Skip to main content

Waiver of Compensation

B-193587 Apr 02, 1979
Jump To:
Skip to Highlights

Highlights

The Executive Director of the United States Metric Board requested an opinion concerning the legality of members of the Board waiving their compensation or in some cases accepting their compensation and then returning it as a gift to the Board. It is contrary to public policy for an appointee to a position in the Federal Government to waive his ordinary right to compensation or to accept something less when the salary for his position is fixed or pursuant to legislative authority. Waiver of compensation, however, has been permitted in certain circumstances. Therefore, the issue is whether legislation provides authority to permit waiver of compensation by members appointed to the Board. The language of applicable regulations sets a maximum rate of compensation entitlement for Board members. Where the statutory authorization of the salary of an individual who is to render services to the United States merely sets a maximum limit for that salary, then the salary of that individual is not considered to be fixed pursuant to statute. Therefore, assuming other conditions are satisfied, such individuals may waive their salaries. Since the Board pursuant to statute may accept gifts and donations there is nothing to prevent members of the Board from making gifts of some or all of the salary to the Board.

Downloads

GAO Contacts

Office of Public Affairs