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B-214131 1 (1984-11-30)

handle is hein.gao/gaobadmao0001 and id is 1 raw text is: THE COMPTROLLER GENERAL O OIION * OP THE UNITEO TATUE WASHINGTON, O.C. 20548 FILE: B-214131 DATE: November 30, 1984 MATTER OF: Elizabeth Smedley et al. -- Supplemental Payments to SES Rank Award Recipients DIGEST: Fiscal Year 1982 presidential rank awards were paid to members of the Department of Energy Senior Executive Service on November 22, 1982, although the checks were dated September 29, 1982. Under 5 U.S.C. S 5383(b), the aggregate amount of basic pay and awards paid to a senior executive during any fiscal year may not exceed the annual rate for Executive Schedule, Level I, at the end of that year. For purposes of establishing aggregate amounts paid during a fiscal year, an SES award generally is considered paid on the date of the Treasury check. In this case, however, since the agency can conclusively establish the actual date the employee first took possession of the check, the date of pos- session shall govern. 62 Comp. Gen. 675 distinguished. This decision responds to the request of the Acting Assistant Controller, Financial Systems and Accounting, Department of Energy (DOE), for a decision as to whether members of the Senior Executive Service (SES) of that agency who received two separate payments for their awarded presidential ranks for fiscal year 1982 may retain the total amount of their award payments in view of our decision Senior Executive Service, 62 Comp. Gen. 675 (1983).l/ For the reasons which follow, we conclude that both the original payments and the supplemental payments may be retained by the SES members. According to the Acting Assistant Controller, SES members Elizabeth Smedley, Percy Brewington, and Thomas Clark received initial rank award checks at the time of the Distinguished Executive Award ceremony held at the White House on November 22, 1982. However, these checks 1/ B-212756, September 27, 1983.

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