B-75819, NOVEMBER 17, 1949, 29 COMP. GEN. 229

B-75819, NOVEMBER 17, 1949, 29 COMP. GEN. 229

COMPENSATION - NIGHT DIFFERENTIAL - STANDARD V. DAYLIGHT SAVING TIME - EFFECTIVE DATE OF ACT OF SEPTEMBER 7, 1949 THE PROVISIONS OF SECTION 2 OF THE ACT OF SEPTEMBER 7, 1949, AUTHORIZING THE COMPUTATION OF EXTRA COMPENSATION FOR NIGHT WORK ON THE BASIS OF THE TIME IN EFFECT AT THE PLACE THE SERVICES WERE PERFORMED, MUST BE CONSIDERED AS EFFECTIVE FROM THE BEGINNING OF THE DAY OF ITS APPROVAL, NAMELY, SEPTEMBER 7, 1949, THERE BEING NO PROVISION OF THE ACT OTHERWISE FIXING ITS EFFECTIVE DATE; HOWEVER, AUTHORIZED PREMIUM PAY FOR ALL WORK SHIFTS BEGINNING BEFORE MIDNIGHT SEPTEMBER 6 AND EXTENDING INTO SEPTEMBER 7 MAY BE COMPUTED UPON THE BASIS OF STANDARD TIME. COMPARE 28 COMP. GEN. 397.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, NOVEMBER 17, 1949:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF SEPTEMBER 30, 1949, REQUESTING A DECISION AS TO THE EXACT TIME WHEN THE PROVISIONS OF SECTION 2 OF THE ACT OF SEPTEMBER 7, 1949 ( PUBLIC LAW 288, 81ST CONGRESS, 63 STAT. 690), ARE REQUIRED TO BE PUT INTO EFFECT.

THE SAID SECTION PROVIDES:

WHENEVER ANY OFFICER OR EMPLOYEE OF THE UNITED STATES GOVERNMENT * * * IS ENTITLED TO EXTRA COMPENSATION ON ACCOUNT OF SERVICES PERFORMED BETWEEN OR AFTER CERTAIN SPECIFIED HOURS OF THE DAY OR NIGHT, SUCH EXTRA COMPENSATION SHALL BE COMPUTED ON THE BASIS OF EITHER STANDARD OR DAYLIGHT SAVING TIME, DEPENDING UPON WHICH TIME IS OBSERVED BY LAW, CUSTOM, OR PRACTICE WHERE SUCH SERVICES ARE PERFORMED.

YOU REFER TO THE RULE IN EFFECT PRIOR TO THE ENACTMENT OF THE SAID PUBLIC LAW 288, AND TO OFFICE DECISION OF JANUARY 3, 1949 (28 COMP. GEN. 397), TO YOU, IN WHICH IT WAS HELD THAT WHILE UNDER THEN EXISTING LAW ANY EXTRA COMPENSATION AUTHORIZED FOR WORK BETWEEN SPECIFIED HOURS SHOULD BE COMPUTED UPON THE BASIS OF STANDARD TIME, IN VIEW OF THE CONFUSION AND DIFFICULTIES WHICH WOULD BE ENCOUNTERED BY REQUIRING A CHANGE AT THAT TIME, COMPLIANCE WITH THE RULE WOULD NOT BE REQUIRED FOR ANY CURRENT PERIOD OF DAYLIGHT SAVING TIME THEN IN EFFECT. SINCE IT IS INDICATED IN YOUR LETTER THAT MANY OF THE SAME DIFFICULTIES WOULD BE ENCOUNTERED IN EFFECTUATING THE PROVISIONS OF THE ABOVE-QUOTED SECTION OF THE STATUTE ON THE DAY THE LAW WAS APPROVED, AND IN VIEW OF THE FACT THAT DAYLIGHT SAVING TIME ENDED IN MOST LOCALITIES SHORTLY AFTER THAT DATE, YOU REQUEST TO BE ADVISED WHETHER, IN RESPECT OF PUBLIC LAW 288, THIS OFFICE WOULD BE REQUIRED TO OBJECT IF YOUR DEPARTMENT DETERMINES TO CONTINUE IN EFFECT, UNTIL THE END OF PERIODS OF DAYLIGHT SAVING TIME CURRENT ON SEPTEMBER 7, 1949, THE PRACTICES FOR COMPUTING PREMIUM PAY IN EFFECT IMMEDIATELY PRIOR TO THAT DATE. IF THE ANSWER TO SAID QUESTION IS IN THE AFFIRMATIVE, YOU REQUEST TO BE ADVISED AS TO THE DATE THE SAID PROVISION SHOULD BE PUT INTO EFFECT AND, ALSO, WHETHER IT WOULD BE PROPER "TO COMPUTE THE PREMIUM PAY FOR ALL WORK SHIFTS BEGINNING ON OR AFTER MIDNIGHT SEPTEMBER 6, ON THE BASIS OF DAYLIGHT SAVING TIME AND THOSE BEGINNING BEFORE MIDNIGHT ON THE BASIS OF STANDARD TIME.'

IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY, A STATUTE IS PRESUMED TO BE EFFECTIVE AT THE BEGINNING OF THE DAY ON WHICH IT IS APPROVED BY THE CHIEF EXECUTIVE. SINCE THERE IS NO SPECIFIC PROVISION IN THE INSTANT LAW WITH RESPECT TO ITS EFFECTIVE DATE, IT MUST BE CONSIDERED AS EFFECTIVE FROM THE BEGINNING OF THE DAY OF ITS APPROVAL, NAMELY, SEPTEMBER 7, 1949. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE. HOWEVER, YOU ARE ADVISED FURTHER THAT AUTHORIZED PREMIUM PAY FOR ALL WORK SHIFTS BEGINNING BEFORE MIDNIGHT SEPTEMBER 6 AND EXTENDING INTO SEPTEMBER 7 MAY BE COMPUTED UPON THE BASIS OF STANDARD TIME AS PROPOSED IN YOUR LETTER.