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B-183107 1 (1975-08-12)

handle is hein.gao/gaobadcon0001 and id is 1 raw text is: THE COMPTRCiLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-183107 DATE: AUG 12 1975 9750 I MVATTER OF: Lawrence J. Stark - Overtime compensation while held as prisoner of war DIGEST: Civilian employee is entitled to overtime compensation based on amount received prior to missing status if such compensation was part of his regularly scheduled pay and allowances and such overtime compensation continues throughout missing status period even though office to which employee was assigned is disestablished. However, where overtime compensation is not part of regularly scheduled pay and allowances, employee does not receive same unless he may become entitled' thereafter and such entitlement would be based on overtime performed by his replacement or average irregularly scheduled overtime of employees in his unit. This matter concerns an appeal by Mr. Lawrence J. Stark of decision B-183107, April 30, 1975, 54 Comp. Gen. , regarding the amount of compensation that Mr.-Stark should receive for the - period he spent as a prisoner of war. In our previous decision we held that Mr. Stark was entitled under the Missing Persons Act, 5 U.S.C. 5 5561, et seq. (1970), to receive overtime compensation during the period of his missing status. Such compensation was to be determined from the amount of overtime hours Mr. Stark's replacement worked, or in the alternative, on the basis of the average number of overtime hours worked by other employees performing similar duties in the same office where Mr. Stark was employed. Furthermore, we held that Mr. Stark was not entitled to overtime compensation subsequent to the disestablishment of his office, unless it could be shown that Mr. Stark would have been reassigned or transferred to another office where he would have continued to perform overtime work. Mr. Stark appeals the method described to determine his overtime compensation, and the possible discontinuance of overtime pay after the disestablishment of his office. Mr. Stark claims that his overtime hours were part of his regularly scheduled workweek, thus his compensation should be based on such. PUBLISHED DECISION 55 Comp. GeM .........

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