B-34459, MAY 17, 1943, 22 COMP. GEN. 1043

B-34459, MAY 17, 1943, 22 COMP. GEN. 1043

COMPENSATION - PART TIME EMPLOYEES THE BASIC ANNUAL SALARY OF A PART TIME EMPLOYEE, AS DEFINED IN THE REGULATIONS ISSUED PURSUANT TO THE WAR OVERTIME PAY ACT OF 1943, ON WHICH IS TO BE COMPUTED THE 15 PERCENT ADDITIONAL COMPENSATION AUTHORIZED BY SECTION 3 (C) OF SAID ACT, SHOULD BE COMPUTED BY DIVIDING THE NUMBER OF HOURS THE PART TIME EMPLOYEE WORKS PER WEEK BY THE NUMBER OF HOURS IN THE ADMINISTRATIVE WORKWEEK CURRENTLY IN EFFECT FOR FULL TIME EMPLOYEES OF THE SAME CLASS, AND MULTIPLYING THE QUOTIENT BY THE BASIC ANNUAL SALARY RATE FOR FULL TIME SERVICE ESTABLISHED BY THE CLASSIFICATION ACT. RULES STATED IN 22 COMP. GEN. 738, ID. 827, WITH RESPECT TO ADDITIONAL COMPENSATION UNDER THE ACT OF DECEMBER 22, 1942, FOR PART TIME EMPLOYEES, NEED NOT BE REGARDED AS REMAINING IN EFFECT BEYOND APRIL 30, 1943--- THE EXPIRATION DATE OF THAT ACT. IN THE CASE OF PART TIME EMPLOYEES EMPLOYED ON A PER ANNUM SALARY RATE BASIS TO WORK A DESIGNATED NUMBER OF HOURS PER WEEK WITH DIFFERING LENGTHS OF WORK DAYS DURING THE WEEK, THE BASIC COMPENSATION, ON WHICH IS TO BE BASED THE 15 PERCENT ADDITIONAL COMPENSATION AUTHORIZED FOR SUCH EMPLOYEES BY SECTION 3 (C) OF THE WAR OVERTIME PAY ACT OF 1943, FOR 15-DAY SEMIMONTHLY PAY PERIODS (INCLUDING ANY SUCH PAY PERIOD DURING WHICH THE EMPLOYEE IS IN A PAY STATUS FOR ONLY A PORTION OF THE PERIOD) SHOULD BE COMPUTED BY THE FOLLOWING FORMULA: HOURS ACTUALLY WORKED DURING THE PAY PERIOD DIVIDED BY THE HOURS THAT SHOULD HAVE BEEN WORKED, TIMES 15/360, TIMES THE PART TIME ANNUAL SALARY RATE. 22 COMP. GEN. 889, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, MAY 17, 1943:

I HAVE YOUR LETTER OF MAY 12, 1943, AS FOLLOWS:

SECTION 3 (C) OF THE WAR OVERTIME PAY ACT OF 1943 ( PUBLIC LAW 49 - 78TH CONGRESS), APPROVED MAY 7, 1943, PROVIDES FOR PAYMENT OF ADDITIONAL COMPENSATION TO PART-TIME EMPLOYEES IN THE FOLLOWING MANNER:

"/C) ANY OFFICER OR EMPLOYEE TO WHOM THIS ACT APPLIES AND WHOSE HOURS OF DUTY ARE LESS THAN FULL TIME, OR WHOSE COMPENSATION IS BASED UPON OTHER THAN A TIME PERIOD BASIS SHALL BE PAID, IN LIEU OF OVERTIME COMPENSATION OR ADDITIONAL COMPENSATION UNDER THE FOREGOING PROVISIONS OF THIS ACT, ADDITIONAL COMPENSATION AT A RATE OF 15 PERCENTUM OF SO MUCH OF THEIR EARNED BASIC COMPENSATION AS IS NOT IN EXCESS OF A RATE OF $2,900 PER ANNUM.'

IN ITS REGULATIONS ISSUED PURSUANT TO SECTION 9 OF THE ACT ( DEPARTMENTAL CIRCULAR NO. 424, DATED MAY 8, 1943), THE CIVIL SERVICE COMMISSION HAS DEFINED PART-TIME EMPLOYEES, WHO WILL BE PAID UNDER THE ABOVE PROVISION, AS FOLLOWS:

"PART-TIME EMPLOYEES ARE EMPLOYEES WHO ARE REGULARLY REQUIRED TO WORK A SPECIFIED MINIMUM NUMBER OF HOURS PER WEEK ADMINISTRATIVELY FIXED IN ADVANCE AT LESS THAN THE ADMINISTRATIVE WORK-WEEK FOR SIMILAR EMPLOYEES IN THE SAME DEPARTMENT OR AGENCY. SUCH EMPLOYEES SHALL BE CONSIDERED PART- TIME EMPLOYEES IF THEY ARE REQUIRED TO WORK A SPECIFIED MINIMUM NUMBER OF HOURS PER WEEK NOTWITHSTANDING THE FACT THAT THEY DO NOT WORK THE SAME NUMBER OF HOURS EACH DAY.'

