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B-221749 1 (1986-07-28)

handle is hein.gao/gaobadmkd0001 and id is 1 raw text is: 0 ,%Aft ad SClIUON op TMIM UNITEP SeAb'E WASHINGTON, 0.C. 20548 FILE: B-221749 DATE: July 28, 1986 MATTER OF: Ronald V. Bell, et al. - Retroactive Pay for Hazardous Duty DIGEST: General Schedule employees were performing duties which were subsequently determined to be compensable under the hazardous duty differential provided for in 5 U.S.C. S 5545(d) (1982), and filed claims with the employing agency for retroactive payment of the differential. Agency requested an advance decision as to the propriety of making retroactive payment of the hazardous duty differential. Held, where General Schedule employees engage in a duty which is subsequently determined by the employing agency as a hazardous duty, and there is an adequate record of the days and hours during which the duty was performed, payment therefor may be granted retroactively. The issue in this decision is whether General Schedule employees may receive hazard pay differential retroactively for the period of time preceding the agency determination of their entitlement thereto. For the reasons stated below, we hold that the employees in question are entitled to retroactive hazard pay differential for the period in question. BACKGROUND In June 1985, the Defense Logistics Agency (DLA) concluded a study whereby it was determined that Quality Assurance Representatives of that agency were entitled to pay differential under 5 C.F.R. Part 550, Appendix A, for duties involving exposure to hazardous weather or terrain, specifically moving from one ship to another at sea by means of a Jacob's ladder under adverse weather conditions, at night, or when the seas are high. The DLA field organizations were informed of the study's conclusions and were directed to institute a practicable method for

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