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B-120604 1 (1976-08-30)

handle is hein.gao/gaobaddkc0001 and id is 1 raw text is: THE COMPTROLLER GENUVRAL I S 1 N fJ . 0 OF THE UNITED STATE VVWASHINGTON, D.C. 20548 FILE: [DATE: AUG 0 1976 B-120604 MATTER OF: Library of Congress - Pay computation DIGEST: 1. Deputy Librarian of Con.ress and Director of Congressional Research Service, whose compensation was computed and paid on biweekly pay period basis, :-:received 27 payments in calendar year 1973. Although they were paid total in excess of their annual salary rates, they were properly paid since their compensation was correctly computed and paid under 5 U.S.C. 5504 and an employee may receive 27 co,;- pensation payments in calendar year under that statute. 2. Copensation of Librarian of Conyress was computed and paid on biweekly basis under 5 U.S.C. 5504. Payment in excess of Librarian's annual pay rate in 1973 was overpayment since Librarian is head of agency and his compensation must be computed on monthly basis as provided under 5 U.S.C. 5505. However, overpayment is waived under provisions of 5 U.S.C. 5584. This decision is issued in response to a letter dated May 25, 1976, from Mr. Donald C. Curran, the Assistant Librarian of Conzress, concerninS the computation of pay for certain Library of Coner:;ss personnel in the calendar year 1973. Mr. Curran specifically asks whether the Librarian of Congress, the Deputy Librarian of Con:'ress, and the Director of the Conressional Research Service (CRS) were overpaid that year because there was an extra pay period. If so, Mr,. Curran requests that the overpayments to those individuals be waived under 5 U.S.C. 55e4. - The Library of Congress normally pays its employees for 26 biweekly pay periods in a cal Ardar year. However, due to the fact that a calendar year consists of 52 weeks and 1 or 2 days employees are paid 27 times in certain years. Hence, in calendar year 1973, employees received 27 salary payments, the total of which was, therefore, higher than their reg'ular annual rate of pay. The statutory provisions setting the per annum rates for the Librarian, the Deputy Libro'pian, and the Director of the CRS for 1973 road as follows:

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