THE COMMISSION ALSO DEFINES FULL-TIME EMPLOYEES AS FOLLOWS:

"FULL-TIME EMPLOYEES ARE EMPLOYEES WHO ARE REGULARLY REQUIRED TO WORK, AS A MINIMUM, THE NUMBER OF HOURS IN THE ADMINISTRATIVE WORK WEEK SPECIFIED FOR EMPLOYEES IN THEIR RESPECTIVE GROUPS.'

IN YOUR DECISION OF FEBRUARY 2, 1943 (22 COMP. GEN. 738), IT WAS HELD THAT "THE EARNED BASIC COMPENSATION OF REGULAR PART-TIME EMPLOYEES AND THE TEN PERCENTUM ADDITIONAL COMPENSATION WAS LEGALLY FIXED AND IS TO BE COMPUTED IN LINE WITH PRIOR DECISIONS OF THIS OFFICE . . . ON THE WORK- WEEK IN EFFECT ON THE DATE OF APPROVAL OF JOINT RESOLUTION NO. 170--- DECEMBER 22, 1942.' IN VIEW OF THE ENACTMENT OF THE WAR OVERTIME PAY ACT OF 1943, AND THE CIVIL SERVICE COMMISSION'S REGULATIONS QUOTED ABOVE, YOUR DECISION IS REQUESTED AS TO WHETHER THE ANNUAL SALARY OF PART-TIME EMPLOYEES AS DEFINED ABOVE MAY BE DETERMINED BY THE FOLLOWING FORMULA:

HOURS OF PART-TIME EMPLOYEE BASIC ANNUAL SALARY AS ESTABLISHED ---------- -------------------- TIMES BY THE CLASSIFICATION ACT OF 1923,

HOURS OF FULL-TIME EMPLOYEE AS AMENDED.

OF SAME CLASS

36 1440

(FOR EX: -- TIMES ---- EQUALS $1080)

48 1

IN YOUR DECISION TO THE SECRETARY OF STATE, DATED MARCH 12, 1943, (B- 32961), YOU ADOPTED THE RULE,"TO PAY THEM FOR ACTUAL HOURS WORKED ON A PER ANNUM BASIS FOR THE PERIOD EMPLOYED (SEMI-MONTHLY PAY PERIODS OR A FRACTION THEREOF) PROPORTIONATELY TO THE HOURS THEY SHOULD HAVE WORKED (DURING THE SAME PERIODS).' THIS GENERAL RULE IS RECOGNIZED AS EQUITABLE TO BOTH THE EMPLOYEE AND THE GOVERNMENT AND THE DEPARTMENT WISHES TO CONTINUE ITS APPLICATION UNDER THE WAR OVERTIME PAY ACT OF 1943. IN VIEW OF THE FACT THE DEPARTMENT HAS PART-TIME EMPLOYEES WHO DO NOT WORK THE SAME NUMBER OF HOURS EACH DAY BUT DO WORK A STANDARD NUMBER OF HOURS EACH WEEK, AS IS PERMITTED UNDER THE CIVIL SERVICE COMMISSION'S DEFINITION OF PART-TIME EMPLOYEES QUOTED ABOVE, YOUR APPROVAL IS REQUESTED OF THE USE OF THE FOLLOWING FORMULA FOR COMPUTING THE PAY OF SUCH EMPLOYEES FOR EACH PAY PERIOD:

HOURS ACTUALLY WORKED 15 PART-TIME ANNUAL

---------------------------- TIMES --- TIMES SALARY RATE PLUS 15

HOURS SHOULD HAVE WORKED 360 PERCENT

DURING PAY PERIOD

OPERATION OF THE FORMULA SUGGESTED ABOVE MAY BE ILLUSTRATED BY THE FOLLOWING EXAMPLE. A PART-TIME EMPLOYEE IN A CAF-2 POSITION HAVING A WEEKLY TOUR OF DUTY OF 36 HOURS (WHEREAS FULL-TIME EMPLOYEES OF THE SAME CLASS WORK 48 HOURS) DISTRIBUTED OVER EIGHT HOURS ON MONDAY, TUESDAY AND WEDNESDAY AND FOUR HOURS ON THURSDAY, FRIDAY AND SATURDAY, WORKS ALL ASSIGNED HOURS DURING THE PAY PERIOD MAY 1 TO 15. SINCE THIS TOUR OF DUTY REQUIRES A TOTAL OF 76 HOURS SERVICE DURING THE PAY PERIOD, THE EMPLOYEE'S SALARY WILL BE COMPUTED AS FOLLOWS:

