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B-201968 1 (1981-11-24)

handle is hein.gao/gaobadjwt0001 and id is 1 raw text is: 7,4; 67 DECISION FILE; THE COMPTROLLER MENERAL OF THE UNITED IITATES WASHINGTON, 0,0.. *054 B-201.968 MATTER OF: Lump-sum leave pa prevailing rate e )ATIF INov; mb r 24, 1981 yment mployees D!3EBT: Lunip-sum annual leave payments made to prevailing rate enployees may be adjusted to reflect the increase in new rates of pay commencing after the effective date of Public Law 96-369, only if tho employee performed service after the effective date of the act as required by subsection 114(c) of the act, The questions to be resolved involve what rate of pay uihould<be used for lump-sum leAve payments to prevailing rate employeets who separated from Govv'nment service at about the time Public Law 96-369, October 1', 1980,94 Stat, 1356, was approver4 Should the increase in pay authorized by that law bt applicable to those employees separating after the approval date of that law; or, only to those separating on or after the effective date of Executive Order No. 12248, October 16, 1980; or, does the increase apply to all separated employees whose extended leave would have carried past either the date of the law or the Executive order? Prevailing rate-employees separated Public Law 96-369 was enacted, October 1 to the increased rate of pay. Employees before that date are not entitled to the after the date , 1980, are entitled who separated on or increase. These Colonel G. Army. questions Lipka, FC, vere presented Office of the by Lieutenant Comptroller of The questions arise as a result of provisions in recent appropriation acts which limit the amount of wage increases for prevailing rate employees authorized by 5 U.S.C. 5341 et ~eq. The payof prevailing rate employees is adjusted -r-F -.. ( ..t - - - . - front-G-- - ne-as y arlfK1%6Thttd-tt ' t-th pubr..ic. interest in accordance with prevailing rates, These rates are established by wage surveys and subsequently implemented by an order granting the increase. Since 5 U.S.C. 5344 requires that increases pursuant to these surveys be granted within a period of time after the survey is ordered, a retrom active entitlement is often effected because the implementing urder granting the increase is issued later, This provision requires that employees must be in the service of the United States, including the Armed Forces, or the Govern..ent of the the

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