B-167670, SEP. 24, 1969

B-167670: Sep 24, 1969

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A REEMPLOYED ANNUITANT IN A WHEN-ACTUALLY-EMPLOYED BASIS WHO WORKS ON SATURDAYS AND SUNDAYS MUST HAVE THE DAILY RATE OF COMPENSATION REDUCED BY THE AMOUNT OF THE ANNUITY. ONLY WHEN AN ANNUITANT IS REEMPLOYED ON A FULL -TIME BASIS WITH A REGULARLY PRESCRIBED TOUR OF DUTY WOULD BE ENTITLED TO FULL PER DIEM RATE FOR WORK ON SATURDAY OR SUNDAY. FOR WHOM A VOUCHER WAS NOT SUBMITTED. WHOSE SITUATION IS IDENTICAL TO THE MATTER PRESENTED. HE WAS GIVEN AN EXCEPTED APPOINTMENT AS AN EXPERT AND CONSULTANT FOR A PERIOD OF 90 DAYS. THE APPOINTMENT WAS EXTENDED FOR AN ADDITIONAL 30 DAYS. THE AUTHORIZED DAILY RATE OF COMPENSATION WAS $98.88 FOR EACH DAY HE WAS ACTUALLY EMPLOYED (WAE) AND THAT NO FIXED WORK SCHEDULE WAS ESTABLISHED FOR HIM.

B-167670, SEP. 24, 1969

CIVIL PAY - REEMPLOYED ANNUITANTS - RATE OF COMPENSATION DECISION TO CERTIFYING OFFICER OF POSTAL DATA CENTER CONCERNING DAILY RATE OF COMPENSATION PAYABLE TO REEMPLOYED ANNUITANT SERVING AS A CONSULTANT. A REEMPLOYED ANNUITANT IN A WHEN-ACTUALLY-EMPLOYED BASIS WHO WORKS ON SATURDAYS AND SUNDAYS MUST HAVE THE DAILY RATE OF COMPENSATION REDUCED BY THE AMOUNT OF THE ANNUITY. ONLY WHEN AN ANNUITANT IS REEMPLOYED ON A FULL -TIME BASIS WITH A REGULARLY PRESCRIBED TOUR OF DUTY WOULD BE ENTITLED TO FULL PER DIEM RATE FOR WORK ON SATURDAY OR SUNDAY.

TO MR. JOHN F. CORKERY:

YOUR LETTER OF AUGUST 6, 1969, REFERENCE 61:JFC:DM, ASKS WHETHER THE ENCLOSED VOUCHER IN FAVOR OF MR. BERT B. BARNES, A REEMPLOYED ANNUITANT, MAY BE CERTIFIED FOR PAYMENT UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED. WE NOTE THAT YOU REFER TO ANOTHER REEMPLOYED ANNUITANT, FOR WHOM A VOUCHER WAS NOT SUBMITTED, WHOSE SITUATION IS IDENTICAL TO THE MATTER PRESENTED.

YOU SAY THAT IN 1962 MR. BARNES RETIRED FROM THE POSTAL SERVICE. APRIL 23, 1969, HE WAS GIVEN AN EXCEPTED APPOINTMENT AS AN EXPERT AND CONSULTANT FOR A PERIOD OF 90 DAYS. THE APPOINTMENT WAS EXTENDED FOR AN ADDITIONAL 30 DAYS. THE AUTHORIZED DAILY RATE OF COMPENSATION WAS $98.88 FOR EACH DAY HE WAS ACTUALLY EMPLOYED (WAE) AND THAT NO FIXED WORK SCHEDULE WAS ESTABLISHED FOR HIM. DURING THE ADMINISTRATIVE WORKWEEK OF MAY 18 THROUGH MAY 24, 1969, MR. BARNES WORKED 7 DAYS AND WAS PAID AT THE REDUCED DAILY RATE FOR ALL SUCH DAYS. HE CONTENDS NO REDUCTION SHOULD HAVE BEEN MADE FROM THE DAILY RATE OF $98.88 FOR THE WORK PERFORMED ON SATURDAY AND SUNDAY. IT IS POINTED OUT THAT OUR DECISIONS 28 COMP. GEN. 693; 32 ID. 146 AND 36 ID. 186, SUPPORT MR. BARNES' CONTENTION.

