B-34876, JUNE 10, 1943, 22 COMP. GEN. 1091

B-34876, JUNE 10, 1943, 22 COMP. GEN. 1091

ADDITIONAL COMPENSATION UNDER THE WAR OVERTIME PAY ACT OF 1943 - INTERMITTENT OR IRREGULAR EMPLOYEES IN DETERMINING THE ADDITIONAL COMPENSATION AT THE RATE OF $300 PER ANNUM TO WHICH INTERMITTENT OR IRREGULAR EMPLOYEES WHO ARE PAID ON AN HOURLY BASIS AND WHOSE EARNED BASIC COMPENSATION (BASED ON 313 DAYS ON WHICH THEY WORK AND RECEIVE COMPENSATION DURING THE YEAR, AND 8 HOURS PER DAY) IS AT RATE OF LESS THAN $2,000 PER ANNUM ARE ENTITLED UNDER SECTION 3 (A) OF THE WAR OVERTIME PAY ACT OF 1943, THE DAILY RATE OF ADDITIONAL COMPENSATION SHOULD BE COMPUTED BY DIVIDING THE $300 PER ANNUM RATE BY 313 DAYS, AND THE HOURLY RATE BY DIVIDING THE RESULTING DAILY RATE BY 8 HOURS.

ACTING COMPTROLLER GENERAL YATES TO J. L. WILKINSON, DEPARTMENT OF AGRICULTURE, JUNE 10, 1943:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1943, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH SUPPLEMENTAL VOUCHER IN THE TOTAL AMOUNT OF $29.33 GROSS, $27.83 NET, AFTER DEDUCTION OF VICTORY TAX, IN FAVOR OF DOROTHY E. WHITTON AND SEVEN OTHER PERSONS, REPRESENTING ADDITIONAL COMPENSATION PURSUANT TO SUBSECTION (A) OF SECTION 3 OF THE WAR OVERTIME PAY ACT OF 1943 ( PUBLIC LAW 49, MAY 7, 1943).

THE AMOUNT DUE THESE PERSONS FOR CLERICAL ASSISTANCE, TOGETHER WITH AN ALLOWANCE OF 15 PERCENT ADDITIONAL COMPENSATION WAS PAID ON D.O. VOUCHER 10-310562, PAID BY G. F. ALLEN, CHIEF DISBURSING OFFICER, ON MAY 27, 1943, SYMBOL ACCOUNT 92-550. A COPY OF THIS VOUCHER IS ENCLOSED.

THE EMPLOYEES COVERED BY THE ENCLOSED SUPPLEMENTAL PAY ROLL ARE A PART OF THE GROUP OF EMPLOYEES COVERED BY LETTER SUBMITTED BY RALPH B. MILLER, AUTHORIZED CERTIFYING OFFICER, DATED FEBRUARY 6, 1943, YOUR FILE B 32385.

IN ARRIVING AT THE AMOUNT OF ADDITIONAL COMPENSATION DUE THESE EMPLOYEES, THE FORMULA OUTLINED IN YOUR DECISION OF FEBRUARY 19, 1943 (B 32385), WAS USED WITH THE FOLLOWING RESULT:

50 CENTS PER HOUR TIMES 8 HR. PER DAY TIMES 313 DAYS PER YR. EQUALS

$1,252 BASE ANNUM RATE

$300 DIVIDED BY BASE ANNUM RATE $1,252 EQUALS 23.96166 ADDITIONAL

COMPENSATION PERCENTAGE

WHILE IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THESE EMPLOYEES ARE ENTITLED TO ADDITIONAL COMPENSATION OVER AND ABOVE THE 15 PERCENT HERETOFORE PAID, PURSUANT TO SUBSECTION (A) OF SECTION 3 OF THE WAR OVERTIME PAY ACT OF 1943, I FEEL THAT THERE IS SUFFICIENT DOUBT AS TO MY AUTHORITY TO CERTIFY THIS VOUCHER FOR PAYMENT TO REQUIRE ME TO SUBMIT IT TO YOU, PURSUANT TO SECTION 3 OF THE ACT OF DECEMBER 29, 1941, PUBLIC LAW 389, AND REQUEST ADVICE AS TO WHETHER THE VOUCHER MAY PROPERLY BE CERTIFIED BY ME FOR PAYMENT.

