B-165311, NOV. 12, 1968

B-165311, NOV. 12, 1968

TO MR. MACY:

WE REFER TO YOUR LETTER OF SEPTEMBER 20, 1968, BY WHICH YOU REQUEST OUR COMMENTS ON THE DRAFT OF A PROPOSED FEDERAL PERSONNEL MANUAL LETTER WHICH THE CIVIL SERVICE COMMISSION PROPOSES TO ISSUE FOR THE PURPOSE OF GIVING INFORMATION AND INSTRUCTIONS TO AGENCIES ON THE PAYMENT OF OVERTIME COMPENSATION FOR TRAVEL TIME UNDER SECTION 550.112 (E) OF THE CIVIL SERVICE REGULATIONS AND 5 U.S.C 5542 (B) (2) (B).

WE HAVE CONCLUDED THAT THERE IS NO LEGAL OBJECTION TO THE PROPOSED DRAFT. WE SUGGET, HOWEVER, THAT THE FOLLOWING CLARIFYING CHANGES IN THE DRAFT AS PRESENTED AND WHICH WERE DISCUSSED INFORMALLY WITH REPRESENTATIVES OF YOUR COMMISSION BE INCORPORATED THEREIN PRIOR TO ISSUANCE: (1) THE SECOND FULL PARAGRAPH ON PAGE 3 OR THE PRECEDING PARAGRAPH SHOULD BE EXPANDED TO STATE THE GENERAL RULE TO WHICH THE EXCEPTION NOW STATED IN SUCH SECOND FULL PARAGRAPH WILL APPLY; AND, (2) ON PAGE 7 THE "DETERMINATION" IN CASE NO. 5 SHOULD BE AMPLIFIED TO INDICATE THAT IF A TRAINING COURSE IS CONDUCTED BY A PRIVATE INSTITUTION FOR THE BENEFIT OF THE GOVERNMENT ADMINISTRATIVE CONTROL OVER THE EVENT MAY BE UNDER GOVERNMENT CONTROL.

REGARDING THE PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES WHEN THEY ARE TRAVELING TO AND FROM TRAINING COURSES, WE HAVE CONCLUDED THAT THE PROVISION OF 5 U.S.C 4109 (A) (1) WHICH PROHIBITS PAYMENT OF PREMIUM COMPENSATION TO EMPLOYEES DURING PERIODS OF TRAINING (EXCEPT WHEN SPECIFICALLY AUTHORIZED BY THE COMMISSION) DOES NOT PREVENT PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES TRAVELING TO AND FROM PLACES OF TRAINING.

WE APPRECIATE THE OPPORTUNITY YOU HAVE GIVEN US TO REVIEW THE PROPOSED LETTER PRIOR TO ITS ISSUANCE.