B-154745, JAN. 12, 1968
Highlights
YOU NOW STATE THAT YOUR CLAIM IS FOR THE PERIOD JULY 22. YOU STATE THAT YOU WERE DENIED PAY SAVING BENEFITS UPON IMPLEMENTATION OF A PERCENTAGE PREMIUM PAY PLAN AT THE MANILA AIR STATION. YOUR TOUR OF DUTY WAS INCREASED TO 84 HOURS PER WEEK. THE EMPLOYEE'S GROSS EARNINGS UNDER THE 25 PERCENT PREMIUM PAY PLAN WERE GREATER. YOU WERE NOT ELIGIBLE FOR A SAVED RATE OF PAY. SINCE YOU RECEIVED THE FULL AMOUNT OF COMPENSATION TO WHICH YOU WERE ENTITLED.
B-154745, JAN. 12, 1968
EMPLOYEES - COMPENSATION - OVERTIME - FIREFIGHTERS DECISION TO FIREFIGHTER WITH DEPT. OF AIR FORCE IN MANILA DENYING CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICES. WHERE RECORDS SHOW THAT A FIREFIGHTER RECEIVED A GREATER GROSS PAY UNDER PERCENTAGE PREMIUM PAY SYSTEM AUTHORIZED BY ARMY-AIR FORCE WAGE BOARD AS COMPARED TO AGGREGATE PAY SYSTEM IN EFFECT PRIOR TO NOV. 28, 1954, NO SAVED RATE MAY BE PAID.
TO MR. AGAPITO L. JANABAJAL:
THIS REFERS TO YOUR LETTER OF NOVEMBER 10, 1967, REQUESTING FURTHER REVIEW OF YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICES PERFORMED AS A FIREFIGHTER WITH THE DEPARTMENT OF THE AIR FORCE, MANILA AIR STATION, PHILIPPINES.
BY LETTER DATED SEPTEMBER 29, 1967 (B-154745), OUR OFFICE SUSTAINED THE DISALLOWANCE OF YOUR CLAIM (SETTLEMENT DATED SEPTEMBER 21, 1966) FOR ADDITIONAL COMPENSATION FOR SERVICES PERFORMED DURING THE PERIOD NOVEMBER 28, 1954, TO JULY 22, 1956. HOWEVER, YOU NOW STATE THAT YOUR CLAIM IS FOR THE PERIOD JULY 22, 1956, TO JUNE 17, 1958. MORE SPECIFICALLY, YOU STATE THAT YOU WERE DENIED PAY SAVING BENEFITS UPON IMPLEMENTATION OF A PERCENTAGE PREMIUM PAY PLAN AT THE MANILA AIR STATION.
OUR RECORDS SHOW THAT IN MAY 1956, THE ARMY-AIR FORCE WAGE BOARD AUTHORIZED PAYMENT OF 25 PERCENT ANNUAL PREMIUM COMPENSATION IN LIEU OF ALL OTHER PREMIUM PAY TO NON-UNITED STATES CITIZENS EMPLOYED AS FIREFIGHTERS IN THE PHILIPPINES. THAT PAY PLAN BECAME EFFECTIVE AT THE MANILA AIR STATION ON JULY 22, 1956. SIMULTANEOUS THEREWITH, YOUR TOUR OF DUTY WAS INCREASED TO 84 HOURS PER WEEK.
ON OCTOBER 11, 1956, HEADQUARTERS, DEPARTMENT OF THE AIR FORCE AUTHORIZED THE PACIFIC AIR FORCE COMMAND TO SAVE PAY WHERE NECESSARY FOR ANY NON- UNITED STATES CITIZEN FIREFIGHTER EMPLOYEE COVERED BY THE NEW PREMIUM PAY PLAN. PURSUANT TO THAT AUTHORIZATION, THE DIRECTOR OF CIVILIAN PERSONNEL, HEADQUARTERS, PACIFIC AIR FORCE, ADDRESSED A LETTER TO THE COMMANDER OF THE 6200TH AIR BASE WING SETTING FORTH A SPECIFIC METHOD BY WHICH ENTITLEMENT TO PAY SAVINGS WOULD BE DETERMINED. THAT METHOD REQUIRED THAT A COMPARISON BE MADE BETWEEN THE EMPLOYEE'S GROSS EARNINGS UNDER THE AGGREGATE PAY SYSTEM (60-HOUR TOUR OF DUTY) IN EFFECT PRIOR TO NOVEMBER 28, 1954, AND HIS GROSS EARNINGS UNDER THE NEW 25 PERCENT PREMIUM PAY PLAN (84-HOUR TOUR OF DUTY) AUTHORIZED BY THE ARMY-AIR FORCE WAGE BOARD. THE EMPLOYEE'S GROSS EARNINGS UNDER THE 25 PERCENT PREMIUM PAY PLAN WERE GREATER, NO SAVED RATE WOULD BE APPLIED.
COPIES OF YOUR OFFICIAL PAY RECORDS SHOW THAT YOU RECEIVED A GREATER GROSS PAY UNDER THE PERCENTAGE PREMIUM PAY PLAN THAN YOU HAD UNDER THE FORMER AGGREGATE PAY SYSTEM (60-HOUR TOUR OF DUTY). THEREFORE, UNDER THE METHOD DESCRIBED ABOVE, YOU WERE NOT ELIGIBLE FOR A SAVED RATE OF PAY.
SINCE YOU RECEIVED THE FULL AMOUNT OF COMPENSATION TO WHICH YOU WERE ENTITLED, THERE EXISTS NO BASIS TO ALLOW YOUR CLAIM FOR ADDITIONAL COMPENSATION.