B-164515, JAN 15, 1971, 50 COMP GEN 495
Highlights
WHEN THE COMPARISON OF INDIVIDUAL WAGE PAYMENTS EVIDENCES PREVIOUS WAGE SCHEDULE PAYMENTS WERE LESS THAN AN EMPLOYEE IS ENTITLED TO UNDER THE MONRONEY AMENDMENT. IF THE PREVIOUS PAYMENT WAS GREATER THAN THE AMOUNT DUE UNDER THE AMENDMENT. NO PAYMENT IS DUE THE EMPLOYEE. 1971: THIS IS IN REFERENCE TO YOUR LETTER DATED NOVEMBER 24. THE FOLLOWING PORTION OF THE ATTACHMENT TO THE BULLETIN IS PERTINENT TO THE QUESTIONS YOU HAVE PRESENTED: GUIDANCE ON THE APPLICATION OF WAGE SCHEDULES ISSUED UNDER THE PROVISIONS OF THE MONRONEY AMENDMENT GENERAL GUIDANCE. - THE BASIC CONCEPTS WITH RESPECT TO ENTITLEMENT TO PAY DURING THE RETROACTIVE PERIOD ARE (1) THAT THE NEW MONRONEY SCHEDULE IS THE ONLY LEGAL SCHEDULE IN EFFECT DURING THE RETROACTIVE PERIOD AND (2) THAT NO EMPLOYEE WILL HAVE HIS PAY REDUCED DURING THE RETROACTIVE PERIOD.
B-164515, JAN 15, 1971, 50 COMP GEN 495
COMPENSATION - WAGE BOARD EMPLOYEES - INCREASES - RETROACTIVE - WAGE ADJUSTMENTS IN THE RETROACTIVE APPLICATION OF THE MONRONEY AMENDMENT WAGE SCHEDULE, 5 U.S.C. 5341(C), PURSUANT TO THE UNITED STATES CIVIL SERVICE BULLETIN NO. 532-9, DATED SEPTEMBER 23, 1970, WHEN THE COMPARISON OF INDIVIDUAL WAGE PAYMENTS EVIDENCES PREVIOUS WAGE SCHEDULE PAYMENTS WERE LESS THAN AN EMPLOYEE IS ENTITLED TO UNDER THE MONRONEY AMENDMENT, THE EMPLOYEE SHOULD BE PAID THE DIFFERENCE; AND IF THE PREVIOUS PAYMENT WAS GREATER THAN THE AMOUNT DUE UNDER THE AMENDMENT, THE EMPLOYEE MAY RETAIN THE DIFFERENCE. HOWEVER, WHERE A COMPARISON OF THE INDIVIDUAL PAYMENTS SHOWS THAT THE UNDERPAYMENTS EQUAL THE OVERPAYMENTS, NO PAYMENT IS DUE THE EMPLOYEE.
TO LIEUTENANT COLONEL EDWARD D. YOUNG, DEPARTMENT OF THE AIR FORCE, JANUARY 15, 1971:
THIS IS IN REFERENCE TO YOUR LETTER DATED NOVEMBER 24, 1970, REFERENCE ACF, REQUESTING AN ADVANCE DECISION ON THE PROPRIETY OF RETROACTIVE PAY UNDER 5 U.S.C. 5341(C), THE MONRONEY AMENDMENT, AS PRESCRIBED BY UNITED STATES CIVIL SERVICE BULLETIN NO. 532-9, DATED SEPTEMBER 23, 1970.
THE FOLLOWING PORTION OF THE ATTACHMENT TO THE BULLETIN IS PERTINENT TO THE QUESTIONS YOU HAVE PRESENTED:
GUIDANCE ON THE APPLICATION OF WAGE SCHEDULES ISSUED UNDER THE PROVISIONS OF THE MONRONEY AMENDMENT
GENERAL GUIDANCE. - THE BASIC CONCEPTS WITH RESPECT TO ENTITLEMENT TO PAY DURING THE RETROACTIVE PERIOD ARE (1) THAT THE NEW MONRONEY SCHEDULE IS THE ONLY LEGAL SCHEDULE IN EFFECT DURING THE RETROACTIVE PERIOD AND (2) THAT NO EMPLOYEE WILL HAVE HIS PAY REDUCED DURING THE RETROACTIVE PERIOD. ACCORDINGLY, NO RETROACTIVE CHANGE AS FAR AS INDIVIDUAL PAYMENTS MADE DURING THE RETROACTIVE PERIOD ARE CONCERNED, WILL BE MADE IF THE ACTIONS TAKEN AND INDIVIDUAL PAYMENTS MADE DURING THE PERIOD OF RETROACTIVITY ARE HIGHER THAN THEY WOULD HAVE BEEN UNDER THE NEW WAGE SCHEDULE. THESE PROVISIONS RELATE TO THE COMPARATIVE INDIVIDUAL PAYMENTS APPLICABLE DURING THE RETROACTIVE PERIOD.
