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B-107243 1 (1975-09-16)

handle is hein.gao/gaobadcot0001 and id is 1 raw text is: DECISION FILE: B-107243 THE COMPTRCis.LER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 .45 DATE: SEP 16 1975 MATTER OF: DIGEST: I Pegasus, the Flying Country Club - Retroactive Charges for Reimbursable Inspection Services Rendered by U.S. Customs Service 1. In 1972 and 1973 flying club arranged aircraft flights and paid for required overtime services of Customs Service inspectional employees pursuant to 19 U.S.C. f 267. In 1974 Customs Service billed the club for additional overtime salary payments resulting from retroactive pay increases from October 1, 1972, to January 6, 1973. Parties in interest are not liable for the charges stemming from a retroactive pay increase since generally accounts billed and paid for at prevailing rates may not be subsequently reopened and statute does not explicitly require retroactive salary increases to be paid for by parties in interest. 31 Comp. Gen. 417 (1952) and B-107243, November 3, 1958, shall no longer be followed. 2. Comptroller General decision stating that parties in interest who use overtime services of Customs Service inspectional employees are not required to pay for employees' retroactive salary increase reflects a change in construction of the law. Therefore, the decision is not retroactive, but is effective from the date of its issuance. In the circumstances present in this case, our Office would offer no objection to collection action being terminated under 4 C.F.R. 5 104.3. This is an advance decision to the Secretary of the Treasury concerning the propriety of retroactive charges for reimbursable services rendered by the U.S. Customs Service to Pegasus, the Flying Country Club, St. Louis, Missouri, resulting from a retroactive pay increase for Federal employees. The record shows that Pegasus, the Flying Country Club, is a club which organizes aircraft flights on behalf of its members. During the period October 11, 1972, to January 2, 1973, incident to the performance of some of these flights, Pegasus was required to use the inspectional services of the Customs Service. Under 19 U.S.C. § 267 (1970), parties in interest using such services are required to reimburse the Customs Service for overtime compen- C sation paid to employees of the Customs Service in connection with PUBLISHED DECIZO1f 55 Comp. Gen ....... -7 l3

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