B-53783, DECEMBER 20, 1945, 25 COMP. GEN. 452

B-53783: Dec 20, 1945

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BY A CONSULTANT EMPLOYED ON A PER DIEM "WHEN ACTUALLY MPLOYED" BASIS AND HAVING A REGULAR 8-HOUR TOUR OF DUTY WAS IN EXCESS OF $10. RATE SAVED TO HIM UNDER SECTION 603 (B) (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 IS THE MAXIMUM PAYABLE FOR ANY ONE DAY'S SERVICE OF 8 HOURS OR MORE IRRESPECTIVE OF WHETHER IT FALLS ON AN OVERTIME DAY OR CAUSES THE WORKWEEK TO EXCEED 40 HOURS. THE PROPER PROPORTION THEREOF IS THE MAXIMUM PAYABLE FOR A DAY'S SERVICE OF LESS THAN 8 HOURS. 25 COMP. WHO ARE NOT FULL-TIME EMPLOYEES WITHIN THE MEANING OF SECTION 604 (A) AND (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. PART TIME EMPLOYEES PAID UPON THE BASIS OF THE NUMBER OF HOURS WORKED ARE ENTITLED TO PAY FOR ANY HOLIDAY OCCURRING WITHIN THE REGULARLY SCHEDULED WORKDAYS FOR THE INDIVIDUAL EMPLOYEE.

B-53783, DECEMBER 20, 1945, 25 COMP. GEN. 452

FEDERAL EMPLOYEES PAY ACT OF 1945 WHERE THE AGGREGATE COMPENSATION (BASIC COMPENSATION PLUS ADDITIONAL COMPENSATION IN LIEU OF OVERTIME) RECEIVED ON JUNE 30, 1945, BY A CONSULTANT EMPLOYED ON A PER DIEM "WHEN ACTUALLY MPLOYED" BASIS AND HAVING A REGULAR 8-HOUR TOUR OF DUTY WAS IN EXCESS OF $10,000 PER ANNUM, RATE SAVED TO HIM UNDER SECTION 603 (B) (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 IS THE MAXIMUM PAYABLE FOR ANY ONE DAY'S SERVICE OF 8 HOURS OR MORE IRRESPECTIVE OF WHETHER IT FALLS ON AN OVERTIME DAY OR CAUSES THE WORKWEEK TO EXCEED 40 HOURS, AND THE PROPER PROPORTION THEREOF IS THE MAXIMUM PAYABLE FOR A DAY'S SERVICE OF LESS THAN 8 HOURS. 25 COMP. GEN. 121, DISTINGUISHED. STATE, RURAL REHABILITATION, AND FARM OWNERSHIP COMMITTEEMEN OF THE FARM SECURITY ADMINISTRATION, DEPARTMENT OF AGRICULTURE, WHO ARE NOT FULL-TIME EMPLOYEES WITHIN THE MEANING OF SECTION 604 (A) AND (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, RELATING TO THE ESTABLISHMENT FOR FULL-TIME OFFICERS AND EMPLOYEES OF A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS WITH A PAY PERIOD FOR EVERY TWO SUCH WORKWEEKS, MAY CONTINUE TO BE PAID ON A MONTHLY PAY ROLL. SINCE THE METHOD PRESCRIBED BY SECTION 604 (D) OF THE FEDERAL EMPLOYEES PAY ACT FOR 1945 FOR CONVERTING AN ANNUAL SALARY RATE TO AN HOURLY RATE INCLUDES, IN EFFECT, AN ALLOWANCE FOR ANY HOLIDAY OCCURRING WITHIN A WORKWEEK, PART TIME EMPLOYEES PAID UPON THE BASIS OF THE NUMBER OF HOURS WORKED ARE ENTITLED TO PAY FOR ANY HOLIDAY OCCURRING WITHIN THE REGULARLY SCHEDULED WORKDAYS FOR THE INDIVIDUAL EMPLOYEE; HOWEVER, PART TIME EMPLOYEES WHO WORK A PRESCRIBED NUMBER OF HOURS PER WEEK, BUT NOT IN ACCORDANCE WITH A REGULAR TOUR OF DUTY, MAY NOT BE PAID FOR ANY HOLIDAYS ON WHICH THEY PERFORMED NO WORK. A PER DIEM "WHEN ACTUALLY EMPLOYED" EMPLOYEE WHO TRAVELED ON A SUNDAY PRECEDING A HOLIDAY ( LABOR DAY, 1945) AND WAS IN A TRAVEL STATUS THE REMAINDER OF THE 44-HOUR ADMINISTRATIVE WORKWEEK IS ENTITLED, UNDER THE PER DIEM, ETC., EMPLOYEE HOLIDAY PAY STATUTE OF JUNE 29, 1938, TO HIS REGULAR BASE PAY FOR 8 HOURS FOR THAT HOLIDAY ON WHICH HE PERFORMED NO WORK, PROVIDED HE HAD SERVED AT LEAST ONE YEAR PRIOR THERETO, BUT, IF HE HAD NOT BEEN EMPLOYED FOR ONE YEAR, HE IS NOT ENTITLED TO THE HOLIDAY PAY IRRESPECTIVE OF WHETHER HE WAS AT A TEMPORARY DUTY STATION OR IN ACTUAL TRAVEL. A PER DIEM "WHEN ACTUALLY EMPLOYED" EMPLOYEE WHO WAS IN A TRAVEL STATUS DURING THE 44-HOUR ADMINISTRATIVE WORKWEEK, HAVING TRAVELED ON A SUNDAY PRECEDING A HOLIDAY ( LABOR DAY, 1945), BUT WHO FAILED TO RECEIVE PAY UNDER THE PER DIEM, ETC., EMPLOYEE HOLIDAY PAY STATUTE OF JUNE 29, 1938, FOR THE HOLIDAY ON WHICH HE PERFORMED NO WORK BECAUSE HE HAD NOT BEEN EMPLOYED FOR A YEAR PRIOR TO THE HOLIDAY IS ENTITLED TO STRAIGHT TIME FOR SUCH SUNDAY WHILE IN A TRAVEL STATUS, SO AS TO ENTITLE HIM TO THE SAME AGGREGATE COMPENSATION FOR THAT WEEK AS IF HE HAD BEEN EMPLOYED THE PRECEDING YEAR. THE EXTRA HOLIDAY PAY RECEIVED BY AN EMPLOYEE AT THE RATE OF ONE AND ONE- HALF TIMES HIS REGULAR BASIC RATE OF COMPENSATION PURSUANT TO SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR WORK ON A HOLIDAY IS NOT SUBJECT TO A DEDUCTION FOR RETIREMENT PURPOSES REQUIRED BY THE ACT OF MAY 29, 1930, AS AMENDED, WHICH SPECIFICALLY EXCLUDES ALL COMPENSATION GIVEN IN ADDITION TO BASE PAY FROM THE "BASIC SALARY, PAY, OR COMPENSATION" SUBJECT TO THE DEDUCTION. THE ADDITIONAL COMPENSATION WHICH AN EMPLOYEE RECEIVING $1800 PER ANNUM OR LESS ON JUNE 30, 1945, WOULD HAVE RECEIVED UNDER THE AGGREGATE COMPENSATION GUARANTEE PROVISIONS OF SECTION 603 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 HAD HE NOT BEEN SEPARATED FROM THE SERVICE PRIOR TO THE ESTABLISHMENT OF A 40-HOUR ADMINISTRATIVE WORKWEEK MAY NOT BE INCLUDED IN THE COMPUTATION OF THE LUMP-SUM LEAVE PAYMENT WHICH IS REQUIRED TO BE MADE ON THE BASIS OF THE RATE OF BASIC COMPENSATION IN EFFECT ON THE LAST DAY OF DUTY, UNDER THE ACT OF DECEMBER 21, 1944, EVEN THOUGH SUCH WORKWEEK WAS ESTABLISHED DURING THE LEAVE PERIOD OVER WHICH THE LUMP SUM WAS COMPUTED. THE PROVISION IN SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, PERMITTING AN EMPLOYEE WHOSE AGGREGATE COMPENSATION (INCLUDING OVERTIME) WAS IN EXCESS OF $10,000 PER ANNUM ON JUNE 30, 1945, TO CONTINUE TO RECEIVE OVERTIME COMPENSATION NOT TO EXCEED SAID AGGREGATE UNTIL HIS OVERTIME HOURS ARE REDUCED, DOES NOT PROHIBIT, UPON THE ADMINISTRATIVE REDUCTION OF OVERTIME HOURS, THE PAYMENT TO SUCH EMPLOYEES OF OVERTIME COMPENSATION FOR ACTUAL OVERTIME WORK IF OFFICIALLY ORDERED OR APPROVED. NOT EXCEEDING THE RATE OF COMPENSATION PAYABLE ON JUNE 30, 1945, OR THE AMOUNT OF $24.17 FOR ANY TWO-WEEK PAY PERIOD.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, DECEMBER 20, 1945:

