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B-219496 1 (1986-01-22)

handle is hein.gao/gaobadmdo0001 and id is 1 raw text is: THE COMPTROLLSR GUNEPAL OUCISION T OP THE UNITWO STATES WASHINGTON, D. C. Q0548 FILE: B-219496 DATE: January 22, 1986 MATTER OF: Texas State Court Juror Fees DIGEST: 1. A statute of the State of Texas in effect between August 1979 and April 1985 authorized a per diem for the pay of jurors. As the original construction of that statute, the Comptroller General's holding in July 1984 that jury fees payable under the statute constituted compensation for services rather than reimbursement of expenses is applicable retroac- tively to the date the statute first went into effect. The failure of Veterans Administration employees between 1979 and 1985 to account for such fees under 5 U.S.C. 5 5515 resulted in an overpayment of compen- sation. Their indebtedness, however, may be considered for waiver under 5 U.S.C. S 5584. 2. In April 1985 the laws of the State of Texas were amended to provide for a daily allowance ranging from $6 to $30 as reimbursement for travel and other expenses of jurors. Since the express intent of this statute is merely to reimburse jurors for their out-of-pocket expenses, and the amounts authorized do not appear unreasonable or excessive for that purpose, amounts paid under this amended statute need not be regarded as compensation for jury service and Federal employees have no duty to account for them. The issues presented in this matter concern employees of the Veterans Administration who have received fees for performing jury service with the courts of the State of

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