B-90858, B-86745, JANUARY 18, 1950, 29 COMP. GEN. 302

B-86745,B-90858: Jan 18, 1950

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IN THE COMPENSATION OF AN EMPLOYEE WHO IS ABSENT ON JURY SERVICE IN A STATE COURT FOR A FRACTIONAL PART OF HIS REGULAR WORKDAY. AGAINST THE COMPENSATION OF AN EMPLOYEE OF THE UNITED STATES WHO IS ABSENT FROM HIS REGULARLY PRESCRIBED DUTIES FOR A FRACTIONAL DAY ONLY FOR THE PURPOSE OF PERFORMING JURY SERVICE IN A STATE COURT. THAT IS TO SAY. ONLY THE EXCESS OF THE JURY FEE OVER THE AMOUNT OF SUCH COMPENSATION IS FOR RETENTION BY THE EMPLOYEE. AS ILLUSTRATIVE OF THE FOREGOING THERE MAY BE CONSIDERED THE CASE OF AN EMPLOYEE WHO IS COMPENSATED AT THE BASIC SALARY RATE FOR GRADE GS 1. WHO IS CALLED FOR JURY SERVICE IN A STATE COURT. IF SUCH AN EMPLOYEE ON ANY PARTICULAR DAY WERE TO BE ABSENT FROM HIS REGULAR JOB FOR THREE HOURS ON ACCOUNT OF THE PERFORMANCE OF JURY SERVICE IN A STATE COURT WHERE THE DAILY JURY FEE IS $5.

B-90858, B-86745, JANUARY 18, 1950, 29 COMP. GEN. 302

STATE JURY SERVICE - FRACTIONAL DAYS - CREDITING OF PAYMENT FOR JURY SERVICE TO COMPENSATION IN CASES NOT FINALLY ADJUSTED HERETOFORE, IN DETERMINING THE ADJUSTMENT WHICH SHOULD BE MADE UNDER SECTION 3 OF THE ACT OF JUNE 29, 1940, IN THE COMPENSATION OF AN EMPLOYEE WHO IS ABSENT ON JURY SERVICE IN A STATE COURT FOR A FRACTIONAL PART OF HIS REGULAR WORKDAY, THE AMOUNT TO BE COLLECTED FROM THE EMPLOYEE ON ACCOUNT OF JURY FEES RECEIVED MAY NOT EXCEED THE AMOUNT OF SALARY OTHERWISE PAYABLE TO THE EMPLOYEE FOR THE HOURS OF ABSENCE, AND ANY EXCESS MAY BE RETAINED BY THE EMPLOYEE. 28 COMP. GEN. 729, MODIFIED.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, JANUARY 18, 1950:

THERE HAS BEEN RECONSIDERED THE RULE STATED IN DECISION OF JUNE 28, 1949, B-86745, 28 COMP. GEN. 729, TO YOU, RELATIVE TO THE AMOUNT OF THE JURY FEE PROPERLY FOR CREDITING PURSUANT TO THE PROVISIONS OF SECTION 3 OF THE ACT OF JUNE 29, 1940, 54 STAT. 689, AGAINST THE COMPENSATION OF AN EMPLOYEE OF THE UNITED STATES WHO IS ABSENT FROM HIS REGULARLY PRESCRIBED DUTIES FOR A FRACTIONAL DAY ONLY FOR THE PURPOSE OF PERFORMING JURY SERVICE IN A STATE COURT.

SECTION 3 OF THE SAID ACT OF JUNE 29, 1940, PROVIDES:

THERE SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 1 FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE IN THE COURT OF ANY STATE ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM SUCH STATE ON ACCOUNT OF SUCH JURY SERVICE.

THE LANGUAGE OF THE QUOTED SECTION REQUIRES THAT ANY AMOUNT RECEIVED BY AN EMPLOYEE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA ON ACCOUNT OF JURY SERVICE IN A STATE COURT SHALL BE CREDITED AGAINST THE AMOUNT PAYABLE BY THE UNITED STATES TO THE EMPLOYEE FOR SUCH PERIOD AS THE EMPLOYEE MAY BE ABSENT FOR JURY SERVICE IN A STATE COURT. CONSEQUENTLY, IN APPLYING THAT SECTION, THE AMOUNT COLLECTED OR DEDUCTED ON ACCOUNT OF JURY FEES RECEIVED BY THE EMPLOYEE MAY NOT EXCEED THE AMOUNT OF SALARY OR COMPENSATION OTHERWISE PAYABLE TO THE EMPLOYEE FOR THE PERIOD OF HIS ABSENCE ON ACCOUNT OF JURY SERVICE. CF. 20 COMP. GEN. 209; 21 ID. 191. THAT IS TO SAY, THE JURY FEES RECEIVED BY AN EMPLOYEE SHALL BE APPLIED AGAINST THE AMOUNT THAT OTHERWISE WOULD BE PAYABLE TO HIM FOR THE PERIOD OF ABSENCE ON JURY DUTY, AND ONLY THE EXCESS OF THE JURY FEE OVER THE AMOUNT OF SUCH COMPENSATION IS FOR RETENTION BY THE EMPLOYEE.

AS ILLUSTRATIVE OF THE FOREGOING THERE MAY BE CONSIDERED THE CASE OF AN EMPLOYEE WHO IS COMPENSATED AT THE BASIC SALARY RATE FOR GRADE GS 1, $2,200 PER ANNUM, OR $1.06 PER HOUR, AND WHO IS CALLED FOR JURY SERVICE IN A STATE COURT. IF SUCH AN EMPLOYEE ON ANY PARTICULAR DAY WERE TO BE ABSENT FROM HIS REGULAR JOB FOR THREE HOURS ON ACCOUNT OF THE PERFORMANCE OF JURY SERVICE IN A STATE COURT WHERE THE DAILY JURY FEE IS $5, THE AMOUNT WHICH OTHERWISE WOULD BE PAYABLE BY THE UNITED STATES TO THE EMPLOYEE AS COMPENSATION FOR THE PERIOD OF ABSENCE ON SUCH JURY SERVICE WOULD BE $3.18. APPLYING THE $5 JURY FEE AGAINST THAT AMOUNT LEAVES A BALANCE OF $1.82 FOR RETENTION BY THE EMPLOYEE.

THE RULE STATED IN THE SAID DECISION OF JUNE 28, 1949, IS MODIFIED ACCORDINGLY FOR APPLICATION IN CASES NOT FINALLY ADJUSTED HERETOFORE.