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B-229089 1 (1988-12-28)

handle is hein.gao/gaobadnir0001 and id is 1 raw text is: Tle Comptroller General of the United States Wm %am D.C. 2064 Decision Robert E. Brown - Limitation on Title 5 Overtime Mafterof: Reimbursement By Foreign Government File: B-229089 Date: December 28, 1988 DIGEST Employee on 60-day temporary duty assignment in Saudi Arabia who worked 276 hours of overtime may only be paid for 216 of those hours in view of 5 U.S.C. S 5547 which limits basic pay plus premium pay for any pay period to the maximum rate for GS-15. Limitation in section 5547 is mandatory and applies regardless of fact that Saudi Arabian Government reimbursed the United States Government for the full cost of the accelerated construction program on which the employee worked the overtime hours. DECISION This decision is in response to a request by G. E. Durham, Finance and Accounting Officer, Mobile District, Corps of Engineers, Department of the Army, for an opinion as to whether 5 U.S.C. S 5547 prohibits the full payment of all overtime worked by Mr. Robert E. Brown during a 60-day temporary duty assignment in Saudi Arabia beginning Sep- tember 1981. Mr. Brown was required to work 276 hours of overtime during this 60-day period due to an accelerated construction program for the nation of Saudi Arabia which reimbursed the United States for the total cost. Because the Department of the Army believes that 5 U.S.C. S 5547 is applicable, Mr. Brown was only reimbursed for 216 of his overtime hours worked. The issue raised here is whether the limit imposed by 5 U.S.C. S 5547 on aggregate biweekly pay applies to a federal employee required to work overtime on a construc- tion program for the benefit of another country and for which the United States is fully reimbursed by the other country. Section 5547 of title 5, United States Code, in effect at the time, provided: v z </ %1 3?7 Lyon

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