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B-236241 1 (1991-02-25)

handle is hein.gao/gaobadnvm0001 and id is 1 raw text is: Comptroller General of the United States I~'c Washington, D.C. 20548 Decision Matter of: Navajo and Hopi Indian Relocation Commissioners - Claim for Compensation and Benefits File: B-236241 Date: February 25, 1991 DIGEST Commissioners whose compensation was set by law at an amount equal to the daily rate paid a GS-18 under the General Schedule for each day or portion thereof during which they ar engaged in the actual performance of Commission duties are in effect per diem employees whose scheme of compensation is different from regular employees. Commissioners' service mus be considered as intermittent regardless of the number of hours worked and accordingly their only entitlement to compensation is their per diem payment for those days they were engaged in Commission business. As intermittent employees they are not entitled to annual and sick leave or health and life insurance benefits. DECISION BACKGROUND The Navajo and Hopi Indian Relocation Commission (NHIRC) has requested an advance decision concerning the appropriate compensation and benefits of its three former Commissioners. The Commission was created pursuant to Public Law 93-531 December 22, 1974, 88 Stat. 1712, and its function was the relocation of Navajo and Hopi families living on land partitioned to the other tribe. The Commission was recently abolished and succeeded by the Office of Navajo and Hopi Indian Relocation and the three Commissioners were replaced by a single Commissioner. Section 4(a) of Public Law 100-666 Nov. 16, 1988, 102 Stat. 3929.1/ The Commission states that to provide for an orderly transi- tion to a new office with a single Commissioner, the three 1/ The new Commissioner is a full time employee paid at the rate of grade GS-18 of the General Schedule. 25 U.S.C. § 640d-l (b) (3) (Supp. 1 1989).

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