B-152476, SEP. 15, 1964
Highlights
WE HAVE BEEN INFORMED THAT MR. WE UNDERSTAND THOSE HOURS OF COMPENSATORY TIME WERE NOT RECREDITED TO MR. THOSE HOURS WERE NOT INCLUDED IN COMPUTING THE PAYMENT DUE HIS SURVIVOR IN ACCORDANCE WITH 5 U.S.C. 61F AND G (3). ARE AS FOLLOWS: "/5) IF AN EMPLOYEE IS ENTITLED UNDER THIS SECTION TO UNUSED COMPENSATORY TIME AT THE TIME OF HIS DEATH. OUR HOLDING IS THAT THE TIME FROM 9 A.M. OF THE ABOVE THREE COMPENSATORY DAYS SHOULD HAVE BEEN RECREDITED TO MR. SUCH TIME SHOULD HAVE BEEN GRANTED HIM SUBSEQUENTLY. AS THAT WAS NOT DONE. YOU ARE AUTHORIZED TO CERTIFY A SUPPLEMENTAL VOUCHER UNDER ESTABLISHED PROCEDURE IN ACCORDANCE WITH 5 U.S.C. 61H (A) FOR PAYMENT OF EACH SUCH PART DAY'S COMPENSATORY TIME RECREDIT AT THE HOURLY OVERTIME RATE PRESCRIBED IN 39 U.S.C. 3573 THAT WOULD HAVE APPLIED TO THE PAY PERIOD IN WHICH THE JURY SERVICE OCCURRED.
B-152476, SEP. 15, 1964
TO MR. LEROY P. AFDEM:
IN OUR DECISION OF NOVEMBER 6, 1963, B-152476, TO YOU, THE MATTER THEN BEFORE US DID NOT SUGGEST THAT MR. ALBERT E. HOUSLEY'S COMPENSATORY LEAVE ACCOUNT WOULD BE CHARGED FOR THE HOURS 9 A.M. TO 2 P.M. ON NOVEMBER 21, 1962, JANUARY 8 AND MARCH 5, 1963, DURING WHICH HOURS MR. HOUSELY RENDERED JURY SERVICE. A MEMBER OF CONGRESS HAS REQUESTED US TO RECONSIDER THAT ASPECT OF THE CASE, AND WE HAVE BEEN INFORMED THAT MR. HOUSLEY DIED ON MARCH 6, 1964.
WE UNDERSTAND THOSE HOURS OF COMPENSATORY TIME WERE NOT RECREDITED TO MR. HOUSLEY, NOTWITHSTANDING THAT 5 U.S.C. 30N PROVIDES IN PART THAT THE PERIOD OF AN EMPLOYEE'S JURY SERVICE SHALL NOT BE DEDUCTED FROM THE TIME ALLOWED FOR "ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.' FURTHER, AS WE UNDERSTAND, THOSE HOURS WERE NOT INCLUDED IN COMPUTING THE PAYMENT DUE HIS SURVIVOR IN ACCORDANCE WITH 5 U.S.C. 61F AND G (3). IN THAT REGARD THE PROVISIONS OF 39 U.S.C. 3573 (5) AS ADDED BY PUB.L. 87-487, JUNE 19, 1962, 76 STAT. 103, ARE AS FOLLOWS:
"/5) IF AN EMPLOYEE IS ENTITLED UNDER THIS SECTION TO UNUSED COMPENSATORY TIME AT THE TIME OF HIS DEATH, THE POSTMASTER GENERAL SHALL PAY AT THE RATE PRESCRIBED IN THIS SECTION, BUT NOT LESS THAN A SUM EQUAL TO THE EMPLOYEE'S HOURLY BASIC COMPENSATION, FOR EACH HOUR OF SUCH UNUSED COMPENSATORY TIME TO THE PERSON OR PERSONS SURVIVING AT THE DATE OF SUCH EMPLOYEE'S DEATH. SUCH PAYMENT SHALL BE MADE IN THE ORDER OF PRECEDENCE PRESCRIBED IN THE FIRST SECTION OF THE ACT OF AUGUST 3, 1950 (5 U.S.C. 61F), AND SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON OF AMOUNTS SO PAID.'
OUR HOLDING IS THAT THE TIME FROM 9 A.M. TO 2 P.M. OF THE ABOVE THREE COMPENSATORY DAYS SHOULD HAVE BEEN RECREDITED TO MR. HOUSLEY'S ACCOUNT IN ACCORDANCE WITH 5 U.S.C. 30N, AND SUCH TIME SHOULD HAVE BEEN GRANTED HIM SUBSEQUENTLY. AS THAT WAS NOT DONE, THE SUM DUE UNDER THE ACT OF 1962 BECAME PAYABLE TO HIS SURVIVOR SPECIFIED IN 5 U.S.C. 61F.
THEREFORE, YOU ARE AUTHORIZED TO CERTIFY A SUPPLEMENTAL VOUCHER UNDER ESTABLISHED PROCEDURE IN ACCORDANCE WITH 5 U.S.C. 61H (A) FOR PAYMENT OF EACH SUCH PART DAY'S COMPENSATORY TIME RECREDIT AT THE HOURLY OVERTIME RATE PRESCRIBED IN 39 U.S.C. 3573 THAT WOULD HAVE APPLIED TO THE PAY PERIOD IN WHICH THE JURY SERVICE OCCURRED, LESS THAT PORTION OF THE JURY FEES HE RECEIVED FOR THE PARTICULAR HOURS INVOLVED. SEE 27 COMP. GEN. 83.
IN THE CIRCUMSTANCES IT APPEARS THAT THE POSTAL MANUAL PROVISIONS IN PARAGRAPHS 721.654 AND .655 SHOULD BE AMENDED TO CONFORM TO THE RULING HEREIN.