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B-207148 1 (1983-03-01)

handle is hein.gao/gaobadkxf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASH.NGTON. D.C. 20548 FILE: B-207148 DATE: March 1, 1983 MATTER OF: B. Riley McClelland - Deductions from Backpay - Outside Earnings DIGEST: 1. An employee who was determined to have been improperly separated from his position and was reinstated with backpay disputes the employing agency's determination that fellow- ship monies he received during the period of the improper personnel action must be deducted from back- pay. Fellowship monies paid to an employee for the primary purpose of furthering his education and train- ing, and not as compensation for his services, are not deductible from backpay since such monies do not constitute amounts earned * * * through other employment within the meaning of the.-aek-Pay Act, 5 U.S.C. S 5596 (Supp. IV 1980). 2. An employee who was determined to have been improperly separated from his position disputes the employing agency's determination to deduct amounts the employee earned through employment during the period of the corrected action, alleging that such employment was not engaged in to take the place of his Govern- ment employment since he orally agreed to engage in the employment prior to his separation, and the work could have been performed in addition to his Government duties. In accordance with A. Earnest Fitzgerald, 53 Comp. Gen. 824 (1974), the amounts in question were properly deducted from backpay since there is no evidence that the employee actually was engaged in outside work prior to his separation.

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