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B-199253 1 (1981-03-25)

handle is hein.gao/gaobadjfy0001 and id is 1 raw text is: 



DECISION


THE CO M43AOQLER GENERAL
OF THE UNITED STATES
WASHINGTON. D.C. 20548


FILE:  B-199253         T   , _ATE: March 25, 1981
MATTER OF:    Mr. James E. Ki ng -Premium Pay on
              an Annual BasisJ


Claimant requests payment of premium pay on
an annual basis for administratively uncon-
trollable overtime duty from May 1, 1978,
the day he started in his current position,
to August 26, 1978, the last day of the
period he was certified as eligible to
receive the premium pay in his previous
position. Claim denied since eligibility
to receive premium pay ended when claimant
left his previous position to assume new
position, the duties of which did not qualify
for premium pay under 5 C.F.R. 550.151,
et. seq.


     Mr. James E. King has appealed a settlement of our
Claims Division (No. Z-2813803) which denied his claim
for premium pay on an annual basis for administratively
uncontrollable overtime duty. Mr. King has been
employed as an Immigration Officer of the Immigration
and Naturalization Service (INS) at Freeport, Bahamas,
since May 1, 1978. Prior to taking this position, he
was a Border Patrol Officer at Whitehall, New York.
While a Border Patrol Officer, he qualified for annual
premium pay based upon administratively uncontrollable
overtime for a period which ended on August 26, 1978.
Mr. King claims that as an Immigration Officer he is
entitled to that pay from May 1, 1978, to August 26,
1978.

     The Department of Justice has issued procedures
governing the payment of premium pay for administratively
uncontrollable overtime for its employees. Employees who
qualify for such pay are:

     in positions in which the hours of duty
     cannot be controlled administratively,
     and which require substantial amounts of
     irregular or occasional overtime duty * * *
     DOJ Order 1551.4A (1975).

In Appendix 1 of the Department of Justice Order 1551.4A
(1975) most of the positions for which an employee can
receive this premium pay are listed. One of them is




                            /Il 140


DIGEST:

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