B-50870, APR. 16, 1968

B-50870: Apr 16, 1968

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THE PROPOSAL OF THE COMPTROLLER OF THE ARMY IS DESCRIBED IN YOUR LETTER AS FOLLOWS: "THE RATES SHOWN IN THE U.S. CIVIL SERVICE COMMISSION SALARY TABLE ARE USED TO COMPUTE THE PAY OF THE EMPLOYEES COVERED BY THE TABLE. THE FORMULA IN THIS TABLE FOR COMPUTATION OF SUNDAY PREMIUM PAY IS REGULAR HOURLY RATE TIMES 25 PERCENT WITH RESULT ADJUSTED TO THE NEAREST CENT. THIS SUM IS THEN MULTIPLIED BY HOURS WORKED. A DIFFERENT FORMULA THAT IS BEING CONSIDERED FOR USE IN THE AUTOMATED SYSTEM IS HOURS WORKED TIMES REGULAR HOURLY RATE TIMES 25 PERCENT. THIS FORMULA WILL RESULT IN SOME CASES OF A DIFFERENCE FROM ONE TO FOUR CENTS. IT IS FELT THE LATER FORMULA IS PROPER SINCE THE STATUTE. BASIC PAY IS INTERPRETED TO MEAN THE GROSS BASIC SALARY EARNED FOR THE SUNDAY HOURS WORKED AND NOT NECESSARILY THE BASIC HOURLY RATE.

B-50870, APR. 16, 1968

TO MR. MACY:

WE REFER AGAIN TO YOUR LETTER OF MARCH 1, 1968, CONCERNING THE PROPRIETY OF A PROPOSAL SUBMITTED BY THE COMPTROLLER OF THE ARMY FOR COMPUTING AMOUNTS PAYABLE AS SUNDAY PREMIUM PAY ON THE DAILY RATE OF COMPENSATION OF AN EMPLOYEE RATHER THAN ADJUSTING TO THE NEAREST CENT ON THE HOURLY RATE OF COMPENSATION. YOU REQUEST OUR DECISION ON THE QUESTION WHETHER EITHER OR BOTH METHODS WOULD SATISFY THE REQUIREMENTS OF THE CONTROLLING STATUTE 5 U.S.C. 5546.

THE PROPOSAL OF THE COMPTROLLER OF THE ARMY IS DESCRIBED IN YOUR LETTER AS FOLLOWS: "THE RATES SHOWN IN THE U.S. CIVIL SERVICE COMMISSION SALARY TABLE ARE USED TO COMPUTE THE PAY OF THE EMPLOYEES COVERED BY THE TABLE, I.E., HOURLY RATE TIMES HOURS WORKED. THE FORMULA IN THIS TABLE FOR COMPUTATION OF SUNDAY PREMIUM PAY IS REGULAR HOURLY RATE TIMES 25 PERCENT WITH RESULT ADJUSTED TO THE NEAREST CENT. THIS SUM IS THEN MULTIPLIED BY HOURS WORKED. A DIFFERENT FORMULA THAT IS BEING CONSIDERED FOR USE IN THE AUTOMATED SYSTEM IS HOURS WORKED TIMES REGULAR HOURLY RATE TIMES 25 PERCENT, WITH THE RESULT ADJUSTED TO THE NEAREST CENT. THIS FORMULA WILL RESULT IN SOME CASES OF A DIFFERENCE FROM ONE TO FOUR CENTS, MORE OR LESS, FROM THE SALARY TABLE FORMULA. IT IS FELT THE LATER FORMULA IS PROPER SINCE THE STATUTE, 5 U.S.C.A. 5546, PRESCRIBES THE FORMULA FOR SUNDAY PREMIUM PAY AS -AT THE RATE OF HIS BASIC PAY, PLUS PREMIUM PAY AT THE RATE EQUAL TO 25 PERCENT OF HIS RATE OF BASIC PAY.- IN THIS RESPECT, BASIC PAY IS INTERPRETED TO MEAN THE GROSS BASIC SALARY EARNED FOR THE SUNDAY HOURS WORKED AND NOT NECESSARILY THE BASIC HOURLY RATE. THIS FORMULA WILL ALSO SIMPLIFY THE AUTOMATED SYSTEM BY NOT REQUIRING STORAGE OF THE HOURLY RATES OF SUNDAY PREMIUM PAY, BUT ONLY THE 25 PERCENT FACTOR.'

NEITHER 5 U.S.C. 5546 NOR ANY OTHER STATUTORY PROVISION THAT HAS COME TO OUR ATTENTION SPECIFICALLY ADDRESSES ITSELF TO THE MANNER OF COMPUTING THE SUNDAY PREMIUM PAY AUTHORIZED UNDER SUCH SECTION. IN VIEW THEREOF AND SINCE THE DIFFERENCE BETWEEN THE AMOUNT ARRIVED AT UNDER THE TWO METHODS OF COMPUTATION WOULD BE RELATIVELY INSIGNIFICANT WE SEE NO LEGAL OBJECTION TO THE USE OF WHICHEVER METHOD IS DETERMINED TO BE IN THE BEST INTEREST OF THE UNITED STATES.