I HAVE YOUR LETTER OF NOVEMBER 6, 1945, AS FOLLOWS:

1. THE DEPARTMENT EMPLOYS AN EXPERT CONSULTANT IN AN UNCLASSIFIED POSITION AT THE FLAT DAILY RATE OF $50.00 PER DIEM. THE AUTHORITY FOR SUCH APPOINTMENT IS CONTAINED IN THE RURAL ELECTRIFICATION ACT OF 1936 (7 U.S.C. 911). THIS EXPERT IS IRREGULARLY EMPLOYED WHEN HIS SERVICES ARE REQUIRED AND PAID ON A "WHEN ACTUALLY EMPLOYED" BASIS. IN CONNECTION WITH THE FEDERAL EMPLOYEES PAY ACT OF 1945, SEVERAL QUESTIONS HAVE ARISEN REGARDING EMPLOYEES OF THIS TYPE.

SINCE THIS EMPLOYEE IS HIRED AT A RATE PER DAY IN A POSITION NOT SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND THIS RATE OF COMPENSATION WAS ESTABLISHED PURSUANT TO ADMINISTRATIVE AUTHORITY AND NOT BY WAGE BOARDS, IT IS ASSUMED THAT IN VIEW OF YOUR DECEMBER B 36792 DATED SEPTEMBER 15, 1943 (23 COMP. GEN. 195) AND DECEMBER B-51099 DATED JULY 28, 1945, (25 COMP. GEN. 121) IN WHICH YOU STATED "THE COMPENSATION OF ALL PERSONNEL SUBJECT TO SAID SECTIONS (604 (A) AND (D), OF THE STATUTE WHO WORK LESS THAN FULL TIME SHOULD BE COMPUTED AND PAID UPON AN HOURLY BASIS RATHER THAN UPON A DAILY BASIS," THIS CONSULTANT WILL BE PAID FOR THE ACTUAL NUMBER OF HOURS WORKED DURING A DAY EVEN THOUGH MORE OR LESS THAN 8 HOURS PER DAY.

IT IS CLEAR THAT AN EMPLOYEE OF THIS TYPE IS SUBJECT TO THE PROVISIONS OF THE PAY ACT OF 1945 WITH RESPECT TO OVERTIME COMPENSATION IN ACCORDANCE WITH YOUR DECISION B-50979 DATED JULY 23, 1945, (25 COMP.GEN. 86) BUT THAT HIS BASIC COMPENSATION MAY BE INCREASED ONLY BY ADMINISTRATIVE ACTION. HOWEVER, THIS EMPLOYEE WHO IS PAID AT THE RATE OF $50.00 PER DAY HAD AN ANNUAL EQUIVALENT RATE IN EXCESS OF $10,000 ON JUNE 30, 1945. ($50.00 X 313 EQUALS $15,650.) HE IS IN THE POSITION HE HELD ON JUNE 30, 1945, AND ON SUCH DATE WAS RECEIVING ADDITIONAL COMPENSATION IN LIEU OF OVERTIME COMPENSATION OF 15 PERCENT OF SO MUCH OF HIS BASIC COMPENSATION AS DID NOT EXCEED $2900. THEREFORE, IT WOULD APPEAR THAT AN EMPLOYEE PAID AT SUCH RATE WOULD COME UNDER THE PROVISIONS OF SECTION 603 (B) (2) OF THE STATUTE WHICH STATES,"ANY OFFICER OR EMPLOYEE WHO, BECAUSE OF THE RECEIPT OF ADDITIONAL COMPENSATION IN LIEU OF OVERTIME COMPENSATION, WAS RECEIVING AGGREGATE COMPENSATION AT A RATE IN EXCESS OF $10,000 PER ANNUM ON JUNE 30, 1945, MAY CONTINUE TO RECEIVE SUCH RATE OF AGGREGATE COMPENSATION SO LONG AS HE CONTINUES TO OCCUPY THE OFFICE OR POSITION HE OCCUPIED ON SUCH DATE BUT IN NO CASE BEYOND JUNE 30, 1947.' IF THIS EMPLOYEE WHO HAS A REGULARLY ESTABLISHED DAILY TOUR OF EIGHT HOURS PER DAY AND IS PAID AT A RATE OF $50 PER DIEM, DOES COME UNDER THIS PROVISIONS, WHAT AMOUNT OF PAY WILL HE RECEIVE UNDER THE FOLLOWING CONDITIONS?: CONDITIONS?:

A. EMPLOYEE WORKS 8 HOURS FOR ONE DAY DURING ADMINISTRATIVE WORKWEEK?

B. EMPLOYEE WORKS 10 HOURS FOR ONE DAY DURING ADMINISTRATIVE WORKWEEK?

C. EMPLOYEE WORKS 40 HOURS DURING ADMINISTRATIVE WORKWEEK?

D. EMPLOYEE WORKS THE 40-HOUR BASIC WORKWEEK AND 4 HOURS OVERTIME?

E. EMPLOYEE WORKS THE 40-HOUR BASIC WORKWEEK AND 8 HOURS OVERTIME?

2. THE FARM SECURITY ADMINISTRATION IN THE ADMINISTRATION OF ITS LOAN PROGRAMS EMPLOYS THREE TYPES OF COMMITTEEMEN: (1) STATE COMMITTEEMEN,(2) RURAL REHABILITATION COMMITTEEMEN, AND (3) FARM OWNERSHIP COMMITTEEMEN, NONE OF WHOM ARE IN POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1923. THE COMPENSATION OF THE FIRST TWO GROUPS IS FIXED ADMINISTRATIVELY AT A DAILY RATE AND APPARENTLY IS SUBJECT ONLY TO THE OVERTIME PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. THE COMPENSATION OF THE THIRD GROUP, HOWEVER, IS FIXED BY LAW, AND, THEREFORE, BY REASON OF THE PROVISIONS OF SECTION 602 (A) IS SUBJECT TO THE PROVISIONS OF THAT ACT INSOFAR AS INCREASES IN THE COMPENSATION RATE ARE CONCERNED.

