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B-191860 1 (1979-01-10)

handle is hein.gao/gaobadgup0001 and id is 1 raw text is: DECISION FILE: B-191860 MATTER DIGEST: THE COMPTROLLER GENERAL . . OF THE UNITED STATES VA SH IN GTON, O .C. 20548 ~VN T.s DATE: January 10, 1979 OF: anadian nationals employed by the Defense Logistics Agency - etroactive pay -o( Canadian nationals employed in Canada by the Defense Logistics Agency (DLA) are paid sala- ries and other benefits comparable to those paid Canadian Government employees. Canadian Government employees are paid retroactive pay due to.,lapse of 4 to 6 months between the date existing negotiated rates expire and the date new rates are negotiated. DLA may pay its Canadian national employees the retroactive pay provided it is consistent with the public inter- est and the agency pay practice is coordinated with other agencies of the United States in Canada. This action is in response tod letter dated April 26, 1978, from the Defense Logistics Agency (DLA) requesting our decision as to the entitlement to retroactive pay of Canadian nationals formerly employed by DLA in Canada after they are separated by retirement, resignation or reduction in force in the situation set forth below. The DLA employs Canadian nationals in Canada pursuant to 5 C.F.R. 8.3, who are paid salaries and other benefits comparable to those paid Canadian Government employees. Canadian Government employees are paid salary rates which are negotiated between the -eCanadian Treasury Board and the Public Service Alliance of Canada. Generally there is a time lag between the expiration of the old contract and the date of the acceptance of the new contract of from 4 to 6 months. As a result, provision has been made for the pay increases to be retroactive. Pursuant to-the applicable Canadian regulations, Privy Council (P.C.) 1694-1417, Retroactive Remuneration Regulations, paragraph 3(a)(ii) (Sept. 10, 1964), retroactive increases are applicable to a person who ceased to be an employee during the retroactive period because of (A) lay-off (B) 'retirement, or (C) death. With respect to employees of the United States Government generally there is no entitlement to retroactive pay absent a provision in an employment contract or express statutory .-&Q-,4 14-- p Ce1' 6~P~

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