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B-261456 1 (1995-06-30)

handle is hein.gao/gaobablky0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-26 1456 June 30, 1995 The Honorable John E. Baldacci House of Representatives Dear Mr. Baldacci: This is in response to your letter to the Comptroller General, dated May 9, 1995, concerning whether you may employ Ms. Mary M. Smith in view of the Dual Compensation Act provisions of 5 U.S.C. § 5533 (1994). Your letter states that you wish to employ Ms. Smith of Bangor, Maine, who is a part-time inspector with the Immigration and Naturalization Service (INS), Department of Justice. You propose to hire Ms. Smith as a nonpermanent, temporary employee for the maximum term of 90 days, as provided by the Rules of the House of Representatives. Her total compensation for the 90-day appointment will be $2,500, based on an annual rate of $10,000. Ms. Smith works on an intermittent (when-actually-employed) basis for the INS, and is paid on an hourly basis, which is calculated from her annual rate of pay at the GS-7, step 2 level ($24,838).' As of April 15, 1995, Ms. Smith had earned $478.55 from the INS for calendar year 1995. She projects earning no more than $12,000 in her work for INS during 1995, and believes the total will probably be much less. 'See letter from Ms. Gail Sakker, Administrative Officer, INS, to Congressman John E. Baldacci, dated May 9, 1995. See also 25 Comp. Gen. 121 (1945) (employees subject to 5 U.S.C. § 5504 who work less than full time should be compensated at an hourly rate), and 5 U.S.C. § 5504(b) (1994). 1142630 C>6 4 q21/i15q03 Z