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B-203770 1 (1982-02-08)

handle is hein.gao/gaobadkba0001 and id is 1 raw text is: ,r MHISCDMPTRCLLMR OERAL LECIBION r-, N* OF THE UNITED STATA8 WABHINGTON, 0,o0, 20548 FILE: B-203770 DATE: February 8, 1982 MATTR5F OF: General Services Administration - Contributions for CETA Employee DIGEST: General Services Administration does not have authority to pay retirement contributions to state retirement system for Comprehensive Employment and Training Act (CETA) employee assigned to it by the Metropolitan Co4munity Colleges District, Kansas City, Missouri, a CmIrA subgrantee, This responds to a request from the General services Administration (GSA) about whether it has authority to pay an invoice of $93.73 for retirement contributions made by the Metropolitan Com- munity Colleges District for one of the District's Comprehensive Ea- ployment and Training Act (CETA) employees assigned to GSA, For the reasons given below, we find that GSA does not have authority to pay the invoice. The Metropolitan Community Colleges District (the District), of Kansas City, Missouri, as a program agent for CETA, provided employ- ment for CETA participants with the District and, upon request, by assignment to outside agencies such as GSA, See Comprchensive Employ- ment and Training Act Amendments of 1978, 29 U,S,C, S5 3801 et seq, (Supp, III, 1979). CETA regulations specifically provide that assigned employees, such as the one assigned by the District to GSA, are con- sidered employees of the employing agency, 20 CF.R. SS 675.4 and 676.25-3(c)(5) (1981), and not the agency to which they are assigned. Begirlng In 1980, the District agreed to participate in the Missouri Non-Teacher Retirement System, Accordingly, it made contri- butions to that System for staff employees at the rate of 3 percent of salary. In compliance with a Missouri Attorney General opinion that required employers participating In the Retirement System to make retirement contributions for full-time CETA employees, the District decided it would pay the retirement costs for its CETA employees, in- cluding the one who was assigned to GSA, but that it would request GSA to reimburve it for the retirement contributions for the employee assigned to GSA, In a legal opinion, the GSA Office of Regional Counsel concluded that reimbursement of the retirement contributions by GSA was ques- tionable since GSA did not have authority to pay retirement costs. Accordingly, GSA submitted the matter to our Office for resolution. Subsequently, in response to our request for its comments, the Depart- ment of Labor informed us that since CETA did not preclude payment by

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