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B-195783 1 (1980-10-02)

handle is hein.gao/gaobadipf0001 and id is 1 raw text is: 


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                        THE  COMPTROLLER GENERAL
DECISION    '    OF THE UNITED STATES
                  :     WASHINGTON, D, C. 20548


FILE: B-195

MATTER  OF


DIGEST:


783


DATE:  October 2, 1980


:  Aubrey P. Wilkerson -pual  Pay From More
   Than One Positiod

Employee was employed by Doorkeeper of
House of Representatives from February 1,
1955, to April 1, 1973, when he transferred
to Office of the Architect of the Capitol
and worked on the night shift until sep-
arated January 12, 1979.  Concurrently from
February 12, 1973, he was also employed by
District of Columbia Public Schools. Latter
employment violated 5 U.S.C. § 5533(c)(1)
which prohibits pay from more than one posi-
tion when aggregate gross pay of positions
exceeds $7,724.  Pay which employee received
from District of Columbia Public Schools for
period of dual employment was erroneous pay-
ment for which he is indebted to District of
Columbia government.


     This decision is rendered in response to a request
by George M. White, the Architect of the Capitol, for a
decision as to whether Aubrey P. Wilkersbn is indebted
to the United States for having received pay from more
than one position in violation of section 5533(c)(1) of
title 5, United States Code. This section prohibits
the use of appropriated funds to pay an individual for
more than one position if the pay of one of the posi-
tions is paid by the Clerk of the House of Representa-
tives or if one of the positions is under the Office '
of the Architect of the Capitol and the aggregate gross
pay (annual rate of pay) from the positions exceeds
$7,724.  This law applies to positions in the legisla-
tive, executive, or judicial branch of the Government of
the United States or in the government of the District
Columbia.  5 U.S.C. § 5531(2).

     Mr. Wilkerson was employed as a custodian by the
Doorkeeper of the House of Representatives from
February 1, 1955, until April 1, 1973. He was then
transferred YE the Office of the Ar'chitect of the
Capitol where he was employed as a full-time laborer

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