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B-207176 1 (1983-01-06)

handle is hein.gao/gaobadkuu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITEO STATES WASHNGTON. 0.C. 20548 FILE: B-207 176 DATE: Jaruary 6, 1983 MATTER OF:Juan S. Griego DIGEST: (1) There is no authority to allow interest on backpay provided for in a Conciliation Agreement entered in the settlement of a law suit which alleged discriminatory conduct by Government officials. It is a well-settled rule of law that interest may be assessed against the Government only under express statutory authority; and neither the Equal Employment Opportunity Act, the incorporated provisions of title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seg., nor any other act provides express authorization of interest against the Government in this situation. (2) Under 5 U.S.C. 8334(d) payment of interest is required upon redeposit of contributions to the Civil Service Retirement Fund which were refunded to an employee. However, since the Office of Personnel Management has full authority to administer the Civil Service Retirement Act, any question regarding the conditions under which service may be credited for retirement purposes should be referred to that Office. The National Guard Bureau requested an advance decision regarding the implementation of a Conciliation Agreement entered into in August 1981 settling a lawsuit filed by Mr. Juan S. Griego in the United States District Court for the District of New Mexico, Civil Action No. 77-316 M, filed June 2, 1977. In that suit Mr. Griego alleged certain discriminatory conduct by the New Mexico National Guard in violation of title VII of the Civil Rights Act-of 1964, as amended, 42 U.S.C. 2000e et seq., and Executive Order No. 11478. The Conciliation Agreement awards backpay to Mr. Griego as a National Guard technician for a period of separation. It also provides that it is understood that Mr. Griego believes himself entitled to interest I 003~

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