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B-197645 1 (1980-07-07)

handle is hein.gao/gaobadijw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL D E CI SI 0 l imy OF THE UNITED STATES W \AS H IN GT 0N 0 C 20 548 f re &z. 2 i FILE: B-197645 DATE: July 7, 1980 MATTER OF: Hourly. overtime versus..premium ay for administratively uncontrollable overtime DIGEST: Administratively uncontrollable overtime (AUO) annual premium pay may not be paid to criminal investigators solely because they are approaching retirement while other investigators performing identical work receive hourly overtime pay. When agency management is unable to control duty hours and there are substanital amounts of irregular or occasional overtime which the employee, without supervision, generally determines is necessary, AUO premium pay under 5 U.S.C. § 5545(c)(2) is proper. Hourly overtime under 5 U.S.C. § 5542(a) is proper when management can control and verify necessary overtime hours. Employing agency 1mst dec-ie whic-h c-riteria~ apply and pay all criminal investigators accordingly. The issue is whether the Bureau of Land Management (BLM), A Department of the Interior, may pay most of its criminal investiga- tors at an hourly rate for each hour of administratively uncontrolla- ble overtime (AUO) worked but pay those investigators nearing retirement AUO annual premium pay. Mr. Edward L. Hastey, Associate Director, the BLM,states that since 1977 the BLM has been paying all of its criminal investigators annual premium pay for AUO as authorized by 5 U.S.C. § 5545(c)(2) and chapter 550, Sl-7 and 8, of the Federal Personnel Manual Supplement 990-2. Presently, the BLM has 14 criminal investigators who average 3 or more hours of overtime per week and who are eligible for AUO annual premium pay. However, all but three investigators who are approaching retirement prefer the immediate benefit of hourly over- time pay and consider mandatory AUO annual premium pay to be finan- cially detrimental to them. The three who are about to retire would like to continue their AUO annual premium pay, which evidently will increase the average of their highest 3 years of basic pay to provide higher retirement annuities in accordance with 5 U.S.C. §§ 8331(3)(D), 8331(4), and 8339(a). Mr. Hastey observes that the FPM does not prohibit paying AUO annual premium pay and overtime compensation at an hourly rate to separate groups of employees performing identical work. However, he f:21 M 0 - 4 I-- ' Prelrlll

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