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B-196328 1 (1980-04-22)

handle is hein.gao/gaobadiep0001 and id is 1 raw text is: THE CGMPTROLLER GENERAL / OF THE UNITED BTATES /4:WASHINGTON. D. C. 20548 FILE: B-196328 DATE: April 22, 1980 MATTER OF: Charles L. Jones -(Administratively Uncontrollable Overtim1. DIGEST: U.S. Deputy Marshal, who received premium pay for administratively uncontrollable overtime (AUG) on an annual basis under 5 U.S.C. § 5545(c)(2), is not enti- tled to additional pay at the time and one-half rate for AUO. Premium pay for AUO is current pay for the pay periods when it was received, although the rate was based on AUG performed in a prior computation period. Also, premium pay for AUO is in lieu of all other forms of compensation for irregular or occasional overtime. The issue is whether Charles L. Jones, U.S. Deputy Marshal, is entitled to pay at the time and one-half overtime rate for administra- tively uncontrollable overtime (AUG) for the final three pay periods before the U.S. Marshal's Service discontinued the authorization of premium pay for AUO on an annual basis pursuant to 5 U.S.C. § 5545(c)(2) (1976). Mr. Jones performed AUO during the three pay periods between September 10 and October 21, 1978, the date on which the U.S. Marshals Service terminated the authorization of premium pay for AUO. He received premium pay for AUO during these pay periods based upon pro- jected AUO hours performed during a computation period of 12 pay periods ending before September 10, 1978. A weekly average AUO compu- tation for a 5-day week was calculated by totaling all of Mr. Jones' hours of irregular or occasional overtime during the computation period. During the period between September 10 and October 21, 1978, Mr. Jones received premium pay equal to a percentage of his basic pay based on the weekly average AUO during the computation period. This method of payment for AUO was specified in Department of Justice Order (DOJ) 1551.4A, August 1, 1975, paragraphs 9 through 12. Mr. Jones believes that because of a three pay period lag between the end of the computation period and the eligibility period that AUO performed during the three pay periods in question remains unpaid. However, the Assistant Attorney General for Administration states that premium pay for AUO is current pay although the rate was determined on the basis of overtime worked during a prior period of time (the

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