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B-201821 1 (1982-02-25)

handle is hein.gao/gaobadkco0001 and id is 1 raw text is: L k D0I3ION FILEt B-201821 qv DATEi February 25, 1982 MATTR OF; Professional Organization Air Traffic Controllers - Cost-of-Living Allowances DIGESTi Air traffic-controllers request that cost- of-living allowance (COLA) in MoloI;ai, Hawail, be computed tinder private housing category, si'Ice, a thouqh they occupy Federal housing, they; do not do so as iA condition of their civi!iai employment, Even though Federal Personnel Mcnul (FPM) Letter 591-29, October 30, !978, defines Federal houtsing category as applyin only to those who occupy Federal housing as a condition of their employ- ment, the PM Letter's inte'vpretation is erro- neous since it mnisinterpret fxeutive Order No, 12,070, as amended, which refers to Federal housing as that occupied as a result of Civil- ian employment, Therefore, the manner in which the Federal Aviation Administration has been computing the COLA is correct, This decision is being isnued at< the request of the Professional Air Traffic ContL-ollbrs Organization (IATCO) and the Federal Aviation Admjinlistration (FAA). It concerns the appropriate rate at lhich FAA employees should be paid cost-of-livihg allowances (COLA) at- Kallae, Molokai, Hawaii, The specific issue is whether FAA employees residing in Federal housing on Molokat may have their COLA computed under the Local Retail/Private Housing category, as PATCO argues, or whether it should be computed under the. Local Retail/Federal Housing cate- gory as FAA has been doing. For the reasons stated below, we hold that FAA's method of computing the COLA is proper. The Office of Personnel Management (OPIl) determines the COLA -rates in question and issues regulations under the governiiig statute, 5 Us.C. S 5941 (1976), and Execu- tLive Order No. 10,000, 13 Fe @Reg. 5453 (1948), as amended, reprinted under 5 U.S.C. 9 5941, (Supp. III, 1979)o Clark Edwards, B-189055, November 30, 1977. Accordingly, we-u comments on the submission, Although / THE1 COMPTROLLER OE'JfRAL OP THE UNITME STATE3S WASHINGTo No 0, . eO540 2u22