B-37798, NOVEMBER 26, 1943, 23 COMP. GEN. 390
Highlights
ARE ENTITLED TO RECEIVE AN INCREASE OF 15 PERCENTUM OF THEIR EARNED BASIC COMPENSATION AS AUTHORIZED BY THE SAID ACT FOR POSTAL EMPLOYEES PAID ON A PART TIME. TEMPORARY OR SUBSTITUTE RURAL LETTER CARRIERS PAID ON A PER ANNUM BASIS WHO ARE APPOINTED TO SERVE DURING THE PROLONGED ABSENCE OF REGULAR CARRIERS. ARE ENTITLED TO BE PAID ADDITIONAL COMPENSATION AT THE RATE OF $300 PER ANNUM. HAVE HERETOFORE BEEN PAID AT THE SAME RATES PAID REGULAR CARRIERS. IS DESIRABLE FROM AN ACCOUNTING STANDPOINT. YOUR DECISION IS REQUESTED AS TO WHETHER PUBLIC LAW NO. 25 SUPERSEDES AND RENDERS INOPERATIVE THAT PORTION OF TITLE 39. RURAL LETTER CARRIERS ARE PAID ON A PER ANNUM BASIS DEPENDING UPON THE LENGTH OF THE ROUTES THEY SERVE.
B-37798, NOVEMBER 26, 1943, 23 COMP. GEN. 390
POSTAL EMPLOYEES - ADDITIONAL COMPENSATION UNDER THE ACT OF APRIL 9, 1943. SUBSTITUTE RURAL LETTER CARRIERS WHO, PURSUANT TO 39 U.S.C. 202, SERVE IN THE OCCASIONAL ABSENCE OF REGULAR CARRIERS AND RENDER ONLY PART TIME SERVICE SHOULD BE REGARDED AS "PART TIME" EMPLOYEES WITHIN THE MEANING OF THE ACT OF APRIL 9, 1943, AND, AS SUCH, ARE ENTITLED TO RECEIVE AN INCREASE OF 15 PERCENTUM OF THEIR EARNED BASIC COMPENSATION AS AUTHORIZED BY THE SAID ACT FOR POSTAL EMPLOYEES PAID ON A PART TIME, ETC., BASIS, BUT SUCH ADDITIONAL COMPENSATION MAY NOT EXCEED AN AVERAGE OF $25 PER MONTH. TEMPORARY OR SUBSTITUTE RURAL LETTER CARRIERS PAID ON A PER ANNUM BASIS WHO ARE APPOINTED TO SERVE DURING THE PROLONGED ABSENCE OF REGULAR CARRIERS, OR IN THE ABSENCE OF REGULARLY APPOINTED CARRIERS, SHOULD BE REGARDED AS FULL TIME EMPLOYEES DURING THE PERIOD OF SUCH APPOINTMENT, AND, AS SUCH, UNDER THE ACT OF APRIL 9, 1943, ARE ENTITLED TO BE PAID ADDITIONAL COMPENSATION AT THE RATE OF $300 PER ANNUM.
COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, NOVEMBER 26, 1943:
THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 19, 1943, AS FOLLOWS:
UNDER THE PROVISIONS OF TITLE 39, U.S.C. 203, SUBSTITUTE AND TEMPORARY RURAL CARRIERS, SERVING IN THE ABSENCE OF REGULAR CARRIERS, HAVE HERETOFORE BEEN PAID AT THE SAME RATES PAID REGULAR CARRIERS. PAYMENT ON THIS BASIS WOULD NOW INCLUDE THE PRO RATA PORTION OF THE $300 PER ANNUM ADDITIONAL COMPENSATION PROVIDED FOR IN PUBLIC LAW NO. 25.
CONTINUATION OF THE PROCEDURE HERETOFORE FOLLOWED IN THE COMPUTATION OF SALARIES PAYABLE TO SUBSTITUTE AND TEMPORARY RURAL CARRIERS, SERVING IN THE ABSENCE OF REGULAR CARRIERS, IS DESIRABLE FROM AN ACCOUNTING STANDPOINT.
