B-93524, APRIL 18, 1950, 29 COMP. GEN. 408

B-93524: Apr 18, 1950

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" AN EMPLOYEE WHO IS ASSIGNED AS A POSTAL EXPERT TO THE TURKISH GOVERNMENT UNDER THE ACT OF JANUARY 27. WHOSE SALARY AND PER DIEM ARE PAID BY THAT GOVERNMENT MAY BE TRANSFERRED TO AN UNCLASSIFIED POSITION DURING THE ASSIGNMENT AT A SALARY IN EXCESS OF THAT FIXED BY THE 1949 ACT. 1950: REFERENCE IS MADE TO YOUR LETTER OF MARCH 3. THAT THE UNITED STATES CIVIL SERVICE COMMISSION HAS INFORMED YOU THAT SUCH A POSITION IS EXCLUDED FROM THE CLASSIFICATION ACT OF 1949 UNDER SECTION 202 (23) THEREOF. (B) IF THE ANSWER IS IN THE AFFIRMATIVE. IN EXCESS OF THE STANDARD TRAVEL REGULATIONS PROVIDED THE PER DIEM WAS PAID BY A FOREIGN GOVERNMENT IN FOREIGN CURRENCY AND SUCH AN AMOUNT WAS AGREED TO BY THE FOREIGN OVERNMENT?

B-93524, APRIL 18, 1950, 29 COMP. GEN. 408

COMPENSATION; PER DIEM - POST OFFICE DEPARTMENT EMPLOYEE ASSIGNED TO DUTY WITH A FOREIGN GOVERNMENT IN VIEW OF SECTION 202 (23) OF THE CLASSIFICATION ACT OF 1949 EXCLUDING THEREFROM "EMPLOYEES NONE OR ONLY PART OF WHOSE COMPENSATION PAID FROM APPROPRIATED FUNDS OF THE UNITED STATES," AN EMPLOYEE WHO IS ASSIGNED AS A POSTAL EXPERT TO THE TURKISH GOVERNMENT UNDER THE ACT OF JANUARY 27, 1948, AND WHOSE SALARY AND PER DIEM ARE PAID BY THAT GOVERNMENT MAY BE TRANSFERRED TO AN UNCLASSIFIED POSITION DURING THE ASSIGNMENT AT A SALARY IN EXCESS OF THAT FIXED BY THE 1949 ACT; HOWEVER, A PER DIEM IN EXCESS OF THAT PRESCRIBED FOR GOVERNMENT EMPLOYEES, GENERALLY, WHILE ON DUTY IN TURKEY MAY NOT BE AUTHORIZED.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, APRIL 18, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 3, 1950, YOUR REFERENCE 1, STATING THAT THE DEPARTMENT PREVIOUSLY HAD HAD THREE EMPLOYEES ASSIGNED AS POSTAL EXPERTS TO THE TURKISH GOVERNMENT UNDER SECTION 301, PUBLIC LAW 402, APPROVED JANUARY 27, 1948, 62 STAT. 7; THAT THE SAID EMPLOYEES NOW OCCUPY POSITIONS ALLOCATED IN GRADES GS-14 AND 15; THAT THE TURKISH GOVERNMENT NOW HAS REQUESTED THAT ONE OF THESE EXPERTS BE RETURNED TO COMPLETE SEVERAL UNFINISHED PROJECTS AND HAS OFFERED TO PAY HIM A SALARY OF $12,500 A YEAR, PLUS A PER DIEM OF $15 A DAY; AND THAT THE UNITED STATES CIVIL SERVICE COMMISSION HAS INFORMED YOU THAT SUCH A POSITION IS EXCLUDED FROM THE CLASSIFICATION ACT OF 1949 UNDER SECTION 202 (23) THEREOF, 63 STAT. 956. IN VIEW OF THOSE FACTS, YOU REQUEST DECISION UPON THE FOLLOWING THREE QUESTIONS:

(A) WOULD THIS DEPARTMENT BE AUTHORIZED TO CARRY THIS EXPERT ON THE ROLLS OF THE DEPARTMENT AT A SALARY OF $12,500 PER ANNUM (FULL AMOUNT TO BE PAID FROM FUND ADVANCED FROM FOREIGN OVERNMENTS/?

(B) IF THE ANSWER IS IN THE AFFIRMATIVE, WOULD RETIREMENT DEDUCTIONS BE MADE FROM THE TOTAL SALARY PAID?

(C) WOULD THIS DEPARTMENT BE AUTHORIZED TO PREPARE AN ORDER AUTHORIZING PER DIEM, WHILE IN A FOREIGN COUNTRY, IN EXCESS OF THE STANDARD TRAVEL REGULATIONS PROVIDED THE PER DIEM WAS PAID BY A FOREIGN GOVERNMENT IN FOREIGN CURRENCY AND SUCH AN AMOUNT WAS AGREED TO BY THE FOREIGN OVERNMENT?

YOUR QUESTIONS WILL BE ANSWERED UPON THE ASSUMPTION THAT THIS MATTER HAS BEEN, OR WILL BE, REFERRED TO THE SECRETARY OF STATE AND RECEIVE HIS APPROVAL, IN ACCORDANCE WITH TITLE 3 OF THE ACT OF JANUARY 27, 1948, 62 STAT. 7-8.

SECTION 202 (23) OF THE CLASSIFICATION ACT OF 1949, PUBLIC LAW 429, EXCLUDES FROM THE PROVISIONS OF THAT ACT "EMPLOYEES NONE OR ONLY PART OF WHOSE COMPENSATION IS PAID FROM APPROPRIATED FUNDS OF THE UNITED STATES.' ACCORDINGLY, IT WOULD BE PROPER TO TRANSFER THE EMPLOYEE IN QUESTION FOR THE DURATION OF THE ASSIGNMENT FROM HIS CLASSIFIED POSITION IN GS-15 TO AN UNCLASSIFIED POSITION PROPERLY DESIGNATED AND AT THE SALARY RATE AGREED TO BE PAID BY THE TURKISH GOVERNMENT. IT WOULD NOT APPEAR TO BE PROPER TO PAY THE EMPLOYEE INVOLVED AT A SALARY RATE IN EXCESS OF THAT FIXED BY THE CLASSIFICATION ACT OF 1949 FOR GRADE GS-15, WHILE HE IS CARRIED ON THE ROLLS UNDER THAT CLASSIFICATION, IRRESPECTIVE OF THE FUNDS TO BE USED. QUESTION (A) IS ANSWERED ACCORDINGLY.

THE ANSWER TO QUESTION (B) PRIMARILY IS A MATTER FOR DETERMINATION BY THE RETIREMENT DIVISION, UNITED STATES CIVIL SERVICE COMMISSION, BUT PENDING A DECISION BY THAT OFFICE APPROPRIATE DEDUCTIONS FOR CREDIT TO THE RETIREMENT FUND SHOULD BE MADE OR THE EMPLOYEE SHOULD BE REQUIRED TO DEPOSIT SUCH AMOUNTS. 27 COMP. DEC. 59; 24 COMP. GEN. 384.

IN ANSWER TO QUESTION (C) IT WOULD NOT BE PROPER FOR YOUR DEPARTMENT TO AUTHORIZE A PER DIEM IN LIEU OF SUBSISTENCE IN EXCESS OF THE RATE PRESCRIBED FOR GOVERNMENT EMPLOYEES, GENERALLY, WHILE ON DUTY IN TURKEY. SEE SECTION 302 OF THE ACT OF JANUARY 27, 1948, SUPRA, 62 STAT. 8.