THE QUESTION WHICH ARISES IS CONFINED TO THE PAY ROLL PERIOD FOR WHICH PAY ROLLS SHOULD BE PREPARED FOR THESE EMPLOYEES. IN THE PAST IT HAS BEEN THE PRACTICE TO PAY ALL COMMITTEEMEN MONTHLY. THE FARM OWNERSHIP COMMITTEEMEN ARE LIMITED BY LAW TO FIVE DAYS' EMPLOYMENT PER MONTH; CONSEQUENTLY, THERE IS AN AUDIT ADVANTAGE IN MAINTAINING RECORDS FOR THESE COMMITTEEMEN BY MONTHS WHICH LIKEWISE AFFORDS BETTER OPPORTUNITY FOR AUDIT OF THE PAY ROLLS TO ASSURE COMPLIANCE WITH THIS LIMITATION. SECTION 604 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 REQUIRES THE HEADS OF THE SEVERAL DEPARTMENTS TO ESTABLISH FOR ALL FULL TIME OFFICERS AND EMPLOYEES BOTH IN THE DEPARTMENTAL AND THE FIELD SERVICES A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS. SECTION 604 (B) REQUIRES THAT BEGINNING NOT LATER THAN OCTOBER 1, 1945, EACH PAY PERIOD FOR ALL OFFICERS AND EMPLOYEES (WITH STATED EXCEPTIONS) REFERRED TO IN SUBSECTION (A) SHALL COVER TWO ADMINISTRATIVE WORKWEEKS. NONE OF THESE EMPLOYEES REFERRED TO HEREIN ARE FULL TIME. THE FARM OWNERSHIP COMMITTEEMEN CANNOT BE FULL TIME, BECAUSE, AS STATED, THEY ARE LIMITED BY STATUTE TO FIVE DAYS PER MONTH; THE STATE COMMITTEEMEN HAVE BEEN ADMINISTRATIVELY LIMITED TO LESS THAN FULL TIME FOR EACH WORKWEEK AND THE RURAL REHABILITATION COUNTY COMMITTEEMEN HAVE NEVER RENDERED FULL TIME SERVICE AND ARE NOW BEING LIMITED BY ADMINISTRATIVE REGULATION TO NOT MORE THAN 20 WORKING DAYS PER MONTH OR NOT MORE THAN FIVE WORKING DAYS EIGHT HOURS EACH PER WEEK. THE FARM SECURITY ADMINISTRATION PREFERS TO CONTINUE TO PAY ROLL ALL TYPES OF IT COMMITTEEMEN ON A MONTHLY BASIS. IT WOULD BE DIFFICULT TO PAY ROLL ONE TYPE ON ONE BASIS AND ANOTHER TYPE ON ANOTHER BASIS BECAUSE THE SAME EMPLOYEES ARE FREQUENTLY REQUIRED TO SERVE ON BOTH TYPES OF COUNTY COMMITTEES, RENDERING SERVICES ON DIFFERENT DAYS BUT ALWAYS LESS IN THE AGGREGATE THAN FULL TIME EACH WORKWEEK. IT IS REALIZED THAT A BI-WEEKLY METHOD WOULD FACILITATE AUDITING FOR OVERTIME CALCULATIONS, BUT IT IS BELIEVED THAT THE LIMITATIONS IMPOSED ADEQUATELY SAFEGUARD AGAINST ANY OVERTIME BEING WORKED, THEREFORE, IS IT PERMISSIBLE TO CONTINUE TO PAY ROLL THE THREE TYPES OF COMMITTEEMEN MONTHLY?

3. WITH THE RETURN OF STATUTORY HOLIDAYS AS NON-WORK DAYS IN THE FEDERAL GOVERNMENT, A NUMBER OF QUESTIONS HAVE ARISEN WITH RESPECT TO PAYMENT OF CERTAIN CLASSES OF EMPLOYEES WHEN PREVENTED FROM WORKING BY REASON OF THE HOLIDAY AND WHEN ACTUALLY WORKING OR IN TRAVEL STATUS ON A HOLIDAY. THE QUESTIONS ARE AS FOLLOWS:

A. PART TIME EMPLOYEES.

THE DEPARTMENT EMPLOYS CONSIDERABLE PERSONNEL ON A PART TIME BASIS. FOR SOME OF THESE EMPLOYEES A REGULAR TOUR OF DUTY IS ESTABLISHED WITH DEFINITE HOURS TO BE WORKED ON SPECIFIED DAYS DURING EACH WEEK. THESE VARY FROM EMPLOYEES WHO WORK A FEW HOURS EACH DAY OF THE BASIC WORKWEEK TO THOSE WHO WORK 8 HOURS ONE SPECIFIC DAY OF THE WEEK. THEIR ANNUAL SALARY FORMERLY WAS COMPUTED AS A PROPORTIONATE PART OF A FULL TIME ANNUAL SALARY RATE AND IS NOW FIGURED AT A DAILY OR HOURLY RATE DERIVED FROM AN ANNUAL CLASSIFIED SALARY RATE PURSUANT TO THE FORMULA PRESCRIBED BY SECTION 604 (D) OF THE NEW PAY STATUTE.

PREVIOUSLY, PART TIME EMPLOYEES RECEIVED PAY FOR HOLIDAYS (23 C.G. 584) AND IT APPEARS REASONABLE THAT THEY SHOULD CONTINUE TO DO SO WHEN HOLIDAYS FALL ON DAYS THEY WOULD OTHERWISE BE REQUIRED TO WORK BUT ARE PREVENTED FROM DOING SO BY REASON OF THE HOLIDAY. IN YOUR DECISION B 51571 DATED AUGUST 22, 1945, IT IS STATED THAT "THEREFORE, IN THE ABSENCE OF A STATUTE PROVIDING OTHERWISE, ALL PART TIME WORK OF EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT SHOULD BE PAID FOR UPON THE BASIS OF THE NUMBER OF HOURS ACTUALLY EMPLOYED. * * * " THE QUESTION IS WHETHER "THE NUMBER OF HOURS ACTUALLY EMPLOYED" MEANS HOURS WORKED OR REFERS TO THE EMPLOYEE'S TOUR OF DUTY? IF IT MEANS THE LATTER, SHALL PART TIME EMPLOYEES WORKING A REGULAR TOUR OF DUTY BE PAID FOR HOLIDAYS WHEN PREVENTED FROM WORKING ON THEIR SCHEDULED DAYS BECAUSE OF SUCH HOLIDAYS? SHALL PART TIME EMPLOYEES WHO WORK A PRESCRIBED NUMBER OF HOURS PER WEEK BUT NOT IN ACCORDANCE WITH A REGULAR TOUR OF DUTY BE PAID FOR HOLIDAYS?

