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B-162578 1 (1975-06-19)

handle is hein.gao/gaobadchp0001 and id is 1 raw text is: DECISIDI\ * / r/ - FILE: 8-162578 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20546 DATE: JUN 19 1975 A. Ernest Fitzgerald - Backpay entitlement upon reinstatement after unjustified separation action Deparbment of the Air Force Where there is no substantial increase in volume of nonofficial part-time teaching, lecturing and writing of former employee during the interim period between separation and restoration from an adverse action, interim earnings from such activity need not be deducted from backpay under 5 U.S.C. £ 5596. The Department of the Air Force requests further advice as to the computation of the deduction from backpay due Mr. A. Ernest Fitzgerald as set forth in 53 Comp. Gen. 824 (1974) and 54 Comp. Gen. 288 (1974). As pointed out in the decision of October 18, 1974, the decision of May 6, 1974, involved the entitlement of Mr. Fitzgerald to backpay under 5 U.S.C. 8 5596 (1970) incident to his reinstatement in his former position on the basis of a timely appeal resulting in a find- ing by appropriate authority that he had undergone on unjustified or unwarranted personnel action resulting in the withdrawal of his pay. Questions concerning Mr. Fitzgerald's backpay have been settled with the exception of $38,250.23 which he reported as having been earned from lecturing and writing during the period of separation. The digest of the decision of May 6, 1974, in pertinent part stated that where income was generated from part-time teaching, lecturing, and writing activities prior to an unjustified separation action only the added increment from such activities during the interim period between separation and reinstatement need be deducted from backpay. The deter- mination as to the amount of such added increment may be based upon a comparison of the amount of outside work performed on an hourly basis or frequency of occurrence, or upon income received prior to separation with that of the interim period. The decision in pertinent part continued as follovas Since Mr. Fitzgerald engaged in lecturing and writing prior to his separation as well as thereafter during the interim prior to his restoration, the amount received for lecturing during the period of his separation need not be deducted from his backpay `7/ 7 7

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