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B-225960 1 (1987-12-28)

handle is hein.gao/gaobadmyi0001 and id is 1 raw text is: 3 Q The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Hansen's Disease Center - Retroactive Payment of Overtime Pay File: B-225960 Date: December 25, 1987 DIGEST Employees' claim for retroactive overtime pay at the Gillis W. Long Hansen's Disease Center may be granted since such action is consistent with an act of Congress expressing approval of the overtime pay. DECISION The issue in this case is whether the Department of Health and Human Services may pay retroactive overtime pay to a group of employees at the Gillis W. Long Hansen's Disease Center. For the reasons stated hereafter, we conclude that the agency may make the retroactive payments. BACK GROUND Prior to April 7, 1986, the Public Health Service Act authorized additional pay of up to 50 percent of regular pay for civilian employees of the Public Health Service (PHS) assigned to duty involving intimate contact with persons afflicted with leprosy. 42 U.S.C. S 210(e) (1982). Under that law, such pay was to be as provided by regulations of the President. This rulemaking authority was delegated to the Secretary of Health and Human Services by Executive Order 11140, section 1(f), January 30, 1964. The Secretary issued regulations implementing 42 U.S.C. S 210(e), under which, among other things, employees at the National Hansen's Disease Centeri/ earned special pay at a rate of 25 percent of their base compensation. See 42 C.F.R. S 22.1 (1985). On October 24, 1985, the Department of Health and Human Services published in the Federal Register a final I/ The Center is now called the Gillis W. Long Hansen's Disease Center.

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