B. PER DIEM EMPLOYEES.

IN YOUR DECISION B-51099 (25 COMP. GEN. 121) DATED JULY 28, 1945, TO THIS DEPARTMENT IN ANSWER TO QUESTION 9, IT IS STATED THAT,"* * * A W.A.E. EMPLOYEE MAY BE PAID COMPENSATION AT A BASIC RATE FOR SUNDAY TRAVEL WHICH WOULD NOT CAUSE HIS AGGREGATE COMPENSATION FOR THE ADMINISTRATIVE WORKWEEK IN WHICH THE SUNDAY OCCURS TO EXCEED THE AMOUNT HE WOULD HAVE RECEIVED FOR THAT WEEK PURSUANT TO THE RULE STATED IN ANSWERING QUESTION 8 HAD HE BEEN A FULL TIME EMPLOYEE. IN OTHER WORDS, A W.A.E. EMPLOYEE, WORKING FULL TIME DURING ANY WEEK, IS ENTITLED TO THE SAME AGGREGATE COMPENSATION--- BASIC PLUS OVERTIME AS A FULL TIME EMPLOYEE WOULD RECEIVE.' IN CASES WHERE A HOLIDAY OCCURS DURING THE ADMINISTRATIVE WORKWEEK WHILE A W.A.E. EMPLOYEE IS IN TRAVEL STATUS DOES THE SAME RULE APPLY FOR THE HOLIDAY AS OUTLINED ABOVE FOR SUNDAY? DOES IT MAKE ANY DIFFERENCE WHETHER THE EMPLOYEE IS ACTUALLY TRAVELING ON THE SUNDAY OR HOLIDAY OR IS IN A TRAVEL STATUS WHILE STATIONED AT A TEMPORARY DUTY STATION ON THE SUNDAY OR HOLIDAY, AND PERFORMS OR DOES NOT PERFORM WORK ON EITHER DAY? IF SUCH EMPLOYEE IS TO BE PAID COMPENSATION FOR A HOLIDAY WHILE IN TRAVEL STATUS, WILL HE RECEIVE HOLIDAY PAY AT TIME AND ONE-HALF EVEN THOUGH NO WORK IS PERFORMED? FOR EXAMPLE:

A W.A.E. EMPLOYEE TRAVELS ON SUNDAY, IS IN TRAVEL STATUS AT TEMPORARY DUTY STATION MONDAY THROUGH FRIDAY AND TRAVELS ON SATURDAY BACK TO OFFICIAL HEADQUARTERS. MONDAY OF THAT WEEK IS LABOR DAY ON WHICH NO WORK IS PERFORMED. THE ADMINISTRATIVE WORKWEEK FOR FULL TIME EMPLOYEES IS 44 HOURS. SHALL THE EMPLOYEE RECEIVE PAY FOR 44 HOURS--- 32 HOURS AT REGULAR PAY, 4 HOURS AT OVERTIME PAY, AND 8 HOURS AT HOLIDAY PAY? IF IN THIS CASE THE EMPLOYEE IS NOT TO BE PAID FOR LABOR DAY EITHER AT REGULAR OR HOLIDAY PAY, WOULD IT MAKE ANY DIFFERENCE IF THIS EMPLOYEE HAD TRAVELED ON LABOR DAY?

A W.A.E. EMPLOYEE TRAVELS ON WEDNESDAY, IS IN TRAVEL STATUS AT TEMPORARY DUTY STATION THURSDAY THROUGH WEDNESDAY, AND RETURNS TO OFFICIAL HEADQUARTERS ON THURSDAY. MONDAY OF THAT WEEK IS LABOR DAY. WORK IS PERFORMED ON SATURDAY AND MONDAY, THE HOLIDAY, BUT NO WORK IS PERFORMED ON SUNDAY. THE ADMINISTRATIVE WORKWEEK FOR FULL TIME EMPLOYEES IS 40 HOURS. IT IS CLEAR THE EMPLOYEE SHOULD RECEIVE REGULAR PAY FOR 32 HOURS FOR THE FIRST WEEK. SHALL HE RECEIVE REGULAR PAY FOR 32 HOURS AND HOLIDAY PAY FOR 8 HOURS OR REGULAR PAY FOR 24 HOURS AND HOLIDAY PAY FOR 8 HOURS FOR THE SECOND WEEK?

C. WHERE EMPLOYEES WORK ON A HOLIDAY AND ARE PAID TIME AND ONE-HALF, SHOULD ALL THIS PAY BE CONSIDERED BASE PAY AND BE SUBJECT TO RETIREMENT, OR SHOULD ONLY THAT PORTION OF THE PAY WHICH REPRESENTS STRAIGHT TIME BE CONSIDERED BASE PAY AND BE SUBJECT TO RETIREMENT OR SHOULD NONE OF IT BE CONSIDERED BASE PAY?

FOR EXAMPLE:

AN EMPLOYEE CAF-9 AT $3640 WORKS 10 HOURS ON LABOR DAY FOR WHICH HE WOULD BE PAID $26.25 ($1.75 X 1 1/2 X 10). SHOULD RETIREMENT BE DEDUCTED FROM $26.25 OR $14.00 THE REGULAR PAY FOR 8 HOURS, OR FROM NEITHER?

4. THE 40-HOUR ADMINISTRATIVE WORKWEEK WAS ESTABLISHED FOR THE DEPARTMENT OF AGRICULTURE EFFECTIVE SEPTEMBER 9, 1945. IN ACCORDANCE WITH SECTION 603 (A) OF THE PAY ACT OF 1945 CERTAIN EMPLOYEES WHO RECEIVED LESS THAN $1800 PER ANNUM ON JUNE 30, 1945, WILL BE ELIGIBLE TO BE PAID ADDITIONAL COMPENSATION UPON THE ESTABLISHMENT OF THE 40 HOUR ADMINISTRATIVE WORKWEEK. WITH RESPECT TO THE APPLICATION OF THIS ADDITIONAL COMPENSATION IN CASES WHERE THE SERVICES OF EMPLOYEES ARE TERMINATED, THE QUESTION ARISES AS TO THE AMOUNT OF LUMP-SUM PAYABLE TO SUCH EMPLOYEES.

IF AN EMPLOYEE IS TERMINATED AUGUST 30, 1945, AND HIS ACCUMULATED LEAVE WOULD EXTEND BEYOND SEPTEMBER 9, 1945, SHALL THE AMOUNT OF ADDITIONAL COMPENSATION HE WOULD HAVE RECEIVED HAD HE REMAINED IN SERVICE BE COMPUTED IN HIS LUMP-SUM PAYMENT?