YOUR DECISION IS REQUESTED AS TO WHETHER PUBLIC LAW NO. 25 SUPERSEDES AND RENDERS INOPERATIVE THAT PORTION OF TITLE 39, U.S.C. 203, WHICH RELATES TO THE RATES TO BE PAID SUBSTITUTE RURAL CARRIERS. MUST SUBSTITUTE AND TEMPORARY RURAL CARRIERS BE PAID THE 15 PERCENT INCREASE, NOT IN EXCESS OF AN AVERAGE OF $25.00 PER MONTH FOR THE FISCAL YEAR OR FRACTIONAL PART THEREOF, OR MAY THEY BE PAID INCREASED COMPENSATION AT THE RATE OF $300 PER ANNUM FOR SERVICE PERFORMED IN THE ABSENCE OF REGULAR RURAL CARRIERS?
SECTIONS 202 AND 203, TITLE 39, U.S. CODE, PROVIDE:
SEC. 202. RATE OF COMPENSATION OF TEMPORARY CARRIERS.
ACTING OR SUBSTITUTE RURAL LETTER CARRIERS SHALL BE PAID AT THE USUAL RATE FOR EACH DAY'S SERVICE ( MAR. 2, 1907, CH. 2513, 34 STAT. 1213).
SEC. 203. CARRIERS; LEAVE OF ABSENCE; SUBSTITUTES.
RURAL LETTER CARRIERS AFTER TWELVE MONTHS' SERVICE SHALL BE ALLOWED ANNUAL LEAVE WITH PAY NOT TO EXCEED FIFTEEN DAYS; THE SUBSTITUTES FOR CARRIERS ON VACATION TO BE PAID DURING SAID SERVICE AT THE RATE PAID THE CARRIER. ( MAR. 2, 1907, CH. 2513, 34 STAT. 1215).
PURSUANT TO 39 U.S.C. 197, RURAL LETTER CARRIERS ARE PAID ON A PER ANNUM BASIS DEPENDING UPON THE LENGTH OF THE ROUTES THEY SERVE.
THE ACT OF APRIL 9, 1943, 57 STAT. 59, PUBLIC LAW 25, SO FAR AS HERE MATERIAL, PROVIDES THAT POSTAL EMPLOYEES "SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF $300 PER ANNUM, EXCEPT THAT EMPLOYEES PAID ON AN HOURLY FEE, PART TIME, OR PER DIEM BASIS * * * SHALL RECEIVE AN INCREASE OF 15 PERCENTUM OF THEIR EARNED BASIC COMPENSATION * * * BUT SUCH INCREASE IN COMPENSATION * * * SHALL NOT IN ANY CASE EXCEED AN AVERAGE OF $25 PER MONTH FOR THE FISCAL YEAR OR FRACTIONAL PART THEREOF.'
AS RURAL LETTER CARRIERS ARE PAID ON A PER ANNUM BASIS, THEIR ADDITIONAL COMPENSATION IS PAYABLE AT THE RATE OF $300 PER ANNUM UNLESS THEY SHOULD BE REGARDED AS PART TIME EMPLOYEES, IN WHICH EVENT THE ADDITIONAL COMPENSATION WOULD BE PAYABLE ON A 15 PERCENT BASIS SUBJECT TO THE AVERAGE OF NOT TO EXCEED $25 PER MONTH.
SINCE SUBSTITUTE RURAL CARRIERS SERVING IN THE OCCASIONAL ABSENCE OF REGULAR CARRIERS RENDER ONLY PART TIME SERVICE (39 U.S.C. 202), THE ADDITIONAL COMPENSATION PAYABLE TO THEM SHOULD BE ON A 15 PERCENT BASIS SUBJECT TO THE STATUTORY LIMITATION.
HOWEVER, TEMPORARY OR SUBSTITUTE RURAL CARRIERS APPOINTED TO SERVE DURING THE PROLONGED ABSENCE OF REGULAR CARRIERS, OR IN THE ABSENCE OF ANY REGULARLY APPOINTED CARRIER (39 U.S.C. 203), PROPERLY ARE FOR REGARDING AS FULL-TIME EMPLOYEES DURING THE EFFECTIVE PERIOD OF THEIR APPOINTMENTS AND, ACCORDINGLY, THEIR ADDITIONAL COMPENSATION SHOULD BE PAID ON A $300 PER ANNUM BASIS.
I AM ADVISED THAT THE ACCOUNTS OF THE POSTMASTERS HERETOFORE HAVE BEEN AUDITED BY THIS OFFICE IN ACCORDANCE WITH THE ABOVE RULES WHICH RULES APPEAR TO BE CORRECT.