B-31805, JANUARY 25, 1943, 22 COMP. GEN. 702

B-31805, JANUARY 25, 1943, 22 COMP. GEN. 702

OVERTIME COMPENSATION UNDER THE ACT OF DECEMBER 22, 1942 - COOPERATIVE EMPLOYEES WHERE THE TOTAL SALARY RATE OF A COOPERATIVE FEDERAL EMPLOYEE, WHO WORKS UNDER SUPERVISION OF THE FEDERAL GOVERNMENT DURING THE ENTIRE PERIOD OF HIS SERVICE, IS FIXED BY THE FEDERAL GOVERNMENT AT A RATE PRESCRIBED BY THE CLASSIFICATION ACT, ALTHOUGH PART OF HIS SALARY IS PAID BY A STATE OR OTHER COOPERATING AGENCY, THE TOTAL SALARY RATE SO FIXED, RATHER THAN MERELY THE PORTION PAID BY THE FEDERAL GOVERNMENT, IS TO BE REGARDED AS "BASIC COMPENSATION" FOR THE PURPOSE OF APPLYING THE ,OVERTIME" FORMULA FOR INCREASING COMPENSATION AND THE SALARY LIMITATIONS OF $2,900 AND $5,000 PRESCRIBED BY THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942.

COMPTROLLER GENERAL WARREN TO C. A. WOLFE, DEPARTMENT OF AGRICULTURE, JANUARY 25, 1943:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1943, AS FOLLOWS:

AS AUTHORIZED CERTIFYING OFFICER OF THE BUREAU OF AGRICULTURAL CHEMISTRY AND ENGINEERING, U.S. DEPARTMENT OF AGRICULTURE, YOUR DECISION IS REQUESTED AS TO WHICH OF THE ACCOMPANYING PAY VOUCHERS IN FAVOR OF HENRY J. BARRE AND JOHN W. WEAVER MAY BE APPROVED FOR PAYMENT. THIS REQUEST IS MADE UNDER AUTHORITY OF DECISION DATED JUNE 24, 1942 (B-26685). DR. BARRE HAS A CIVIL SERVICE EXCEPTED APPOINTMENT WITH THIS BUREAU AS AGENT ( SENIOR AGRICULTURAL ENGINEER) P-5, F.C. ( FEDERALLY CONTROLLED), AT $3450 PER ANNUM, AND IN ADDITION IS PAID $1,150 BY THE IOWA STATE COLLEGE, MAKING A GROSS SALARY OF $4600 PER ANNUM. RETIREMENT DEDUCTION IS MADE ON GROSS SALARY.

IT WILL BE NOTED THAT IF OVERTIME PAY AUTHORIZED BY PUBLIC 821, 77TH CONGRESS, IS COMPUTED ON GROSS SALARY, THAT THE AMOUNT IS $33.34 AND THAT IF OVERTIME PAY IS COMPUTED ON THAT PORTION PAID BY THE BUREAU THAT THE AMOUNT IS $52.36, CEILING OF $5,000 PROVIDED IN THE ACT BEING FOR APPLICATION.

MR. WEAVER HAS A PERMANENT CIVIL SERVICE APPOINTMENT AS AGRICULTURAL ENGINEER AT $3300 PER ANNUM, P-3, $2500 OF WHICH IS PAID BY THE BUREAU AND $800 BY THE STATE OF VIRGINIA. IF OVERTIME PAY IS COMPUTED ON GROSS SALARY, THE AMOUNT IS $52.36, BUT IF OVERTIME PAY IS COMPUTED ON SALARY PAID BY THE BUREAU, THE AMOUNT IS $45.14.

THERE ARE OTHER EMPLOYEES WHOSE SALARIES ARE PAID IN PART BY THE COOPERATOR AND FOR FUTURE GUIDANCE IN SIMILAR CASES, YOUR DECISION IS REQUESTED AS TO WHETHER OVERTIME PAY SHOULD BE COMPUTED ON GROSS SALARY OR THAT PORTION PAID BY THE BUREAU.

