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B-175124 1 (1976-06-02)

handle is hein.gao/gaobaddli0001 and id is 1 raw text is: -. I - D2ECISION FILE: q -LE T E-0~ B-175124 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20546 DATE: June 2, 1976 MATTER OF: Alaska National Guard technicians OIGEST:' Alaska National Guard technicians' positions were converted to Federal status in General Schedule, effective January 1, 1969, pursuant to Public Law No. 90-486, August 13, 1968. Under section 8(a)(4) of that Act, their rates of basic compensation should have been set without regard to the cost-of-living allowance authorized by 5 U. S. C. §5941. We have held that the cost-of-living allowance is not part of basic compensation for employees whose positions are converted from wage board to General Schedule. 2. Alaska National Guard technicians, whose rates of basic compensation were set under section 8(a)(4) of Public Law No. 90-486, August 13, 1968, should have cost-of-living allowance authorized by 5 U. S. C. 55941 computed on basis of the rate of pay fixed by statute for the position held, rather than on basis of saved salary. Regulations authorize an allowance for Alaska of a percent of rate of basic pay, which is defined by regulation as rate of pay fixed by statute for the position held by an individual. 3. National Guard technicians whose rates of basic compensation were set, effective January 1, 1969, under section 8(a)(4) of Public Law No. 90-486, August 13, 1968, are not precluded from receiving pay adjustments pursuant to 5 U. S. C. 55305. Im- plementing regulations contained at 5 C. F. R. §531.205(a)(3) (1976) are for application. Thus, future increases would be tied to the grade to which demoted. However, any classification actions which are taken after January 1, 1969, and are independent of Public Law 90-486, supra, are for consideration under 5 U. S. C. T337 and implementing regulations. This action is in response to a letter dated October 6, 1975, from Wayne A. Robertson, Chief, Office of Technician Personnel, National 2.

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