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B-194431 1 (1979-06-08)

handle is hein.gao/gaobadhhk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, O.C . 20548 FILE: B-194431 DATE: June 8, 1979 MATTER OF: Myron D. Starr - De Facto employee T: 4~'rt ,or .4-1?' DIGEST: An individual age 15 was appointed to a position /fre c before attaining the minimum age requirement of 16, and performed the duties of the position for 139 hours before the error was discovered and his employment terminated. The individual was a de facto employee, and ma e com ensated for tHe s~ ervceaa- ta-ly-rd fe~ The issue presented in this case on a request for an advance decision from the Department of Housing and Urban Development (HUD) p)&whether an individual may be com ensated for a period of work performed prior to is meeting the a e requirements for appointment pursuant to Federal regulations. e answer is in the affirmative. Mr. Myron D. Starr was employed as a student aide by the Detroit Area Office of HUD on a referral from the Michigan Employ- ment Security Commission and presentation of a student working permit. The Michigan law authorizes employment of persons 14 years of age and older. During the period of employment, December 18, 1978, through February 7, 1979, Mr. Starr was 15 years old. Mr. Starr was appointed to the-Federal position in a special youth program named the Stay-in-School Campaign, Federal Personnel Manual (FPM) chap- ter 213, Appendix F (July 1, 1-974). Paragraph 213-F-2a of the FPM provides that a person may not be appointed in this program unless he has reached his 16th birthday. Mr. Starr filled an existing position and performed the duties of that position for 139 hours before the error in appointment was discovered and his employment terminated. There is no indication of any fault by Mr. Starr or any attempt by him to conceal his age either before or after his appointment. We have long held that a de facto employee may retain compensation that has been paid to him. 38 Comp. Gen. 175 (1958). More recently, we have authorized payment of compensation to a de facto employee after it was ascertained that the employee's status ,/as that of a de facto employee. 52 Comp. Gen. 700 (1973) and 55 d. 109 (1975). In both of these cases, individuals per- formed services in good faith, under color of authority, but without a valid appointment. In each case, at the time of termination, the

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