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B-200058 1 (1981-01-28)

handle is hein.gao/gaobadiux0001 and id is 1 raw text is: /Jc7 7 -9. rr~.s, -~ ~c~% THE COMPTROLLER GENERAL oDEiSioN . OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-200058 MATTER DIGEST: DATE: January 28, 1981 OF: Donald Bodine - ffect of Pay Ceiling on Title 5 Premium Pay Section 5547, title 5, U.S.C., limits aggregrate biweekly basic pay plus premium pay covered by that section to biweekly rate for maximum rate for GS-15. PATCO's contention that maximum rate for GS-15 is maximum scheduled rate ($57,912), rather than maximum payable rate ($50,112.50), must be rejected. Recent appropriation acts require that, in administering a provision of law such as section 5547 which imposes a limitation on the basis of a rate of basic pay, the rate of basic pay must be construed to be the rate payable. This action is in response to a request for a decision filed by Robert H. P. Finnegan, Special Assistant to Regional Vice President George W. Kerr, Professional Air Traffic Controllers Organization (PATCO), on behalf of Donald Bodine, an air traffic controller employed by the Federal Aviation Adminis- tration (FAA). Pursuant to 4 C.F.R. Part 21, as amended, 45 F.R. 55689-92 (August 21, 1980), FAA was served with a copy of PATCO's submission but has filed no written comments or response. 4 C.F.R. § 21.4. The issue here is what is the limit imposed by 5 U.S.C. § 5547 on aggregate biweekly pay. As used here aggregate pay means basic pay plus premium pay, and premium pay means overtime, night, standby, Sunday, and holiday pay authorized for General Schedule employ- ees by subchapter V, chapter 55, title 5, United States Code. 5 U.S.C. § 5547 provides: iii Jiq 4,, . 4 -C7-T- IS

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