B-168283, DEC. 22, 1969

B-168283, DEC. 22, 1969

COMPENSATION--OVERTIME--WORK IN EXCESS OF DAILY BUT NOT WEEKLY LIMITATION CONCERNING EMPLOYEE NORMALLY WORKING FROM 8 A.M. TO 4:30 P.M; MONDAY THROUGH FRIDAY, BUT WHO DURING REGULAR 80-HOUR PAY PERIOD WAS REQUIRED TO WORK REGULARLY SCHEDULED 8-HOUR NIGHT SHIFT BETWEEN 6:30 P.M; WEDNESDAY, AND 2:30 A.M; THURSDAY, SEPT. 4, 1969, ALSO WORKING REGULAR DAY SHIFT ON THURSDAY, HE IS ENTITLED TO 2-1/2 HOURS OVERTIME PAY FOR THURSDAY SINCE UNDER SEC. 550.111 (A), PART 550, CIVIL SERVICE REGULATIONS, FPM SUPPLEMENT 990-1, OVERTIME WORK MEANS EACH WORK HOUR EXCEEDING 8 HOURS PER DAY OFFICIALLY ORDERED OR APPROVED AND PERFORMED; HOWEVER, RETIREMENT SHOULD BE DEDUCTED FOR FULL 80 HOURS AT BASIC PAY AS REQUIRED BY 5 U.S.C. 8334, 5 U.S.C. 8331 (3) (C) DEFINING "BASIC PAY" AS EXCLUDING OVERTIME PAY.

TO MR. STANLEY J. TREASURE:

YOUR LETTER OF OCTOBER 14, 1969, REFERENCE D:MI:DC:F, FORWARDED HERE ON OCTOBER 30, 1969, BY MR. GRAY W. HUME, FISCAL MANAGEMENT OFFICER, REQUESTS A DECISION ON WHETHER THE PROPOSED PAYMENT TO JOHN R. JENKINS, DISCUSSED BELOW, IN THE AMOUNT OF $321.62 MAY BE CERTIFIED FOR PAYMENT. THE PAYMENT REPRESENTS 77-1/2 HOURS REGULAR PAY, 8 HOURS NIGHT DIFFERENTIAL AND 2-1/2 HOURS OVERTIME FOR THE PAY PERIOD AUGUST 24 TO SEPTEMBER 6, 1969. THE GROSS AMOUNT SHOWN ON THE VOUCHER IS $342.61 WHICH INCLUDES THE $321.62 PLUS THE EMPLOYER'S CONTRIBUTIONS OF $19.75 FOR CIVIL SERVICE RETIREMENT AND $1.24 FOR GROUP LIFE INSURANCE. MR. JONES IS SHOWN ON THE VOUCHER AS BEING IN THE 3RD STEP OF GRADE GS-7 AT $8,149 PER YEAR OR $3.92 PER HOUR.

YOU STATE THAT MR. JENKINS NORMALLY WORKS AN 8-HOUR TOUR OF DUTY FROM 8 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY. DURING THE PAY PERIOD FOR AUGUST 24 TO SEPTEMBER 6, 1969, HE WAS REQUIRED TO WORK A REGULARLY SCHEDULED NIGHT SHIFT OF 8 HOURS BETWEEN 6:30 P.M. WEDNESDAY, SEPTEMBER 3 AND :30 A.M. THURSDAY, SEPTEMBER 4. HE ALSO WORKED HIS REGULAR DAY SHIFT ON THURSDAY. MR. JENKINS HAS BEEN PAID FOR 80 HOURS REGULAR PAY AND 8 HOURS NIGHT DIFFERENTIAL AND YOUR OFFICE HAS BEEN ASKED TO PAY MR. JENKINS FOR 2-1/2 HOURS OVERTIME SINCE HE WORKED 10-1/2 HOURS ON SEPTEMBER 4.

