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B-210916 1 (1983-05-20)

handle is hein.gao/gaobadlbw0001 and id is 1 raw text is: THE COMPTROLLE GENERAL DECISION . -. OF THE UNITED BTATEB WASHINGTON. D.C. 20546 FILE: B-210916 DATE: May 20,19w- MATTER OF: Federal Aviation Academy Instructors DIGEST: Section 145 of Public Law 97-377, Decem- ber 21, 1982, which amends 5 U.S.C. S 5546a(a) to provide that certain instructors at the Federal Aviation Academy are entitled to premium pay, is effective from the date of enactment and is not retroactive to August 3, 1981, as were the original provisions of 5 U.S.C. S 5546a(a) added by subsection 151(a) of Public Law 97-276. The general rule is that an amendatory statute is applied prospectively only unless a retroactive construction is required by express language or by necessary implication. Neither the express language or the legislative history support the view that the amendment made by section 145 is retroactively effective. This is in response to a request for an advance decision by the Director of Personnel and Training of the Federal Aviation Administration, Department of Transporta- tion, as to whether instructors at the Federal Aviation Academy in Oklahoma City, Oklahoma, are entitled to premium pay retroactive to August 3, 1981. The question arises in view of the premium pay provisions (5 U.S.C. § 5546a) added by section 151 of Public Law 97-276, October 2, 1982, 96 Stat. 1186, 1200, as amended by section 145 of Public Law 97-377, December 21, 1982, 96 Stat. 1830, 1917. As explained below, we find that the effective date of the instructors' entitlement to the premium pay involved is not earlier than December 21, 1982, the date of passage of the amendment which included Federal Aviation Academy instruc- tors under the coverage of the premium pay provision set forth at 5 U.S.C. § 5546a(a). The statutory language does not provide that the instructors' entitlement to premium pay under 5 U.S.C. §' 5546a(a) was to be retroactively effective nor does the legislative history clearly indicate that such entitlement was meant to be retroactive.

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