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B-197476 1 (1980-08-26)

handle is hein.gao/gaobadini0001 and id is 1 raw text is: .4X THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197476 DATE:()August 26, 1980 Standby Premium Pay -Sick-Leave-Pending MATTER OF: Disability! Retirement -- Lump-sun Annual Leave Payment DIGEST: FAA employee is not entitled to premium pay for standby duty while on extended sick leave pend- ing disability retirement because there is no reasonable expectancy that he will perform standby service in the future. Moreover, since he is not entitled to such pay at date of sepa- ration and he would not have received it had he remained in the service, such pay may not be included in his lump-sum annual leave payment. The Assistant Secretary for Administration, Departmentf1aCO' of Transportation, has requested a decision as to whether a Federal Aviation Administration (FAA) employee on ex- tended sick leave.expected to terminate with disability retirement (possibly for 8 months) is entitled to premium pay for regularly scheduled standby duty and whether such premium pay should be included in his lump-sum annual leave payment. Based upon the following discussion, this Office concludes that the employee's entitlement to pre- mium pay for standby duty on an annual basis terminates when he goes on sick leave under these circumstances and that such premium pay may not be included in his lump-sum annual leave payment. Under 5 U.S.C. § 5545(c)(1) the head of an agency, with the approval of the Office of Personnel Management (OPM), may provide that an employee in a position requiring him regularly to remain at, or within the con- fines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remain- ing in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Paragraph (2) of this subsection authorizes annual premium pay for administratively uncontrollable overtime. OPM's implementing regulations are contained in part 550 of title 5, Code of Federal Regulations. 7

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