YOU SPECIFICALLY ASK:

"1. IS MR. JENKINS ENTITLED ONLY TO 8 HOURS BASE PAY FOR THE 8 HOURS WORKED FOR THE SHIFT BEGINNING 6:30 PM WEDNESDAY, SEPTEMBER 3, AND ENDING 2:30 AM THURSDAY, SEPTEMBER 4, AND FOR THE 8 HOURS WORKED FROM 8:00 AM TO 4:30 PM, THURSDAY, SEPTEMBER 4, OR;

"2. IS HE ENTITLED TO FIVE AND ONE HALF HOURS -BASE- PAY FROM 6:30 PM TO 12 MIDNIGHT, WEDNESDAY, SEPTEMBER 3, AND TWO AND ONE HALF HOURS OVERTIME PAY FROM 12:01 AM, TO 2:30 AM, THURSDAY, SEPTEMBER 4, AND 8 HOURS -BASE- PAY FROM 8:00 AM TO 4:30 PM, THURSDAY?

"3. IF YOUR ANSWER TO 2 ABOVE IS THAT MR. JENKINS IS ENTITLED TO OVERTIME PAY FOR THE TWO AND ONE HALF HOURS, SHOULD RETIREMENT DEDUCTIONS BE MADE AS THOUGH HE WAS RECEIVING A FULL 80 HOUR PAYMENT FOR THE PAY PERIOD PLUS THE OVERTIME, OR SHOULD DEDUCTIONS BE MADE ONLY FOR THE 77-1/2 HOURS -BASE - PAY.'

IN 42 COMP. GEN. 195 (1962), REFERRED TO BY YOU, WE CONCLUDED THAT ANY 24 -HOUR PERIOD MAY BE TREATED AS A DAY AND THAT ANY CONSECUTIVE 7 DAY PERIOD MAY BE TREATED AS A WEEK. WE DID POINT OUT, HOWEVER, THAT WHEN ADMINISTRATIVELY FEASIBLE THE SUNDAY THROUGH SATURDAY WEEK AND MIDNIGHT TO MIDNIGHT DAY SHOULD BE USED.

SECTION 550.111 (A), PART 550, OF THE CIVIL SERVICE REGULATIONS, FPM SUPPLEMENT 990-1, PROVIDES IN PERTINENT PART: "OVERTIME WORK MEANS EACH HOUR OF WORK * * * IN EXCESS OF EIGHT HOURS IN A DAY * * *" WHEN SUCH WORK IS OFFICIALLY ORDERED OR APPROVED AND PERFORMED BY AN EMPLOYEE.

WE UNDERSTAND THAT MR. JENKINS' WORKWEEK WAS ESTABLISHED TO ACCORD WITH SECTION 610.121 OF THE CIVIL SERVICE REGULATIONS, FPM SUPPLEMENT 990-1, I.E., THE BASIC 40-HOUR WORKWEEK IS MONDAY THROUGH FRIDAY WITH HOURS FROM 8 A.M. TO 4:30 P.M. HIS "WORKDAY" IS DESCRIBED ON A CALENDAR DAY BASIS WITH THE 24-HOUR PERIOD MEASURED FROM MIDNIGHT TO MIDNIGHT. IN THIS CONNECTION SEE SECTION 610.111, CIVIL SERVICE REGULATIONS, PERTAINING TO ESTABLISHMENT OF WORKWEEKS.

5 U.S.C. 8334, PERTAINING TO RETIREMENT DEDUCTIONS, CONTRIBUTIONS AND DEPOSITS, PROVIDES THAT DEDUCTIONS SHALL BE MADE FROM "BASIC PAY.' U.S.C. 8331 (3) (C) DEFINES "BASIC PAY" AS BEING EXCLUSIVE OF OVERTIME PAY. ALSO SEE 42 COMP. GEN. 429 (1963) AT PAGE 431.

ACCORDINGLY, MR. JENKINS, IN ADDITION TO THE PAY ALREADY RECEIVED FOR THE PERIOD IN QUESTION, IS ENTITLED TO AN ADJUSTMENT OF HALF PAY FOR THE 2-1/2 HOURS WORKED IN EXCESS OF HIS 8 REGULAR HOURS ON SEPTEMBER 4. RETIREMENT DEDUCTIONS SHOULD BE MADE FOR FULL 80 HOURS AT BASIC RATE OF PAY EXCLUSIVE OF THE HALF PAY FOR THE 2-1/2 HOURS.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY IN ACCORD WITH THIS DECISION.