT IN FIXING THE GRADE OF THE POSITION.

"/2) -HAS BEEN TAKEN INTO ACCOUNT IN THE CLASSIFICATION OF HIS POSITION- MEANS THAT THE DUTY CONSTITUTES AN ELEMENT USED IN ESTABLISHING THE GRADE OF THE POSITION.'

UNDER THE ABOVE REGULATION IT COULD BE ASSUMED THAT AS LONG AS THE HAZARDOUS DUTY WAS NOT TAKEN INTO ACCOUNT IN THE CLASSIFICATION OF THE POSITION IT WOULD NOT BE A DUTY USUALLY INVOLVED IN CARRYING OUT THE GENERAL DUTIES OF THE POSITION.

WE APPRECIATE THE OPPORTUNITY YOU HAVE GIVEN US TO REVIEW THE PROPOSED AMENDMENT PRIOR TO ITS IMPLEMENTATION.