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13 f 72-
THE COMPTROLLER GENERAL
DECISION OF THE UNITED STATES
WASHINGTON, DC. 20548
FILE: B-19397F DATE: June 9, 1980
MATTER OF:J Naioa
Demp y A. Anderson et al. -Alaska National
Guard technicians]
DIGEST:
Pay rates of Alaska National Guard
technicians were fixed at rates in
General Schedule upon the effective
date of Public Law 90-436, which
converted State technicians to
Federal employee status. Technicians
claim that their pay was improperly set
because their cost-of-living allowances
were not used in setting rates of basic
compensation in General Schedule. Setting
of technicians' rates in General Schedule
is controlled by Public Law No. 90-486
which excludes cost-of-living allowances
in determining rates. Also, allowances
were taxed by Federal Government because
they were not excludable from gross income
under 26 U.S.C. § 912.
The National Guard Bureau requests our decision on
the proper 6omputation of the 'tes uo basic pay of
National Guard technicians in Alaska whose positions
were converted to the General Schedule pursuant to
Public Law No. 90-486, August 13, 1968, 32 U.S.C. § 709
note (1976).
Mr. Wayne A. Robertson, Chief, Office of Technician
Personnel, National Guard Bureau, by letter of November 3,
1978, forwarded the claims of Dempsey A. Anderson and
other Alaska National Guard technicians who allege
that their pay rates were improperly set pursuant
to Public Law No. 90-486 (hereinafter referred to as
the Act). That Act converted the various State
National Guard technicians to a Federal employee status.
Mr. Robertson states that even though the technicians
were State employees prior to the effective date of
the Act, their pay was set by the Secretary of the
Army at Federal salary rates pursuant to .32 U.S.C.
S 709 (1964) and was adjusted by the Secretary from
time to time. In this connection the pay of technicians
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