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B-230877 1 (1988-05-24)

handle is hein.gao/gaobadnch0001 and id is 1 raw text is: The Comptroller General / of the United States Washington, D.C. 20548 Decision Herman J. Halper - Reemployed Annuitant - Matterof- Application of Pay Cap File: B-230877 Date: May 24, 1988 DIGEST Under special legislation, enacted in response to the air traffic controller strike, a retired air traffic controller who was reemployed part-time by the Federal Aviation Administration (FAA) is entitled to his entire combined salary and annuity payments per pay period as long as the aggregate amount does not exceed the gross amount autho- rized for level V of the Executive Schedule. The FAA's more stringent pay cap on an hourly basis is incorrect in view of the clear language of 5 U.S.C. S 8344, as amended, that provides for a cap on the aggregate rate of pay for a pay period. DECISION Mr. Herman J. Halper, a retired air traffic controller of the Federal Aviation Administration (FAA), requests additional compensation for the period of time he was reemployed part-time by the FAA in response to the air traffic controller strike. The FAA reduced Mr. Halper's salary when it calculated a statutory pay cap on combined payments of salary and annuity on an hourly rate. Mr. Halper argues that he is entitled to his entire combined salary and annuity payments so long as the aggregate amount did not exceed the gross amount authorized by statute for the pay period. For the reasons that follow, we conclude that Mr. Halper is correct and that he is entitled to the additional compensation. BACKGROUND Mr. Halper was a retired air traffic controller who was asked by the FAA to return to work after the air traffic controller strike in 1981. Mr. Halper returned to work on November 16, 1981, and, as a reemployed annuitant, his annuity was deducted from his salary. See 5 U.S.C. § 8344(2) (1976). However, as an incentive to increase the cA~'(~

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