B-170853, DEC. 8, 1970

B-170853: Dec 8, 1970

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CLAIMANT'S SALARY WAS NOT PAID ACCORDING TO A STATUTORY PAY SCHEDULE BUT WAS ESTABLISHED BY ADMINISTRATIVE ACTION. IN THE ABSENCE OF SUCH ACTION THERE IS NO ENTITLEMENT TO RETROACTIVE PAY. SINCE YOU WERE EMPLOYED BY THE GOVERNMENT DURING THE RETROACTIVE PERIOD OF THE 1970 PAY ACT AND YOU WERE IN THE SERVICE OF THE UNITED STATES ON THE DATE THAT LAW WAS ENACTED. YOU QUESTION WHY YOU HAVE NOT RECEIVED PAYMENT OF RETROACTIVE COMPENSATION FROM THE TASK FORCE UNDER THAT ACT. WE UNDERSTAND THAT THE SALARY YOU RECEIVED AS ADMINISTRATIVE OFFICER FOR THE TASK FORCE WAS ESTABLISHED BY ADMINISTRATIVE ACTION. SINCE YOU WERE NOT PAID IN ACCORDANCE WITH ONE OF THE STATUTORY PAY SCHEDULES REFERRED TO IN SUBSECTION 2(A)(2) OF PUBLIC LAW 91-231.

B-170853, DEC. 8, 1970

RETROACTIVE PAY INCREASE - FEDERAL EMPLOYEES SALARY ACT OF 1970 DENIAL OF CLAIM FOR RETROACTIVE PAY UNDER THE FEDERAL EMPLOYEES SALARY ACT OF 1970, PUBLIC LAW 91-231, BY EMPLOYEE OF CABINET TASK FORCE ON OIL IMPORT CONTROL. WHILE THE ACT PROVIDES FOR INCREASES IN PAY RETROACTIVE TO DECEMBER 27, 1969, CLAIMANT'S SALARY WAS NOT PAID ACCORDING TO A STATUTORY PAY SCHEDULE BUT WAS ESTABLISHED BY ADMINISTRATIVE ACTION, AND, THEREFORE, UNDER THE PROVISIONS OF THE ACT, THE PAY INCREASE DID NOT ACCRUE AUTOMATICALLY BUT CAN ONLY BE EFFECTED BY ADMINISTRATIVE ACTION. IN THE ABSENCE OF SUCH ACTION THERE IS NO ENTITLEMENT TO RETROACTIVE PAY.

TO MISS ANNE J. MCCAMLEY:

YOUR LETTER OF SEPTEMBER 18, 1970, REQUESTS ADVICE CONCERNING YOUR ENTITLEMENT TO RETROACTIVE COMPENSATION UNDER SECTION 5 OF THE FEDERAL EMPLOYEES SALARY ACT OF 1970, PUBLIC LAW 91-231, APPROVED APRIL 15, 1970.

DURING THE PERIOD FROM APRIL 1969 TO THE END OF FEBRUARY 1970 YOU SERVED AS ADMINISTRATIVE OFFICER FOR THE CABINET TASK FORCE ON OIL IMPORT CONTROL. THE TASK FORCE OFFICIALLY CONCLUDED ITS BUSINESS ON FEBRUARY 27, 1970, WHEREUPON YOU TRANSFERRED TO ANOTHER COMMISSION. ON APRIL 15, 1970, THE PRESIDENT SIGNED PUBLIC LAW 91-231 AUTHORIZING PAY INCREASES FOR MOST CIVILIAN EMPLOYEES OF THE GOVERNMENT RETROACTIVE TO THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON OR AFTER DECEMBER 27, 1969. SINCE YOU WERE EMPLOYED BY THE GOVERNMENT DURING THE RETROACTIVE PERIOD OF THE 1970 PAY ACT AND YOU WERE IN THE SERVICE OF THE UNITED STATES ON THE DATE THAT LAW WAS ENACTED, YOU QUESTION WHY YOU HAVE NOT RECEIVED PAYMENT OF RETROACTIVE COMPENSATION FROM THE TASK FORCE UNDER THAT ACT.

WE UNDERSTAND THAT THE SALARY YOU RECEIVED AS ADMINISTRATIVE OFFICER FOR THE TASK FORCE WAS ESTABLISHED BY ADMINISTRATIVE ACTION. SINCE YOU WERE NOT PAID IN ACCORDANCE WITH ONE OF THE STATUTORY PAY SCHEDULES REFERRED TO IN SUBSECTION 2(A)(2) OF PUBLIC LAW 91-231, YOUR SALARY WAS NOT INCREASED AUTOMATICALLY BY THAT ACT. RATHER, YOUR SALARY RATE COULD HAVE BEEN INCREASED ONLY BY ADMINISTRATIVE ACTION UNDER SECTION 3(D) OF THE ACT AS FOLLOWS:

"(D) NOTWITHSTANDING SECTION 665 OF TITLE 31, THE RATES OF PAY OF EMPLOYEES OF THE FEDERAL GOVERNMENT AND OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WHOSE RATES OF PAY ARE FIXED BY ADMINISTRATIVE ACTION PURSUANT TO LAW AND ARE NOT OTHERWISE INCREASED PURSUANT TO THIS SECTION ARE HEREBY AUTHORIZED TO BE INCREASED, EFFECTIVE ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR AFTER DECEMBER 27, 1969, BY AMOUNTS NOT TO EXCEED THE INCREASES PROVIDED PURSUANT TO SECTION 2 OF THIS ACT FOR CORRESPONDING RATES OF PAY IN THE APPROPRIATE SCHEDULE OR SCALE OF PAY."

THE CABINET TASK FORCE ON OIL IMPORT CONTROL CONCLUDED ITS BUSINESS ON FEBRUARY 27, 1970, PRIOR TO APPROVAL OF THE SALARY ACT (APRIL 15, 1970), AND, THEREFORE, NO ADMINISTRATIVE ACTION WAS TAKEN UNDER SECTION 3(D) OF THE ACT TO INCREASE THE SALARIES OF TASK FORCE EMPLOYEES. ACCORDINGLY, WE MUST ADVISE THAT YOU HAVE NO ENTITLEMENT UNDER PUBLIC LAW 91-231 TO RETROACTIVE PAY.