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Office of the General Counsel

Date: [XXX]
Matter of: [XXX]
File: S9600939.3

OPM Contact: Paul Britner

An [agency] employee requests further reconsideration of our settlement denying his claim for availability pay.

The employee asserts that the first reconsideration missed the point of his request. The argument that he asserts was not considered was his assertion that the monthly claim forms and other evidence he submitted established that he was earning administratively uncontrollable overtime (AUO) during the fourth quarter of fiscal year (FY) 94 and, therefore, under the provisions of the law establishing availability pay--which became effective October 1, 1994--that he was entitled to availability pay during the first quarter of FY 95. See 5 U.S.C. 5545a.

However, for the reasons discussed in the initial reconsideration, the monthly claims forms and other evidence the claimant submitted do not establish that the employee received AUO during the fourth quarter of FY 94. Rather, the claimant established only that he worked overtime hours performing duties that qualified for AUO. As noted in the reconsideration, though, the agency chose to pay the employee for those hours worked as irregular overtime, instead of AUO, which was within the agencys discretion.

Therefore, upon further reconsideration, the settlement is affirmed.


Control Panel