IT IS UNDERSTOOD FROM YOUR LETTER AND THE ACCOMPANYING PAY ROLL VOUCHERS WHICH HAVE BEEN PRESENTED IN ALTERNATE FORM, THAT THE INVOLVED COOPERATIVE EMPLOYEES ARE FEDERAL EMPLOYEES WHO WORK UNDER THE SUPERVISION OF THE FEDERAL GOVERNMENT DURING THE ENTIRE PERIOD OF THEIR SERVICE, AND THAT PORTION OF THEIR TOTAL SALARY RATE IS CONTRIBUTED BY A STATE.

THE PROVISIONS OF JOINT RESOLUTION NO. 170, APPROVED DECEMBER 22, 1942, 56 STAT. 1068, PUBLIC LAW 821, ARE APPLICABLE "TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT" WITH CERTAIN EXPRESS EXCEPTIONS, NONE OF WHICH EXCEPTIONS INCLUDE COOPERATIVE FEDERAL EMPLOYEES OF THE CLASS HERE INVOLVED.

THE FORMULAS PROVIDED BY THE STATUTE FOR PAYING ADDITIONAL COMPENSATION OPERATE UPON THE "EARNED BASIC COMPENSATION.' LIKEWISE, RETIREMENT DEDUCTIONS ARE REQUIRED BY THE CIVIL SERVICE RETIREMENT ACT TO BE COMPUTED UPON BASIC COMPENSATION. ALSO, COMPENSATION DEDUCTIONS UNDER THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 401, AND AS AMENDED BY SUBSEQUENT LAWS, WERE REQUIRED TO BE MADE FROM THE BASIC COMPENSATION. IN APPLYING THE RETIREMENT ACT TO COOPERATIVE EMPLOYEES OF THE CLASS HERE UNDER CONSIDERATION, RETIREMENT DEDUCTIONS ARE REQUIRED TO BE MADE FROM THE TOTAL RATE OF COMPENSATION FIXED BY THE FEDERAL GOVERNMENT FOR THE FEDERAL POSITION, INCLUDING THE PORTION OF THE SALARY PAID BY A STATE OR OTHER COOPERATING AGENCY. 27 COMP. DEC. 59; 1 COMP. GEN. 371; 11 ID. 187. ALSO, ECONOMY ACT DEDUCTIONS WERE REQUIRED TO BE MADE FROM THE TOTAL SALARIES OR BASIC COMPENSATION OF SUCH COOPERATIVE EMPLOYEES. 12 COMP. GEN. 248, 258, 312. COMPARE 12 COMP. GEN. 220, 651.

ACCORDINGLY, FOR THE PURPOSE OF APPLYING THE FORMULAS FOR INCREASING COMPENSATION AND THE SALARY LIMITATIONS UNDER THE NEW LAW, THE TOTAL SALARY RATE OF $4,600 PER ANNUM, APPARENTLY FIXED UNDER THE CLASSIFICATION ACT, 42 STAT. 1488, PROPERLY IS TO BE REGARDED AS THE EARNED BASIC COMPENSATION OF DR. BARRE, AND $3,300, APPARENTLY FIXED UNDER THE CLASSIFICATION ACT FOR THE FEDERAL POSITION OCCUPIED BY MR. WEAVER PROPERLY IS TO BE REGARDED AS HIS BASIC COMPENSATION.

ASSUMING THAT, PURSUANT TO AN ADMINISTRATIVE ORDER ISSUED BY OR FOR THE SECRETARY OF AGRICULTURE, THE INVOLVED EMPLOYEES WORKED A TOTAL OF 48 HOURS PER WEEK DURING THE PERIOD COVERED BY THE PAY ROLLS THAT SET OF VOUCHERS PREPARED IN ACCORDANCE WITH THE ABOVE-STATED RULE MAY, IF OTHERWISE CORRECT, BE CERTIFIED FOR PAYMENT.