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B-148637 1 (1968-01-29)

handle is hein.gao/gaobadbsv0001 and id is 1 raw text is: C),4t-ROLLER GENERAL OF THE UITED STAT' WASHINGTON. D.C. 2054 3-1)8637 January 29, 1968 Dear Mr. Macy: .e refer to your letter of November 22, 1967, asking whether we see any objection to a oroposed Federal Personnel Nanual letter to clarify the application of section 550.8014(e) of the Commission's regulations as it relates to the effect of overtime compensation earned in other employment in the computation of back -ay. 'The proposed clarification reads as follows: (e) In computing the amount of back pay due an enloyee under this section and section 3 of the Act, the department shall deduct the amounts earned by the employee from other employment during the neriod cov- ered by the corrected personnel action. The depart- tent shall include as other employment only that employ- aent engaged in by the employee to take the place of the employment from which the employee was soearated by the unjustified or unwarranted personnel action. The intention of the proposal is to provide for the reduction of the back pay otherwise due an employee who is restored following an unwarranted personnel action by only those amounts that were earned through outside employment during the period of time corresponding with the period the employee would have worked in his Government esi tion had he not undergone such unwarranted personnel action. 5 U.S.C. 5596 provides that the back pay otherwise due an employee incident to the correction of an unwarranted -ersonnel action shall be reduced by any amounts earned by him through other emnloyment during that oeriod (the period during which the unwarranted personnel action was in effect). 3imilarly, section 6(b) of the act of August ?4, 1912, as amended, 5 U.S.C. 652(b), which was repealed by section 5 of Public Law 89-380, the applicable provisions of which are now embodied in 5 U.S.C. 5596, provided for reducing the back pay due by 'any amounts earned by him through other employment during such oeriod. In construing the earlier statute our decisions consistently have held that the earnings from other employment that are to be excluded from consideration in determining by what amount the back pay otherwise due should be reduced are those earnings which are attributible to out- side employment in which the emnloyee was engaged concurrently with his

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