IF AN EMPLOYEE IS TERMINATED SEPTEMBER 12, 1945, SHALL THE AMOUNT OF ADDITIONAL COMPENSATION BE COMPUTED IN HIS LUMP-SUM PAYMENT?

5. SECTION 603 (B) OF THE PAY ACT OF 1945 STATES THAT, "NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, NO OFFICER OR EMPLOYEE SHALL, BY REASON OF THE ENACTMENT OF THIS ACT, BE PAID, WITH RESPECT TO ANY PAY PERIOD, BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION, PROVIDED IN THIS ACT, AT A RATE IN EXCESS OF $10,000 PER ANNUM, EXCEPT THAT (1) ANY OFFICER OR EMPLOYEE WHO WAS RECEIVING OVERTIME COMPENSATION ON JUNE 30, 1945, AND WHOSE AGGREGATE RATE OF COMPENSATION ON SUCH DATE WAS IN EXCESS OF $10,000 PER ANNUM MAY RECEIVE OVERTIME COMPENSATION AT SUCH RATE AS WILL NOT CAUSE HIS AGGREGATE RATE OF COMPENSATION FOR ANY PAY PERIOD TO EXCEED THE AGGREGATE RATE OF COMPENSATION HE WAS RECEIVING ON JUNE 30, 1945, UNTIL HE CEASES TO OCCUPY THE OFFICE OR POSITION HE OCCUPIED ON SUCH DATE OR UNTIL THE OVERTIME HOURS OF WORK IN HIS ADMINISTRATIVE WORKWEEK ARE REDUCED BY ACTION OF THE HEAD OF HIS DEPARTMENT * * * AND WHEN SUCH OVERTIME HOURS ARE REDUCED SUCH RATE OF OVERTIME COMPENSATION SHALL BE REDUCED PROPORTIONATELY, * * * .' (ITALICS SUPPLIED.) IS THE ITALICIZED PORTION OF THIS SECTION CORRECTLY INTERPRETED TO MEAN THAT UPON THE ESTABLISHMENT OF A 40-HOUR ADMINISTRATIVE WORKWEEK, EMPLOYEES WHO RECEIVE $10,000 BASIC COMPENSATION EVEN THOUGH THEIR AGGREGATE RATE OF COMPENSATION PRIOR TO JUNE 30, 1945, WAS IN EXCESS OF OF $10,000, MAY NOT BE PAID FOR OFFICIALLY ORDERED OVERTIME IN EXCESS OF THE 40-HOUR ADMINISTRATIVE WORKWEEK? IF THIS INTERPRETATION IS NOT CORRECT, IS THE AMOUNT OF EXCESS OVERTIME FOR WHICH THEY MAY BE PAID IN ANY PAY PERIOD LIMITED TO $24.17 ( 1/26 X $628.33/?

THIS QUESTION IS RAISED SINCE THE GENERAL ACCOUNTING OFFICE SALARY TABLE NO. 22 FOR A 40-HOUR WEEK SHOWS AN HOURLY OVERTIME RATE FOR THE $10,000 ANNUAL SALARY RATE.

THE QUESTIONS PRESENTED WILL BE ANSWERED IN THE ORDER IN WHICH STATED:

1. WITH RESPECT TO THE ADDITIONAL COMPENSATION PAYABLE PRIOR TO JULY 1, 1945, TO THE EXPERT CONSULTANT APPOINTED AT $50 PER DAY, IT WAS HELD IN A SIMILAR CASE, 24 COMP. GEN. 495, AS FOLLOWS (QUOTING FROM THE SYLLABUS/---

THE ADDITIONAL COMPENSATION OF 15 PERCENT OF SO MUCH OF EARNED BASIC COMPENSATION AS IS NOT IN EXCESS OF A RATE OF $2,900 PER ANNUM, TO WHICH A CONSULTANT EMPLOYED ON A PER DIEM "WHEN ACTUALLY EMPLOYED" BASIS IS ENTITLED AS AN INTERMITTENT OR IRREGULAR EMPLOYEE UNDER SECTION 3 (A) OF THE WAR OVERTIME PAY ACT OF 1943, SHOULD BE PRORATED ON A DAILY BASIS, AND, THERE BEING NOTHING IN HIS CONTRACT OF EMPLOYMENT, OR OTHERWISE, LIMITING THE NUMBER OF DAYS PER WEEK OR YEAR HE MIGHT BE REQUIRED TO SERVE, SUCH DAILY ADDITIONAL COMPENSATION MAY NOT EXCEED 1/360 (NOT 1/313) OF $2,900.

FIFTEEN PERCENT OF $8.05 ( 1/360 OF $2,900) IS $1.20 WHICH, ADDED TO THE $50 PER DIEM RATE, WOULD RESULT IN THE DAILY COMPENSATION OF $51.20 WHICH RATE WAS THE ONE PROPERLY PAYABLE TO THIS EXPERT CONSULTANT FOR EACH DAY OF SERVICE PRIOR TO JULY 1, 1945. SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT, APPROVED JUNE 30, 1945, 59 STAT. 303, PROVIDES:

(B) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, NO OFFICER OR EMPLOYEE SHALL, BY REASON OF THE ENACTMENT OF THIS ACT, BE PAID, WITH RESPECT TO ANY PAY PERIOD, BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED BY THIS ACT, AT A RATE IN EXCESS OF $10,000 PER ANNUM, EXCEPT THAT (1) ANY OFFICER OR EMPLOYEE WHO WAS RECEIVING OVERTIME COMPENSATION ON JUNE 30, 1945, AND WHOSE AGGREGATE RATE OF COMPENSATION ON SUCH DATE WAS IN EXCESS OF $10,000 PER ANNUM MAY RECEIVE OVERTIME COMPENSATION AT SUCH RATE AS WILL NOT CAUSE HIS AGGREGATE RATE OF COMPENSATION FOR ANY PAY PERIOD TO EXCEED THE AGGREGATE RATE OF COMPENSATION HE WAS RECEIVING ON JUNE 30, 1945, UNTIL HE CEASES TO OCCUPY THE OFFICE OR POSITION HE OCCUPIED ON SUCH DATE OR UNTIL THE OVERTIME HOURS OF WORK IN HIS ADMINISTRATIVE WORKWEEK ARE REDUCED BY ACTION OF THE HEAD OF HIS DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR AGENCY, OR GOVERNMENT-OWNED OR CONTROLLED CORPORATION, AND WHEN SUCH OVERTIME HOURS ARE REDUCED SUCH RATE OF OVERTIME COMPENSATION SHALL BE REDUCED PROPORTIONATELY, AND (2) ANY OFFICER OR EMPLOYEE WHO, BECAUSE OF THE RECEIPT OF ADDITIONAL COMPENSATION IN LIEU OF OVERTIME COMPENSATION, WAS RECEIVING AGGREGATE COMPENSATION AT A RATE IN EXCESS OF $10,000 PER ANNUM ON JUNE 30, 1945, MAY CONTINUE TO RECEIVE SUCH RATE OF AGGREGATE COMPENSATION SO LONG AS HE CONTINUES TO OCCUPY THE OFFICE OR POSITION HE OCCUPIED ON SUCH DATE BUT IN NO CASE BEYOND JUNE 30, 1947.

