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B-193584 1 (1984-05-01)

handle is hein.gao/gaobadlqz0001 and id is 1 raw text is: TH COMPTROLLER GENERAL omcISION op THE UNITEO ETATE WASHINGTON. D.C. 2O548 FILE: B-193584 DATE: May 1, 1984 MATTER OF: Land Commissioners DIGEST: Land commissioners appointed by the Federal District Courts pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure and paid at daily rates not to exceed the highest rate payable under the General Schedule are not limited in the amount they may be paid on a biweekly basis. They are, however, subject to the maximum annual limitation which prohibits payment of compensation in excess of that allowable in level V of the Executive Schedule. This decision concerns the maximum amounts of compen- sation which may be paid to land commissioners appointed by the Federal District Courts pursuant to Rule 71A(h) of the Federal Rules of Civil Procedure in land condemnation cases.1 Specifically, the issues presented are (1) whether a land commissioner is limited to the maximum biweekly rate of pay available under the General Schedule, 5 U.S.C. S 5332, determined by the application of the computational principles of 5 U.S.C. S 5504(b); and (2) whether the aggre- gate annual pay of a land commissioner is limited to the maximum annual rate available under the General Schedule. We conclude that land commissioners are not limited to the maximum biweekly rates of pay available under the General Schedule, but they are subject to the maximum limitation based upon the pay payable in level V of the Executive Schedule, under 5 U.S.C. S 5316, which is also the highest rate payable under the General Schedule. Land commissioners are paid on an hourly or per diem basis only for time they work. They are not regular full- time employees. Effective October 1, 1977, administrative responsibility for compensating the land commissioners was 1This matter was presented for an advance decision by letter dated September 27, 1983, from the Director of the Administrative Office of the United States Courts.

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