THE RETROACTIVE APPLICATION OF THE MONRONEY WAGE SCHEDULES SHOULD BE EFFECTED ALONG THE FOLLOWING LINES:
(A) RECONSTRUCT ALL ACTIONS TAKEN (STEP AND RATE OF PAY) DURING THE RETROACTIVE PERIOD ON THE BASIS OF THE NEW MONRONEY WAGE SCHEDULES.
(B) RECOMPUTE ALL PAYMENTS MADE DURING THE RETROACTIVE PERIOD ON THE BASIS OF THE NEW MONRONEY WAGE SCHEDULES.
(C) COMPARE (1) THE INDIVIDUAL PAYMENTS MADE DURING THE RETROACTIVE PERIOD UNDER THE WAGE SCHEDULES THEN IN EFFECT WITH (2) THE INDIVIDUAL PAYMENTS COMPUTED ON THE BASIS OF THE NEW MONRONEY WAGE SCHEDULES.
(D) WHERE THE INDIVIDUAL PAYMENTS MADE UNDER THE PREVIOUS WAGE SCHEDULES ARE LESS THAN THOSE TO WHICH THE EMPLOYEE IS ENTITLED UNDER THE MONRONEY WAGE SCHEDULES, THE EMPLOYEE IS PAID THE DIFFERENCE.
(E) WHERE THE INDIVIDUAL PAYMENTS MADE UNDER THE PREVIOUS WAGE SCHEDULES ARE GREATER THAN THOSE TO WHICH THE EMPLOYEE IS ENTITLED UNDER THE MONRONEY WAGE SCHEDULES NO OVER-PAYMENT INDEBTEDNESS IS CREATED BECAUSE THE PAYMENTS MADE WERE LEGAL IN ACCORDANCE WITH THE SCHEDULE THEN IN EFFECT. OBVIOUSLY, NO COLLECTION IS REQUIRED.
YOU PRESENT THE FOLLOWING EXAMPLE AS THE BASIS FOR YOUR QUESTIONS:
WAS PAID UNDER SHOULD BE PAID UNDER
PAY PERIOD HOURS AGENCY WAGE SYSTEM MONRONEY AMENDMENT DIFFERENCE
A 80 $3.18 PH - $254.40 $3.15 PH - $252.00 $2.40
B 80 $3.32 PH - $265.60 $3.35 PH - $268.00 2.40
THE QUESTIONS SUBMITTED FOR AN ADVANCE DECISION ARE AS FOLLOWS:
A. IS THE PAY DUE THE EMPLOYEE CONSIDERED ON A COMPOSITE BASIS AND THEREFORE NO PAY DUE THE EMPLOYEE BECAUSE THE OVERPAYMENT IN PERIOD "A" OFFSETS THE PAY DUE FOR PERIOD "B"?
B. IF THE ANSWER TO (A) IS "NO," SHOULD THE EMPLOYEE BE FORGIVEN THE $2.40 PAYMENT COMPUTED FOR PERIOD "B"?
PARAGRAPH (C) OF THE "GUIDANCE," QUOTED ABOVE, REQUIRES A COMPARISON OF INDIVIDUAL PAYMENTS; PARAGRAPH (D) PROVIDES THAT WHERE INDIVIDUAL PAYMENTS MADE UNDER THE PREVIOUS WAGE SCHEDULE ARE LESS THAN THOSE TO WHICH THE EMPLOYEE IS ENTITLED UNDER THE MONRONEY WAGE SCHEDULES, THE EMPLOYEE IS TO BE PAID THE DIFFERENCE; AND PARAGRAPH (E) PROVIDES THAT EMPLOYEES ARE TO RETAIN INDIVIDUAL PAYMENT AMOUNTS WHICH WERE GREATER UNDER PREVIOUS SCHEDULES. WHILE THESE REQUIREMENTS ARE, PERHAPS, AMBIGUOUS IN TERMS OF THE QUESTIONS YOU RAISE, IT IS PROPER AND WAS INTENDED THAT PARAGRAPHS (D) AND (E) BE APPLIED TO NET OVER AND UNDER PAYMENTS FOR THE ENTIRE RETROACTIVE PERIOD. THUS, WHERE AS IN THE EXAMPLE PRESENTED, A COMPARISON OF THE INDIVIDUAL PAYMENTS SHOWS THAT THE UNDERPAYMENTS EQUAL THE OVERPAYMENTS, NO PAYMENT WOULD BE DUE THE EMPLOYEE. QUESTION "A" IS ACCORDINGLY ANSWERED IN THE AFFIRMATIVE; AND BY REASON OF THAT ANSWER, QUESTION "B" DOES NOT REQUIRE CONSIDERATION.