THE RATE OF $51.20 PER DAY SAVED TO THIS EMPLOYEE UNDER SECTION 603 (B) (2) EXCEEDS THE RATE OF $10,000 PER ANNUM AND INCLUDES A PERCENTAGE IN LIEU OF OVERTIME. ACCORDINGLY, NO MORE THAN THAT AMOUNT MAY BE PAID THIS EMPLOYEE FOR ANY ONE DAY'S SERVICE OF 8 HOURS OR MORE; AND AS THIS RATE WAS OBTAINED BY DIVIDING THE MAXIMUM OVERTIME PERCENTAGE BY 360, THE SAME RATE IS PAYABLE FOR EACH FULL DAY'S SERVICE IRRESPECTIVE OF WHETHER IT FALLS ON AN OVERTIME DAY OR CAUSES THE AGGREGATE NUMBER OF HOURS IN ANY WORKWEEK TO EXCEED 40. AS THIS EMPLOYEE REGULARLY WORKS AN 8-HOUR DAY, THE PAYMENT FOR EACH DAY IN WHICH LESS THAN 8 HOURS ARE WORKED SHOULD BE THE PROPORTIONATE PART OF &51.20 REPRESENTED BY THE NUMBER OF HOURS SO WORKED. ACCORDINGLY, PAYMENT IN EXAMPLES A AND B WOULD BE THE SAME, BUT NO MORE DEFINITE ANSWER THAN THAT ABOVE INDICATED CAN BE GIVEN WITH RESPECT TO EXAMPLES C, D, AND E IN THE ABSENCE OF A STATEMENT OF THE NUMBER OF HOURS WORKED ON EACH DAY INVOLVED.

THE RULE IN B-51099, 25 COMP. GEN. 121, REFERRED TO IN THE SECOND PARAGRAPH OF YOUR LETTER, WAS STATED WITH RESPECT TO EMPLOYEES WHO WERE NOT SUBJECT TO THE LIMITATION IN SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT AND IS NOT FOR APPLICATION HERE.

2. AS THE THREE TYPES OF COMMITTEEMEN DESCRIBED ARE NOT FULL-TIME EMPLOYEES WITHIN THE MEANING OF SECTION 604 (A) AND (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 303, IT FOLLOWS THAT THE DIRECTION IN THAT SECTION FOR THE ESTABLISHMENT OF PAY PERIODS OF TWO WEEKS EACH IS NOT REQUIRED TO BE APPLIED SUCH COMMITTEEMEN. ACCORDINGLY, THERE WOULD BE NO LEGAL OBJECTION TO CONTINUING TO PAY THESE EMPLOYEES ON A MONTHLY PAY ROLL.

3. (A) IN 23 COMP. GEN. 584, IT WAS HELD (QUOTING FROM THE SYLLABUS):

INASMUCH AS THE PER ANNUM PART TIME COMPENSATION OF AN EMPLOYEE REGULARLY EMPLOYED PART TIME IS COMPUTED BY MULTIPLYING THE PER ANNUM SALARY RATE PROPERLY FIXED FOR SIMILAR FULL TIME SERVICE BASED ON 360 DAYS PER ANNUM BY THE FRACTION OF TIME ACTUALLY WORKED BY THE PART TIME EMPLOYEE--- WHICH COMPUTATION RESULTS IN THE PAYMENT OF COMPENSATION FOR EVERY DAY OF THE YEAR, INCLUDING SUNDAYS AND HOLIDAYS--- PART TIME EMPLOYEES PAID ON A PER ANNUM BASIS ARE ENTITLED TO COMPENSATION FOR CHRISTMAS DAY, 1943, A LEGAL HOLIDAY ON WHICH THEY WERE PREVENTED FROM WORKING BECAUSE THE OFFICE WAS CLOSED ON THAT DAY.

IN DECISION OF AUGUST 22, 1945, B-51571, 25 COMP. GEN. 212, REFERRED TO IN YOUR SUBMISSION, THE SIXTH QUESTION SUBMITTED FOR DECISION WAS WHETHER THE FORMER METHOD OF COMPUTING DAILY COMPENSATION OF PART-TIME EMPLOYEES WITH REGARD TO THE PROPORTIONATE PART OF THE PER ANNUM RATE SHOULD BE CONTINUED UNDER THE FEDERAL EMPLOYEES PAY ACT. IN ANSWER TO THAT QUESTION IT WAS STATED:

* * * HOWEVER, FOR MANY YEARS THIS OFFICE HAS RECOGNIZED IN DECISIONS THAT PART-TIME SALARY RATES OF EMPLOYEES OCCUPYING POSITIONS SUBJECT TO THE CLASSIFICATION ACT MAY BE FIXED UPON A PER ANNUM BASIS WITH A PROPORTIONATE CREDIT FOR SUNDAYS AND HOLIDAYS ON WHICH NO WORK IS PERFORMED BY FULL-TIME EMPLOYEES. ALSO, THERE HAS BEEN STATED IN THE DECISIONS THE FORMULA FOR COMPUTING THE PER ANNUM PART-TIME SALARY RATE AND, ALSO, FOR INCREASING SUCH RATES UNDER THE PROVISIONS OF THE OVERTIME LAWS IN EFFECT PRIOR TO JULY 1, 1945. SEE, PARTICULARLY, 22 COMP. GEN. 1043. THE UNDERLYING REASON FOR THOSE DECISIONS WAS THAT COMPENSATION PRIOR TO JULY 1, 1945, WAS PAID FOR EVERY DAY OF THE YEAR INCLUDING SUNDAYS AND HOLIDAYS AND OTHER NONWORK DAYS FOR FULL-TIME EMPLOYEES AND, UPON THAT BASIS, IT WAS CONCLUDED THAT A PART-TIME EMPLOYEE SHOULD RECEIVE A PROPORTIONATE BENEFIT FOR COMPENSATION WHICH A FULL-TIME PER ANNUM EMPLOYEE WOULD HAVE RECEIVED ON SUNDAYS, HOLIDAYS, AND OTHER NONWORK DAYS ON WHICH NO WORK WAS PERFORMED. HOWEVER, SECTIONS 201 AND 604 OF THE NEW PAY STATUTE, EFFECTIVE JULY 1, 1945, PROVIDING FOR DIVISION OF AN ANNUAL SALARY RATE INTO UNITS OF WEEKS AND HOURS OF EMPLOYMENT WITH NO CREDIT ALLOWED FOR ANY TIME NOT WORKED OR NOT OTHERWISE IN A LEAVE WITH PAY STATUS--- WHICH LATTER STATUS A PART-TIME EMPLOYEE CANNOT HAVE--- THERE NO LONGER EXISTS ANY REASONABLE BASIS FOR CONTINUING THE COMPUTATION AND PAYMENT OF PART TIME SALARY RATES UPON A PER ANNUM BASIS. THEREFORE, IN THE ABSENCE OF A STATUTE PROVIDING OTHERWISE (COMPARE DECISION OF AUGUST 14, 1945, B-51244), ALL PART-TIME WORK OF EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT SHOULD BE PAID FOR UPON THE BASIS OF THE NUMBER OF HOURS ACTUALLY EMPLOYED, THE ANNUAL RATE FIXED BY THE CLASSIFICATION ACT FOR FULL TIME EMPLOYEES TO BE DIVIDED PURSUANT TO THE FORMULA PRESCRIBED BY SECTION 604 (D) OF THE NEW PAY STATUTE TO DETERMINE THE RATE PER HOUR.

