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B-202026 1 (1981-08-18)

handle is hein.gao/gaobadjqu0001 and id is 1 raw text is: OECISION FILE: B-202026 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: August 18, 1981 MATTER OF: Henry J. Bender DIGEST: An employee whose oasic rate of pay exceeded the maximum for a GS-10 was credited with compensatory time for occasional overtime work while on temporary duty. The employee volun- tarily retired without using compensa- tory time and seeks payment for the overtime work. Since agency regula- tions require that an employee earning at a rate in excess of that for GS-10 receive only compensatory time for occasional overtime and that upon voluntary retirement any unused compensatory time be forfeited, no basis exists to pay the employee. Mr. W. Smallets, Finance and Accounting Officer of the National Security Agency, requests an advance decision on whether a retired employee's unused compensatory time may be retroactively converted to paid overtime. Since the employee's overtime work was occasional and his status was such that he was only entitled to compensatory time for overtime work, the conversion of the compensatory time to paid overtime may not be allowed. From May 25, 1980, to July 19, 1980, the employee, Henry J. Bender, whose position was exempt from the provi- sions of the Fair Labor Standards Act, was on temporary duty and worked overtime on various days. He was credited with compensatory time as opposed to being paid overtime because of an agency regulation precluding one in his pay status from receiving other than compensatory time for irregular or occasional overtime. On August 28, 1980, Mr. Bender retired without having used 58.5 hours of compensatory time which he then had to his credit although he had been advised by an appropriate offi- cial to use the compensatory time prior to retirement because he would not be compensated for it. After Mr. Bender's retirement and at his urging, his former supervisor retro- actively approved changing his time records to show the 58.5 hours as payable overtime rather than compensatory .e-,7773 -/-j A'j.

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