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B-221651 1 (1986-05-27)

handle is hein.gao/gaobadmif0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-221651 DATE: May 27, 1986 MATTER OF: Health and Human Services Employees - Change in Pay Computation Factor DIGEST: Statutory authority to use 2,087 divisor instead of 2,080 divisor for Federal employee pay computation expired September 30, 1985, but several Federal agencies did not convert their payroll systems in anticipation that the 2,087 divisor would be reinstituted. Employees of those agencies whose pay was computed based on 2,087 divisor since October 1, 1985, are entitled to backpay for the applicable pay periods from October 1, 1985, to March 1, 1986, when the 2,087 divisor was reimposed by statute. ISSUE The issue in this decision involves the failure of the Department of Health and Human Services (HHS) and other agencies to convert their payroll systems to the 2,080 pay computation divisor after the authority to use a 2,087 divisor expired on October 1, 1985. We hold that the employees of HHS and other agencies are entitled to have their pay computed on the basis of the 2,080 divisor from October 1, 1985, until March 1, 1986, when the 2,087 divisor was reimposed by statute. These employees are, therefore, entitled to backpay for this period under authority of the Back Pay Act, 5 U.S.C. S 5596 (1982). BACKGROUND This decision is in response to a request from the American Federation of Government Employees, SSA General Committee, concerning the continued use by HHS of the 2,087 pay computation divisor after October 1, 1985, when the statutory authority for such use expired. The union argues such action is without statutory authority. We have subse- quently learned that several other Federal agencies failed to convert to the 2,080 divisor after October 1, 1985. o~~a

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