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B-189717 1 (1977-11-30)

handle is hein.gao/gaobadfix0001 and id is 1 raw text is: II COf THE COMPTROLL.ER OENERAL DECISIClN .'t. OF THe UNITen ETATES WEVA HINGTON D.C. R05413 -:t FILE: 8-189717 DATE: November 30, 1977 MATTER OF: William Fettijohn - Holiday Premium Pay DIGEST: Employee receiving annual )remium pay under 5 U.S.C. § 5545(c)(1) at a rate determined in accordance with 5 C.F.R. § 550.144(a) who per- formed work on seven holidays falling within his regularly scheduled tour of duty is not entitled to holiday premium pay for such work. 56 Comp. Gen. 551 (1977). By letter dated January 9, 1976, Todd .d.Summers, an accounting and finance officer for the Defense Supply Agency, requests an advance decision concerning the holiday pay entitlement of Mr. William Pettijohn. Mr. Petrijohn has submitted a claim for holiday premium pay for work performed on seven holidays within the period from February to November of 1975. The claimant is fire Chief at the Defense Depot, Tracy, California, and ii; paid 15 percent annual premium pay t'nder the authority of 5 U.S.C. § 5545(c)(1) based upon his schedule of work requiring him to perform two 24-hour shifts per pay period. For work performed on the seven holidays falling within his regularly scheduled tour of duty, Mr. Pettijohn has received no compensation in addition to his annual premium pay of 15 percent. He now claims holiday premium pay for such holiday work based on the rationale of 54 Comp. Gen. 662 (1975). Since that decision ad-- dresses the questiot of charging anpual leave for holidays to employees receiving premium compensation under 5 U.S.C. 5 5545(c)(1) and does not specifizally deal with the question of payment of holiday premium pay tor work on holidays falling within the regu- larly scheduled tours of duty of such employees, the certifying officer questions the propriety of paying Mr. Pettijobn the $224.86 amount claimrd. The decision on which Mr. Pettijohn relies, 54 Comp. Gen. 662, supra, was overruled by 56 Comp. Gen. 551 (1977). The latter de- cision zecognize3 that where the rate of premium pay is determined in accordance with 5 C.F.R. § 550.144(a) and without approval of a special rate by the Civil Service Ctmmission based on L, tour of duty excluding holiday work under 5 C.F.R. 5 550.144(b), tha rate I

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