SECTION 604 (D) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 304, PROVIDES AS FOLLOWS:

(D) (1) HEREAFTER, FOR ALL PAY COMPUTATION PURPOSES AFFECTING OFFICERS OR EMPLOYEES IN OR UNDER THE EXECUTIVE BRANCH, THE JUDICIAL BRANCH, OR THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, BASIC PER ANNUM RATES OF COMPENSATION ESTABLISHED BY OR PURSUANT TO LAW SHALL BE REGARDED AS PAYMENT FOR EMPLOYMENT DURING FIFTY-TWO BASIC ADMINISTRATIVE WORKWEEKS OF FORTY HOURS.

(2) WHENEVER FOR ANY SUCH PURPOSE, IT IS NECESSARY TO CONVERT A BASIC MONTHLY OR ANNUAL RATE TO A BASIC WEEKLY, DAILY, OR HOURLY RATE, THE FOLLOWING RULES SHALL GOVERN:

(A) A MONTHLY RATE SHALL BE MULTIPLIED BY TWELVE TO DERIVE AN ANNUAL RATE;

(B) AN ANNUAL RATE SHALL BE DIVIDED BY FIFTY-TWO TO DERIVE A WEEKLY RATE;

(C) A WEEKLY RATE SHALL BE DIVIDED BY FORTY TO DERIVE AN HOURLY RATE; AND

(D) A DAILY RATE SHALL BE DERIVED BY MULTIPLYING AN HOURLY RATE BY THE NUMBER OF DAILY HOURS OF SERVICE REQUIRED.

IT WILL BE NOTED THAT THE FINAL RESULT OF THE METHOD OF COMPUTATION SET FORTH IN SAID SECTION 604 (D) IS THAT THE ANNUAL RATE IS DIVIDED BY THE NUMBER OF HOURS IN EACH WORKWEEK, WHICH WOULD INCLUDE ALLOWANCE FOR ANY HOLIDAYS OCCURRING WITHIN THAT WORKWEEK. ACCORDINGLY, EMPLOYEES PAID FOR PART-TIME WORK UPON THE BASIS OF THE NUMBER OF HOURS WORKED ARE ENTITLED TO PAY FOR ANY HOLIDAY OCCURRING WITHIN THE REGULARLY SCHEDULED WORKDAYS FOR THE INDIVIDUAL EMPLOYEE. PART-TIME WORKERS WHO WORK A PRESCRIBED NUMBER OF HOURS PER WEEK, BUT NOT IN ACCORDANCE WITH A REGULAR TOUR OF DUTY, PROPERLY MAY NOT BE PAID FOR ANY HOLIDAYS AS IT CANNOT BE STATED THAT THEY WERE PREVENTED FROM WORKING ON A PARTICULAR DAY BECAUSE IT WAS A HOLIDAY. SEE PUBLIC RESOLUTION NO. 127, OF JUNE 29, 1938, BELOW.

(B) AS STATED IN DECISION B-51099 (25 COMP. GEN. 121), REFERRED TO BY YOU (QUESTION AND ANSWER 9), W.A.E. EMPLOYEES WORKING FULL TIME ARE ENTITLED TO COMPENSATION WHILE IN A TRAVEL STATUS ON THE SAME BASIS AS A REGULAR FULL-TIME EMPLOYEE. HOWEVER, THERE WAS NOT INVOLVED IN THAT DECISION ANY QUESTION OF PAY FOR HOLIDAYS. PUBLIC RESOLUTION NO. 127, APPROVED JUNE 29, 1938, 52 STAT. 1246, PROVIDES:

THAT HEREAFTER WHENEVER REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHOSE COMPENSATION IS FIXED AT A RATE PER DAY, PER HOUR, OR ON A PIECE- WORK BASIS ARE RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF A HOLIDAY SUCH AS NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY, OR ANY OTHER DAY DECLARED A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, OR ANY DAY ON WHICH THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT ARE CLOSED BY EXECUTIVE ORDER, THEY SHALL RECEIVE THE SAME PAY FOR SUCH DAYS AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED.

IT IS REASONABLY SETTLED THAT THE DETERMINATION OF WHETHER A PARTICULAR EMPLOYEE IS A "REGULAR" EMPLOYEE, WITHIN THE MEANING OF THE ABOVE STATUTE, IS NOT DEPENDENT UPON THE CLASSIFICATION OF HIS APPOINTMENT UNDER THE CIVIL SERVICE LAWS AND REGULATIONS BUT, RATHER, AS A GENERAL GUIDE, UPON THE EMPLOYEE'S CLASSIFICATION FOR LEAVE PURPOSES. 19 COMP. GEN. 426, 20 ID. 411. IN DECISION OF NOVEMBER 15, 1945, B-53211, 25 COMP. GEN. 407, IT WAS HELD:

APPLYING THE PRINCIPLES ENUNCIATED IN THE QUOTED DECISION (20 COMP. GEN. 411) IN CONJUNCTION WITH THE DEFINITIONS OF PERMANENT, TEMPORARY, AND INDEFINITE EMPLOYEES CONTAINED IN THE PRESENT LEAVE REGULATIONS, IT WILL BE SEEN THAT TEMPORARY EMPLOYEES, THAT IS, EMPLOYEES APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING ONE YEAR, ARE NOT TO BE CONSIDERED "REGULAR" EMPLOYEES WITHIN THE MEANING OF THAT TERM AS USED IN THE SAID HOLIDAY PAY STATUTE OF 1938; AND INDEFINITE EMPLOYEES, THAT IS TO SAY, PERSONS APPOINTED ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" OR "FOR THE DURATION OF THE JOB," ARE REQUIRED TO WORK ONE YEAR BEFORE THEY MAY BE CLASSIFIED AS "REGULAR" EMPLOYEES AND BE ENTITLED TO THE BENEFITS OF THE SAID ACT.

