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![handle is hein.gao/gaobadnqb0001 and id is 1 raw text is:
The Comptroller General
of the United States
Washington, D.C. 20548
UDecision
Veterans Administration--Appropriation Chargeable
Matter of: for Back Pay Claims
File: B-233993
Date: October 27, 1989
DIGESTS
1. Agency should charge back pay claims awarded pursuant
to an administrative determination to the fiscal year
or years to which the award related.
2. Back pay claims awarded by judicial determination
resulting in a final judgment should be paid from the
judgment fund established by 31 U.S.C. § 1304.
3. Effective December 22, 1987, interest on back pay
claims applies to periods before and after that date
and is chargeable to the same appropriations and in
the same manner as is the back pay upon which the
interest is paid.
DECISION
By letter dated December 21, 1988, the Director, Finance
Service, Veterans Administration, asked for our decision
concerning the appropriation chargeable on back pay awards
made by an appropriate authority to an employee or former
employee who, while employed by the federal government, was
affected by an unjustified or unwarranted personnel action.
The Director is concerned that [t]he fact that the outcome
of an appeal can not be determined in advance negates
establishing an obligation [prior to final determination]
because there is no definite commitment for payment of
appropriated funds.
For the reasons given below, we conclude that administrative
back pay awards should be charged to, and paid from, the
agency appropriation covering the fiscal year or years to
which the award relates. Back pay claims awarded by the
judgment of a court or settlement are payable from the
judgment fund. Except for a limited exception, interest on
back pay awards is payable from the same appropriation as
the back pay award.
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