15

76/76 TIMES --- TIMES $1080 EQUALS $45

360

$45 PLUS 15 PERCENT OF $45 EQUALS $51.75, TOTAL SALARY MAY 1 TO 15. THE SAME EMPLOYEE WERE IN NON-PAY STATUS FROM SATURDAY, MAY 1, THROUGH TUESDAY, MAY 4, FOR ANY CAUSE, THE COMPUTATION WOULD BE AS FOLLOWS:

15

56/76 TIMES --- TIMES $1080 EQUALS $33.15

360 $33.15 PLUS 15 PERCENT OF $33.15 EQUALS $38.12, TOTAL SALARY MAY 1 TO 15.

TO 15. THE ABOVE FORMULA WOULD BE APPLIED IN ALL CASES AND ALL PERIODS OF NON-PAY STATUS WITHIN THE PAY PERIOD WOULD BE ACCOUNTED FOR ON THE SAME BASIS. THIS WOULD APPLY WHETHER THE NON-PAY STATUS WAS DUE TO ABSENCE FROM DUTY ON A WORK DAY, APPOINTMENT AFTER THE BEGINNING OF THE PAY PERIOD, OR SEPARATION DURING A PAY PERIOD.

THE FORMULA PRESENTED ABOVE FOLLOWS THE RULE PREVIOUSLY ADOPTED, THAT IS, PAYMENT FOR ACTUAL HOURS WORKED ON A PER ANNUM BASIS PROPORTIONATELY TO THE HOURS THAT SHOULD HAVE BEEN WORKED. FURTHER, CLOSE ANALYSIS OF THE FORMULA WILL REVEAL THAT IT CONTAINS ALL OF THE ELEMENTS NECESSARY TO PAY PART-TIME EMPLOYEES ON AN ANNUAL BASIS WITH PROPORTIONATE CREDIT FOR SUNDAYS AND HOLIDAYS FALLING WITHIN THE PAY PERIOD. THE FIRST FRACTION OF THE FORMULA REPRESENTS THE DESIRED PROPORTION BETWEEN THE HOURS WORKED AND THOSE THAT SHOULD HAVE BEEN WORKED, AND THE SECOND ASSURES THAT COMPENSATION FOR EACH DAY IN THE PAY PERIOD (15) WILL BE COMPUTED IN PROPORTION TO THE TOTAL DAYS FOR WHICH COMPENSATION IS AUTHORIZED ON AN ANNUAL BASIS (360) AS REQUIRED BY THE ACT OF JUNE 30, 1906 (5 U.S.C. 84).

YOUR EARLY CONSIDERATION OF THE QUESTIONS PRESENTED HEREIN WILL BE APPRECIATED IN ORDER THAT CERTIFYING OFFICERS MAY RELEASE PAYROLLS FOR THE FIRST PERIOD UNDER THE NEW LEGISLATION WITH THE LEAST POSSIBLE DELAY.

THE RULE STATED IN THE DECISION OF FEBRUARY 2, 1943, 22 COMP. GEN. 738, TO WHICH YOU REFER, AND, ALSO, IN DECISION OF FEBRUARY 24, 1943, 22 COMP. GEN. 827, FOR COMPUTING THE EARNED BASIC COMPENSATION AND THE PERCENTAGE INCREASE OF PART TIME EMPLOYEES UNDER JOINT RESOLUTION OF DECEMBER 22, 1942, 56 STAT. 1068, AUTHORIZING INCREASES IN COMPENSATION FOR FEDERAL OFFICERS AND EMPLOYEES OVER THE PERIOD FROM DECEMBER 1, 1942, THROUGH APRIL 30, 1943, WAS AS FOLLOWS (QUOTING FROM THE SYLLABUS OF THE DECISION OF FEBRUARY 24, 1943):

