B-159281, JUL. 8, 1966

B-159281, JUL. 8, 1966

TO MR. LEONARD CURRERI:

THIS REFERS TO YOUR LETTER OF JUNE 18, 1966, IN EFFECT REQUESTING RECONSIDERATION OF THAT PART OF OUR DECISION OF JUNE 14, 1966, B 159281, TO YOU, WHICH DISALLOWED YOUR CLAIM FOR EXTRA PAY FOR WORKING ALL LEGAL HOLIDAYS DURING THE PERIOD JANUARY 1942 THROUGH DECEMBER 1945, AS ACIVILIAN EMPLOYEE OF THE NEW YORK NAVAL SHIPYARD.

THE REASON FOR THE DISALLOWANCE OF YOUR CLAIM FOR HOLIDAY PAY FOR THE PERIOD INVOLVED WAS FULLY DISCUSSED IN OUR DECISION OF JUNE 14, 1966, TO YOU, AND NEED NOT BE REPEATED HERE. YOU SAY THAT AFTER 1946 YOU RECEIVED HOLIDAY PAY ON THE HOLIDAYS WORKED. WE EXPLAINED TO YOU IN OUR DECISION OF JUNE 14, 1966, THAT IN THE ABSENCE OF A WAGE BOARD AGREEMENT PROVIDING FOR EXTRA PAY FOR WAGE BOARD EMPLOYEES WHO ARE REQUIRED TO WORK ON A LEGAL HOLIDAY THERE WAS NO AUTHORITY TO PAY EXTRA COMPENSATION FOR SUCH WORK. EFFECTIVE JULY 1, 1946, THE DEPARTMENT OF THE NAVY ISSUED REGULATIONS (APPARENTLY BASED ON AN AGREEMENT) AUTHORIZING EXTRA PAY FOR WAGE BOARD EMPLOYEES WHO WERE REQUIRED TO WORK ON HOLIDAYS FALLING WITHIN THEIR REGULAR TOUR OF DUTY. SEE NCPI 250.7-13I (REV. I, AMEND. 5), DATED JUNE 20, 1946.

CONCERNING YOUR QUESTION WHETHER YOU COULD CHANGE YOUR RETIREMENT FROM MANDATORY TO DISABILITY, THE RESPONSIBILITY FOR DETERMINING THE TYPE OF RETIREMENT UNDER THE CIVIL SERVICE RETIREMENT ACT IS VESTED IN THE CIVIL SERVICE COMMISSION. SEE 5 U.S.C. 2266. ANY FURTHER QUESTIONS CONCERNING YOUR RETIREMENT SHOULD BE ADDRESSED TO THE DIRECTOR, BUREAU OF RETIREMENT AND INSURANCE, UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON, D.C. 20415.

THE PRIOR ACTION IN DISALLOWING YOUR CLAIM FOR EXTRA PAY FOR WORKING ON HOLIDAYS IS SUSTAINED.