B-166740, MAY 27, 1969

B-166740: May 27, 1969

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A REQUEST FOR PAYMENT OF WHICH WAS PRESENTED TO YOU. THAT YOU DID NOT PAY THAT CLAIM BECAUSE YOU BELIEVED THAT LARGER SUMS WERE DUE YOU AS A RESULT OF YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY IN 1945. A SETTLEMENT CERTIFICATE WAS ISSUED TO YOU DISALLOWING YOUR CLAIM FOR ADDITIONAL COMPENSATION RESULTING FROM A PAY INCREASE WHICH YOU RECEIVED IN JUNE 1945. A COPY OF THAT SETTLEMENT IS ENCLOSED FOR YOUR READY REFERENCE. THE PAY RECORDS FURNISHED US SHOWED THAT YOU WERE PAID AT THE CORRECT RATES FOR JUNE 1945 . YOUR CLAIM FOR ADDITIONAL OVERTIME PAY FOR THAT MONTH WAS ALSO DISALLOWED BECAUSE PART OF THE EXCESS OVERTIME (TIME IN EXCESS OF 48 HOURS PER WEEK) YOU WORKED WAS NOT ADMINISTRATIVELY APPROVED.

B-166740, MAY 27, 1969

TO MR. MELVIN B. HOPSON:

WE REFER TO YOUR LETTER OF APRIL 4, 1969, CONCERNING A DEBT YOU OWE THE UNITED STATES IN THE AMOUNT OF $45.86, A REQUEST FOR PAYMENT OF WHICH WAS PRESENTED TO YOU, APPARENTLY AS A CIVIL SERVICE ANNUITANT BY THE BUREAU OF RETIREMENT, INSURANCE AND OCCUPATIONAL HEALTH OF THE CIVIL SERVICE COMMISSION.

YOU INDICATE THAT THE GOVERNMENT MADE A CLAIM AGAINST YOU FOR THE AMOUNT IN QUESTION ON MARCH 22, 1948, BUT THAT YOU DID NOT PAY THAT CLAIM BECAUSE YOU BELIEVED THAT LARGER SUMS WERE DUE YOU AS A RESULT OF YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY IN 1945. ON MARCH 15, 1950, A SETTLEMENT CERTIFICATE WAS ISSUED TO YOU DISALLOWING YOUR CLAIM FOR ADDITIONAL COMPENSATION RESULTING FROM A PAY INCREASE WHICH YOU RECEIVED IN JUNE 1945, EXCESS OVERTIME WORKED THAT SAME MONTH, AND FOR WORK PERFORMED ON V- J DAY. A COPY OF THAT SETTLEMENT IS ENCLOSED FOR YOUR READY REFERENCE. THE PAY RECORDS FURNISHED US SHOWED THAT YOU WERE PAID AT THE CORRECT RATES FOR JUNE 1945 -- BASE PAY AT THE RATE OF $2000 PER ANNUM FOR THE FIRST HALF OF THAT MONTH OR $83.33, AND AT THE RATE OF $2300 FOR THE SECOND HALF OF THAT MONTH OR $95.83. YOUR CLAIM FOR ADDITIONAL OVERTIME PAY FOR THAT MONTH WAS ALSO DISALLOWED BECAUSE PART OF THE EXCESS OVERTIME (TIME IN EXCESS OF 48 HOURS PER WEEK) YOU WORKED WAS NOT ADMINISTRATIVELY APPROVED. APPROVAL OF OVERTIME WORK BY THE AGENCY CONCERNED WAS NECESSARY BEFORE OVERTIME COMPENSATION WAS PAYABLE. YOUR CLAIM FOR HOLIDAY PAY FOR WORKING ON AUGUST 15 AND 16, 1945, V-J DAY, WAS NOT ALLOWED BECAUSE THOSE DAYS WERE NOT HOLIDAYS WITHIN THE MEANING OF THE CONTROLLING HOLIDAY PAY ACT. SEE 25 COMP. GEN. 254.

ALTHOUGH WE WERE NOT REQUESTED TO CONSIDER THE QUESTION OF ANY OVER PAYMENT MADE TO YOU IN CONNECTION WITH THE SETTLEMENT OF MARCH 15, 1950, WE NOTE THAT YOUR PAY RECORDS SHOW THAT YOUR LUMP-SUM LEAVE PAYMENT INCLUDED NOT ONLY PAY FOR THE 128 HOURS OF ANNUAL LEAVE YOU HAD TO YOUR CREDIT PLUS ONE HOLIDAY BUT ALSO FOR 24 HOURS OF OVERTIME. THAT PAYMENT FOR OVERTIME WHICH YOU DID NOT WORK WAS IN THE AMOUNT OF $45.86 AND IS APPARENTLY THE BASIS FOR THE GOVERNMENT'S CLAIM AGAINST YOU. SINCE OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, WAS AUTHORIZED ONLY FOR OVERTIME ACTUALLY WORKED (25 COMP. GEN. 151) IT APPEARS THAT YOU DID RECEIVE AN EXCESS LUMP-SUM LEAVE PAYMENT AND ARE PROPERLY INDEBTED TO THE GOVERNMENT FOR THE AMOUNT INVOLVED.