SECTION 3 (A) OF THE WAR OVERTIME PAY ACT OF 1943, APPROVED MAY 7, 1943, PUBLIC LAW 49, 57 STAT. 76, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

EXCEPT AS PROVIDED IN SUBSECTION (C), OFFICERS AND EMPLOYEES TO WHOM THIS ACT APPLIES AND WHOSE HOURS OF DUTY ARE INTERMITTENT OR IRREGULAR * * * SHALL BE PAID, IN LIEU OF THE OVERTIME COMPENSATION AUTHORIZED UNDER SECTION 2 OF THIS ACT, ADDITIONAL COMPENSATION AT THE RATE OF (1) $300 PER ANNUM IF THEIR EARNED BASIC COMPENSATION IS AT A RATE OF LESS THAN $2,000 PER ANNUM, OR (2) 15 PERCENTUM OF SO MUCH OF THEIR EARNED BASIC COMPENSATION AS IS NOT IN EXCESS OF A RATE OF $2,900 PER ANNUM IF THEIR EARNED BASIC COMPENSATION IS AT A RATE OF $2,000 PER ANNUM OR MORE.

FROM THE INFORMATION CONTAINED IN YOUR LETTER AND IN LETTER, DATED FEBRUARY 6, 1943, FROM RALPH B. MILLER, AUTHORIZED CERTIFYING OFFICER, ON THE BASIS OF WHICH THE REFERRED-TO DECISION OF FEBRUARY 19, 1943, B 32385, WAS RENDERED, THE EMPLOYEES WHOSE NAMES APPEAR ON THE INVOLVED PAY ROLL VOUCHER ARE UNDERSTOOD TO BE INTERMITTENT OR IRREGULAR EMPLOYEES. HENCE, AS THEIR PER ANNUM EQUIVALENT AT THE RATE OF 50 CENTS PER HOUR BASED ON 313 DAYS PER ANNUM AND 8 HOURS PER DAY, REPRESENTING THE DAYS ON WHICH THEY WORK AND RECEIVE COMPENSATION, IS LESS THAN $2,000 PER ANNUM, THEY ARE ENTITLED TO ADDITIONAL COMPENSATION AT THE RATE OF $300 PER ANNUM, UNDER THE PROVISIONS OF THE QUOTED STATUTE, FOR THE DAYS AND HOURS ON WHICH THEY WORK AND RECEIVE COMPENSATION. PAYMENT OF THE ADDITIONAL COMPENSATION ON A DAILY BASIS IS COMPUTED BY DIVIDING $300 PER ANNUM BY 313 DAYS DURING THE YEAR ON WHICH THE EMPLOYEES RECEIVE COMPENSATION, OR $0.9584. DECISION OF MAY 19, 1943, B-34458, TO THE LIBRARIAN OF CONGRESS. THE HOURLY RATE OF ADDITIONAL COMPENSATION IN SUCH CASES REPRESENTS ONE-EIGHTH OF THE DAILY RATE, OR $0.1198. ON THE BASIS OF 50 CENTS PER HOUR EARNED BASIC COMPENSATION, THE RATE HERE INVOLVED, THE INCREASE REPRESENTS 23.96166 PERCENT, AS STATED IN YOUR LETTER. AS THE INVOLVED PAY ROLL PROPOSES PAYMENT OF THE DIFFERENCE BETWEEN THE ADDITIONAL COMPENSATION AT THE RATE OF 15 PERCENT, PREVIOUSLY PAID, AND THE ADDITIONAL COMPENSATION AT THE RATE OF 23.96166 PERCENT, TO WHICH THE EMPLOYEES ARE ENTITLED, YOU ARE AUTHORIZED TO CERTIFY THE VOUCHER FOR PAYMENT. THE VOUCHER IS RETURNED HEREWITH.