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Office of the General Counsel


Dear Mr. [xxx]:

We have reviewed your claim for overtime compensation and concur with your agency that your claim may not be allowed.

On July 1, 1996, pursuant to section 211 of Public Law 104-53, November 19, 1995, all claims from federal employees for compensation and leave were transferred from the General Accounting Office to the Director of the Office of Management and Budget. Subsequently, these claims were delegated to the Office of Personnel Management.

Briefly stated, you are appealing a determination made by your agency that you were incorrectly taken off Administratively Uncontrollable Overtime (AUO) in November 1994. It is your contention that based on the provisions of the Availability Pay Act, you should have received AUO at a rate of 15% during the period October 1994, to July 1995.

On October 1, 1994, the Availability Pay Act of 1994, took effect requiring 25 percent Availability Pay for all GS-1811 criminal investigators. The Act gave agencies flexibility in making the transition from AUO to Availability Pay, but required agencies to pay criminal investigators at a rate no lower than they were paid immediately prior to September 30, 1994.

You assert that you were earning AUO at a rate of 15% during the last quarter of fiscal year 1994. However, the record does not show that the agency official with the delegated authority to establish AUO rates for employees in your office ever approved that rate for you during that time period.

Accordingly, we cannot allow your claim.


Joann Charleston


cc: [agency]

Control Panel