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B-237963 1 (1990-06-28)

handle is hein.gao/gaobadntm0001 and id is 1 raw text is: zComptroller General of the United States Washgton, D.C. 20548 Decision Matter of: Nuclear Regulatory Commission--Rescheduling Commissioners' Pay Days File: B-237963 Date: June 28, 1990 DIGEST The Nuclear Regulatory Commission may administratively reschedule its Commissioners' pay days that occur on holidays and weekends to the preceding working day. However, the prohibition against advance payments, 31 U.S.C. § 3324 (1982), prohibits the advance payment of salary to federal employees. Therefore, the amount paid on such a rescheduled pay day may not include an advance payment of salary. DECISION An official of the Nuclear Regulatory Commission (NRC) asks whether the NRC may reschedule its Commissioners' pay days that occur on holidays or weekends to the preceding work day. We do not object to such an arrangement as long as it does not result in an advance payment of salary. BACKGROUND Under its current pay schedule, the NRC pays its Commissioners on the fifteenth and the last day of each month. Strict adherence to that schedule causes some pay days to occur on holidays and weekends. When a pay day occurs on such a nonworking day, the Commissioners cannot cash their checks or receive credit for Thrift Savings Plan contributions until the following workday (which could cause a significant loss of earnings on those contributions). Therefore, officials at the NRC propose to reschedule such pay days to the day before the holiday or weekend. DISCUSSION Under the Executive Schedule, Congress fixed the rate of pay for members of the NRC on an annual basis. 5 U.S.C. §§ 5313, 5314 (1989). As such, the Commissioners are excluded from coverage under the pay provisions in 5 U.S.C. § 5504. See B-195402, Nov. 7, 1979. Therefore, 5 U.S.C. § 5505 governs the computation of their salaries. See B-120604, Aug. 30, 1976. Section 5505 reads as follows: G.488cS/ 14 1 7W_0 -.1 1 - . - , , I

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