IN OUR DECISION B-81063, JUNE 7, 1949 (28 COMP. GEN. 693), WE HELD, IN PERTINENT PART, AS FOLLOWS: "THE HOLDING HEREIN TO THE EFFECT THAT THE ANNUITY PAYABLE TO A REEMPLOYED ANNUITANT MUST, IN CONSONANCE WITH SECTION 2 (B) OF THE ACT OF FEBRUARY 28, 1948, BE DEDUCTED FROM THE ANNUAL SALARY OF THE POSITION TO DETERMINE THE TOTAL SALARY PAYABLE IS FOR APPLICATION IN CASES WHERE ANNUITANTS ARE REEMPLOYED UPON A PER DIEM OR HOURLY BASIS; AND TO DETERMINE THE PER DIEM OR HOURLY RATE PROPERLY PAYABLE, THE RATES OF SUCH PAY SHOULD BE CONVERTED TO THEIR PER ANNUM EQUIVALENT, WHICH EQUIVALENT RATE SHOULD BE REDUCED BY THE TOTAL ANNUITY RECEIVED, AND THE REMAINDER THEREOF RECONVERTED TO A PER DIEM OR PER HOUR RATE.' FURTHER WE HELD IN B-128554, AUGUST 30, 1956 (36 COMP. GEN. 186), AS FOLLOWS: "THE STANDARD EMPLOYMENT YEAR FOR CIVIL SERVICE ANNUITANTS WHO ARE REEMPLOYED AS CONSULTANTS OR EXPERTS ON A WHEN-ACTUALLY-EMPLOYED BASIS IS NOW ESTABLISHED AT 260 DAYS FOR COMPUTING THE ANNUAL COMPENSATION FROM WHICH THE ANNUITY ID DEDUCTED AND FOR CONVERTING THE REMAINDER TO A PER DIEM RATE. B-95277, JULY 5, 1950, UNPUBLISHED, OVERRULED.'

THE FOREGOING DECISIONS PROVIDE THAT REEMPLOYED ANNUITANTS MUST HAVE THE SALARY PAYABLE UNDER THEIR APPOINTMENTS OR AGREEMENTS CONVERTED TO THE PER ANNUM EQUIVALENT WHICH EQUIVALENT RATE SHOULD BE REDUCED BY THE TOTAL ANNUITY PAYABLE. APPLYING THAT PRINCIPLE TO THE CASE PRESENTED, WE SECURE THE FOLLOWING RESULTS. THE DAILY SALARY RATE IS SHOWN TO BE $98.88. SUCH FIGURE MULTIPLIED BY THE STANDARD EMPLOYMENT YEAR REFERRED TO ABOVE, 260 DAYS, REPRESENTS AN ANNUAL SALARY OF $25,708.80. THE MONTHLY ANNUITY IS SHOWN TO BE $1,359. THAT FIGURE MULTIPLIED BY 12, THE NUMBER OF ANNUITY PAYMENTS MADE ANNUALLY, TOTALS $16,308. SUBTRACTING THE TOTAL ANNUITY OF $16,308, REQUIRED BY LAW AS SHOWN IN THE ABOVE DECISION (NOW CODIFIED IN 5 U.S.C. 8344), FROM THE ANNUAL SALARY OF $25,708.80 YOU OBTAIN A DIFFERENCE OF $9,400.80. THIS IS THE ANNUAL RATE. TO REDUCE TO A DAILY BASIS SUCH SALARY MUST BE DIVIDED BY 260 DAYS. THE RESULT THEREOF IS A $36.15 DAILY SALARY RATE, THE AMOUNT PAYABLE FOR EACH DAY MR. BARNES WORKED AS AN EXPERT AND CONSULTANT.

SINCE THE VOUCHER YOU SUBMITTED FOR MR. BARNES SHOWS THAT HE WAS PAID FOR THE PAY PERIOD ENDING MAY 31, 1969, AT THAT DAILY RATE FOR ALL HOURS WORKED BY HIM AS AN EXPERT AND CONSULTANT FOR THAT PERIOD, INCLUDING THE 2 DAYS FOR WHICH HE MAKES CLAIM, NO ADDITIONAL AMOUNT PROPERLY IS DUE HIM. IF THE OTHER ANNUITANT TO WHOM YOU REFER HAS BEEN SIMILARLY COMPENSATED, NO FURTHER AMOUNT WOULD APPEAR TO BE DUE HIM.

IT IS ONLY WHEN AN ANNUITANT IS REEMPLOYED ON A FULL TIME BASIS WITH A REGULARLY PRESCRIBED TOUR OF DUTY THAT HE WOULD BE ENTITLED TO THE FULL PER DIEM RATE FOR WORK ON A SATURDAY OR SUNDAY, AS REFLECTED IN OUR DECISION 32 COMP. GEN. 146, REFERRED TO BY YOU.