THE "BASIC COMPENSATION" OF PART TIME EMPLOYEES, ON WHICH IS TO BE COMPUTED THE 10 PERCENT ADDITIONAL COMPENSATION AUTHORIZED FOR SUCH EMPLOYEES BY THE ACT OF DECEMBER 22, 1942, IS TO BE REGARDED AS THE COMPENSATION LEGALLY FIXED FOR THE POSITION ON DECEMBER 22, 1942, COMPUTED IN THE PROPORTION THAT THE NUMBER OF HOURS PART TIME EMPLOYEES WORK PER WEEK BEARS TO THE NUMBER OF HOURS IN THE WORKWEEK IN EFFECT ON THAT DATE FOR FULL TIME EMPLOYEES, NOTWITHSTANDING A SUBSEQUENT INCREASE IN THE HOURS OF WORK FOR FULL TIME EMPLOYEES AND IRRESPECTIVE OF WHETHER THE PART TIME EMPLOYEES WERE HIRED BEFORE OR AFTER THE DATE OF SUCH EXTENSION OF THE HOURS FOR FULL TIME EMPLOYEES.

IN THE EVENT OF A CHANGE IN THE NUMBER OF HOURS PER WEEK A PART TIME EMPLOYEE IS REQUIRED TO WORK, HIS "BASIC COMPENSATION"--- UPON WHICH THE 10 PERCENT ADDITIONAL COMPENSATION TO WHICH HE IS ENTITLED UNDER THE ACT OF DECEMBER 22, 1942, IS TO BE COMPUTED--- SHOULD BE RECOMPUTED ON THE BASIS OF THE PROPORTION THAT THE NUMBER OF HOURS PER WEEK HE WORKS BEARS TO THE NUMBER OF HOURS IN THE WORKWEEK IN EFFECT FOR FULL TIME EMPLOYEES ON THE DATE OF SAID ACT, IRRESPECTIVE OF ANY INCREASE IN THE WORKWEEK OF FULL TIME EMPLOYEES.

THOSE RULES WERE STATED UNDER A STATUTE AND REGULATIONS OF THE PRESIDENT- -- WHICH STATUTE AND REGULATIONS ARE NO LONGER IN EFFECT, HAVING EXPIRED APRIL 30, 1943--- AND, ACCORDINGLY, SAID RULES NEED NOT BE REGARDED AS REMAINING IN EFFECT BEYOND APRIL 30, 1943.

THE DEFINITION OF "PART-TIME EMPLOYEE," QUOTED IN YOUR LETTER FROM THE REGULATIONS OF THE CIVIL SERVICE COMMISSION ISSUED PURSUANT TO SECTION 9 OF THE WAR OVERTIME PAY ACT OF 1943, 57 STAT. 77, PUBLIC LAW 49, AUTHORIZES AND REQUIRES THE USE OF THE NUMBER OF HOURS IN THE ADMINISTRATIVE WORKWEEK CURRENTLY IN FORCE, RATHER THAN AS OF DECEMBER 22, 1942, AS THE BASIS FOR COMPUTING THE EARNED BASIC COMPENSATION AND THE 15 PERCENT INCREASE OF PART-TIME EMPLOYEES AUTHORIZED BY SECTION 3 (C) OF THE NEW STATUTE, 57 STAT. 77. ACCORDINGLY, THE FORMULA STATED IN THE FOURTH PARAGRAPH OF YOUR LETTER IS APPROVED AND PROPERLY IS FOR APPLICATION ON AND AFTER MAY 1, 1943.

THE OTHER FORMULA PROPOSED IN YOUR LETTER FOR COMPUTATION UNDER THE WAR OVERTIME PAY ACT OF 1943, APPROVED MAY 7, 1943, AND THE REGULATIONS OF THE CIVIL SERVICE COMMISSION THEREUNDER, OF THE AGGREGATE COMPENSATION OF PART -TIME EMPLOYEES IN THE SEVERAL SITUATIONS PRESENTED APPEARS IN ACCORD WITH THE GENERAL RULE STATED IN THE REFERRED-TO DECISION OF MARCH 12, 1943, B- 32961, 22 COMP. GEN. 889 (WHICH RULE WAS STATED BY THIS OFFICE UNDER THE PRIOR LAW AND REGULATIONS), AND APPEARS TO GIVE PROPER REGARD FOR THE CHANGE IN THE FORMULA FIRST ABOVE APPROVED UNDER THE NEW LAW AND REGULATIONS FOR COMPUTING THE EARNED BASIC COMPENSATION AND PERCENTAGE INCREASE FOR PART-TIME EMPLOYEES WHO WORK THEIR ENTIRE REGULAR TOUR OF DUTY. ACCORDINGLY, THAT FORMULA, ALSO, IS APPROVED AND PROPERLY IS FOR APPLICATION ON AND AFTER MAY 1, 1943.