IN THE FIRST EXAMPLE STATED, INVOLVING A W.A.E. EMPLOYEE WHO PERFORMED NO WORK ON LABOR DAY ALTHOUGH IN A TRAVEL STATUS AT A TEMPORARY DUTY STATION, THE ANSWER IS LARGELY DEPENDENT UPON WHETHER SUCH EMPLOYEE WAS ENTITLED TO LEAVE, THAT IS, WHETHER HE HAD SERVED AT LEAST ONE YEAR PRIOR TO LABOR DAY. IF SO, HE WOULD BE ENTITLED TO RECEIVE HIS REGULAR BASE PAY FOR 8 HOURS FOR THAT HOLIDAY, OR A TOTAL OF 40 HOURS BASE PAY PLUS 4 HOURS OVERTIME FOR THAT WEEK. IF HE HAD NOT BEEN EMPLOYED FOR ONE YEAR PRIOR THERETO, NO COMPENSATION WOULD BE PAYABLE FOR THE HOLIDAY IF NO ACTUAL WORK WAS PERFORMED ON THAT DAY, IT BEING IMMATERIAL WHETHER HE SPENT THE TIME AT A TEMPORARY DUTY STATION OR IN ACTUAL TRAVEL. HOWEVER, AS THE FAILURE TO RECEIVE PAY FOR THE HOLIDAY WOULD REDUCE HIS WEEK'S COMPENSATION BELOW THAT NORMALLY EARNED, HE MAY BE PAID 8 HOURS STRAIGHT TIME FOR SUNDAY WHILE IN A TRAVEL STATUS THUS ENTITLING HIM TO THE SAME AGGREGATE COMPENSATION FOR THAT WEEK AS THOUGH HE HAD BEEN EMPLOYED THE PRECEDING YEAR. B-52095, OCTOBER 2, 1945, 25 COMP. GEN. 317.

IN THE SECOND EXAMPLE STATED, IN WHICH THE W.A.E. EMPLOYEE WORKED ON LABOR DAY AND WHOSE WORKWEEK WAS OTHERWISE ONLY 40 HOURS, THE EMPLOYEE, ASSUMING THAT HE PERFORMED NO WORK PRIOR TO WEDNESDAY OF THE FIRST WEEK, WAS ENTITLED TO PAY FOR WEDNESDAY THROUGH SATURDAY, OR 32 HOURS FOR THAT WEEK. FOR THE SECOND WEEK INVOLVING MONDAY ( LABOR DAY) THROUGH THURSDAY HE WOULD BE ENTITLED TO REGULAR PAY FOR TUESDAY THROUGH THURSDAY, 24 HOURS, PLUS 1 1/2 DAYS' PAY (12 HOURS) AS HOLIDAY PAY FOR ACTUAL WORK ON MONDAY, OR 36 HOURS, PLUS ANY ADDITIONAL HOURS HE MAY HAVE WORKED IN THAT WORKWEEK AFTER THURSDAY. (C) SECTION 10 OF THE ACT OF MAY 29, 1930, 46 STAT. 475, AS AMENDED BY SECTION 7 OF THE ACT OF JANUARY 24, 1942, 56 STAT. 16, REQUIRES THE DEDUCTION FOR RETIREMENT PURPOSES OF 5 PERCENT OF THE ,BASIC SALARY, PAY OR COMPENSATION.' SECTION 4 OF THE ACT OF MAY 29, 1930, 46 STAT. 471, AS AMENDED BY SECTION 2 OF THE ACT OF AUGUST 4, 1939, 53 STAT. 1202, PROVIDES IN PERTINENT PARTS, AS FOLLOWS:

(F) THE TERM "BASIC SALARY, PAY, OR COMPENSATION," WHEREVER USED IN THIS ACT, SHALL BE SO CONSTRUED AS TO EXCLUDE FROM THE OPERATION OF THE ACT ALL BONUSES, ALLOWANCES, OVERTIME PAY, OR SALARY, PAY, OR COMPENSATION GIVEN IN ADDITION TO THE BASE PAY OF THE POSITION AS FIXED BY LAW OR REGULATION.

ACCORDINGLY, IN THE LIGHT OF THAT STATUTORY DEFINITION, WHERE THE EMPLOYEE WORKED ON A HOLIDAY AND RECEIVED ONE-HALF DAY'S EXTRA COMPENSATION THEREFOR UNDER SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT, 59 STAT. 298, THE RETIREMENT DEDUCTIONS ARE TO BE COMPUTED UPON THE BASIC COMPENSATION ONLY FOR THAT DAY AND NOT UPON THE EXTRA HOLIDAY PAY. COMP. GEN. 375, 377. IN THE EXAMPLE GIVEN, THE DEDUCTION SHOULD BE BASED UPON $14, AND NOT UPON $26.25.

4. IN ANSWER TO YOUR FOURTH QUESTION, IT IS WELL ESTABLISHED THAT THE LUMP-SUM LEAVE PAYMENT UNDER THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, UPON SEPARATION OF AN EMPLOYEE IS TO BE MADE AT THE RATE OF BASIC COMPENSATION OF WHICH HE WAS IN RECEIPT ON THE LAST DAY OF DUTY WITHOUT REGARD TO ANY CHANGES WHICH MIGHT HAVE TAKEN PLACE IN SUCH COMPENSATION HAD HE REMAINED IN THE SERVICE DURING THE PERIOD COVERED BY THE LEAVE. COMP. GEN. 728, 768; B-53143, OCTOBER 30, 1945.

5. THE PROVISION IN SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT THAT A PERSON WHO WAS RECEIVING OVERTIME COMPENSATION ON JUNE 30, 1945, AND WHOSE AGGREGATE RATE OF COMPENSATION WAS IN EXCESS OF $10,000 MAY CONTINUE TO RECEIVE OVERTIME COMPENSATION AT SUCH RATE AS WILL NOT CAUSE HIS AGGREGATE COMPENSATION TO EXCEED THE COMPENSATION HE WAS RECEIVING JUNE 30, 1945 "UNTIL THE OVERTIME HOURS OF WORK IN HIS ADMINISTRATIVE WORKWEEK ARE REDUCED BY ACTION OF THE HEAD OF HIS DEPARTMENT," DOES NOT PROHIBIT THE PAYMENT TO SUCH EMPLOYEE OF OVERTIME COMPENSATION FOR ACTUAL OVERTIME WORK BY SUCH INDIVIDUAL IF OFFICIALLY ORDERED OR APPROVED, NOT EXCEEDING THE RATE OF COMPENSATION OF WHICH HE WAS IN RECEIPT ON JUNE 30, 1945, AS THE ESTABLISHMENT OF A 40-HOUR ADMINISTRATIVE WORKWEEK DOES NOT NECESSARILY REDUCE THE INDIVIDUAL'S WORKWEEK IF ADMINISTRATIVELY EXCEPTED FROM THE GENERAL 40-HOUR WORKWEEK SO ESTABLISHED, OR PREVENT THE INDIVIDUAL'S WORKWEEK BEING EXTENDED AS NECESSITY THEREFOR MAY ARISE. THE CORRECT OVERTIME COMPENSATION COULD NOT, HOWEVER, EXCEED $24.17 FOR ANY ONE TWO-WEEK PAY PERIOD. SEE THE 48-HOUR PAY SCHEDULE NO. 20.