B-177147, DEC 19, 1972
Highlights
CONGRESS IN PRESCRIBING THE COVERAGE OF CIVIL SERVICE RETIREMENT IN 5 U.S.C. 8331 INCLUDED EMPLOYEES OF GPO WHOSE COMPENSATION IS FIXED UNDER 44 U.S.C. 305. WHICH IS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES CONCERNED. NEGOTIATED PENSION PLAN PROVIDES THAT EMPLOYERS WHO HAVE AGREED TO PARTICIPATE WILL MAKE CONTRIBUTIONS TO THE PLAN IN AMOUNTS PROVIDED IN COLLECTIVE BARGAINING AGREEMENTS AND THAT THE PLAN WILL BE ADMINISTERED BY A GROUP OF TRUSTEES REPRESENTING BOTH THE UNION AND THE EMPLOYERS. IF THE REPLY TO NO. 1 IS IN THE NEGATIVE. ARE THE PROVISIONS OF 44 U.S.C. 305 BROAD ENOUGH TO INCLUDE PAYMENTS WHICH ARE NOT CLASSIFIED AS 'RATE OF WAGES' IN THE ABSENCE OF SPECIFIC LEGISLATION SUCH AS THE RETIREMENT ACT.
B-177147, DEC 19, 1972
CIVILIAN PERSONNEL - UNION PENSION PLAN - GOVERNMENT PARTICIPATION CONCERNING THE APPLICABILITY OF 44 U.S.C. 305 TO THE PARTICIPATION OF THE GOVERNMENT PRINTING OFFICE (GPO) IN THE INTERNATIONAL TYPOGRAPHICAL UNION NEGOTIATED PENSION PLAN FOR THE BENEFIT OF CRAFT EMPLOYEES IN THE COMPOSING DIVISION OF GPO. CONGRESS IN PRESCRIBING THE COVERAGE OF CIVIL SERVICE RETIREMENT IN 5 U.S.C. 8331 INCLUDED EMPLOYEES OF GPO WHOSE COMPENSATION IS FIXED UNDER 44 U.S.C. 305. THEREFORE, 44 U.S.C. 305 WOULD NOT EXTEND TO PROVIDING A SIMILAR BENEFIT UNDER THE I.T.U. NEGOTIATED PENSION PLAN SINCE SUCH A BENEFIT WOULD BE INCONSISTENT WITH THE COVERAGE PROVIDED UNDER THE CIVIL SERVICE RETIREMENT PROGRAM.
TO MR. H. J. HUMPHREY:
WE REFER TO YOUR LETTER OF SEPTEMBER 28, 1972, CONCERNING PARTICIPATION BY THE GOVERNMENT PRINTING OFFICE (GPO) IN THE INTERNATIONAL TYPOGRAPHICAL UNION (I.T.U.) NEGOTIATED PENSION PLAN FOR THE BENEFIT OF CRAFT EMPLOYEES IN THE COMPOSING DIVISION OF GPO. THE I.T.U., WHICH IS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES CONCERNED, SPONSORS THE PENSION PLAN IN QUESTION FOR UNION MEMBERS WHO WORK FOR PARTICIPATING EMPLOYERS.
THE I.T.U. NEGOTIATED PENSION PLAN PROVIDES THAT EMPLOYERS WHO HAVE AGREED TO PARTICIPATE WILL MAKE CONTRIBUTIONS TO THE PLAN IN AMOUNTS PROVIDED IN COLLECTIVE BARGAINING AGREEMENTS AND THAT THE PLAN WILL BE ADMINISTERED BY A GROUP OF TRUSTEES REPRESENTING BOTH THE UNION AND THE EMPLOYERS.
YOU ASK THE FOLLOWING QUESTIONS WITH RESPECT TO GPO PARTICIPATION IN THE PENSION PLAN:
"1. COULD SUCH CONTRIBUTIONS TO A NEGOTIATED PLAN PROPERLY BE CONSIDERED TO BE 'RATES OF WAGES' WITHIN THE MEANING OF 44 U.S.C. 305, WHICH PROVIDES IN PERTINENT PART, THAT 'THE RATE OF WAGES, INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK FOR MORE THAN 10 EMPLOYEES OF THE SAME OCCUPATION SHALL BE DETERMINED BY A CONFERENCE BETWEEN THE PUBLIC PRINTER AND A COMMITTEE SELECTED BY THE TRADES AFFECTED'?
"2. IF THE REPLY TO NO. 1 IS IN THE NEGATIVE, ARE THE PROVISIONS OF 44 U.S.C. 305 BROAD ENOUGH TO INCLUDE PAYMENTS WHICH ARE NOT CLASSIFIED AS 'RATE OF WAGES' IN THE ABSENCE OF SPECIFIC LEGISLATION SUCH AS THE RETIREMENT ACT, ETC.?
"3. IF THE REPLY TO NO. 1 OR NO. 2 IS IN THE AFFIRMATIVE COULD THE CONTRIBUTIONS MADE UNDER THIS PLAN BE EXCLUDED IN DETERMINING BASE PAY FOR PURPOSES OF OVERTIME, HOLIDAY PAY, SUNDAY RATES, PREMIUM PAY, LUMP SUM ANNUAL LEAVE PAYMENTS, ETC.?"
WE HAVE RECOGNIZED THE BROAD PROVISIONS OF 44 U.S.C. 305 FOR OTHER PURPOSES. SEE 36 COMP. GEN. 163 (1956). HOWEVER, WE NOTE THAT THE CONGRESS IN PRESCRIBING THE COVERAGE OF CIVIL SERVICE RETIREMENT IN 5 U.S.C. 8331 INCLUDED EMPLOYEES OF GPO WHOSE COMPENSATION IS FIXED UNDER 44 U.S.C. 305. BY REASON THEREOF, OUR VIEW IS THAT 44 U.S.C. 305 WOULD NOT EXTEND TO PROVIDING A SIMILAR BENEFIT UNDER THE I.T.U. NEGOTIATED PENSION PLAN. SUCH A BENEFIT WOULD BE INCONSISTENT WITH THE RETIREMENT COVERAGE PROVIDED BY CONGRESS UNDER THE CIVIL SERVICE RETIREMENT PROGRAM.
ACCORDINGLY, YOUR QUESTIONS NUMBERED 1 AND 2 ARE ANSWERED IN THE NEGATIVE. AN ANSWER TO QUESTION 3 IS NOT REQUIRED.