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B-176997, DEC 15, 1972

B-176997 Dec 15, 1972
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INCREASES IN BOTH MILITARY PAY AND ALLOWANCES AUTHORIZED BY PUBLIC LAW 92 -129 WERE SUBJECT TO THE WAGE-PRICE FREEZE AND NOT PAYABLE FOR ANY PERIOD PRIOR TO NOVEMBER 14. FIDELL: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 9. IMPOSED A 90-DAY WAGE PRICE FREEZE AND WHILE YOU ARE APPARENTLY WILLING TO RECOGNIZE THAT THE PAY INCREASES PROVIDED BY PUBLIC LAW 92-129 ARE SUBJECT TO THE 90-DAY FREEZE. YOU SAY THAT SINCE A BASIC ALLOWANCE FOR QUARTERS IS NOT A WAGE OR SALARY BUT RATHER IS A REIMBURSEMENT TO A MEMBER FOR MONIES EXPENDED FOR QUARTERS WHICH HE MUST PROVIDE FOR HIMSELF WHEN THE GOVERNMENT DOES NOT MAKE QUARTERS AVAILABLE TO HIM. YOU SAY THAT EVEN IF BASIC ALLOWANCES FOR QUARTERS IS IN FACT A WAGE OR SALARY.

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B-176997, DEC 15, 1972

MILITARY PERSONNEL - QUARTERS ALLOWANCE - WAGE PRICE FREEZE DECISION AFFIRMING PRIOR DENIAL OF THE CLAIM OF LT. EUGENE R. FIDELL, USCGR, FOR INCREASED QUARTERS ALLOWANCE UNDER THE PROVISION OF P.L. 92 129, 85 STAT. 348. INCREASES IN BOTH MILITARY PAY AND ALLOWANCES AUTHORIZED BY PUBLIC LAW 92 -129 WERE SUBJECT TO THE WAGE-PRICE FREEZE AND NOT PAYABLE FOR ANY PERIOD PRIOR TO NOVEMBER 14, 1971. B-176083, JULY 7, 1972, 52 COMP. GEN. .

TO LT. EUGENE R. FIDELL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 9, 1972, IN WHICH YOU REQUEST REVIEW OF A SETTLEMENT BY OUR TRANSPORTATION AND CLAIMS DIVISION DATED SEPTEMBER 7, 1972, WHICH DISALLOWED YOUR CLAIM FOR INCREASED QUARTERS ALLOWANCE UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 28, 1971, PUBLIC LAW 92-129, 85 STAT. 348, FOR THE PERIOD OCTOBER 1, 1971, TO NOVEMBER 14, 1971.

IN BRIEF, YOU SAY THAT EXECUTIVE ORDER 11615, DATED AUGUST 15, 1971, ISSUED UNDER THE AUTHORITY OF THE ECONOMIC STABILIZATION ACT OF 1970, PUBLIC LAW 91-379, 84 STAT. 799, AS AMENDED, IMPOSED A 90-DAY WAGE PRICE FREEZE AND WHILE YOU ARE APPARENTLY WILLING TO RECOGNIZE THAT THE PAY INCREASES PROVIDED BY PUBLIC LAW 92-129 ARE SUBJECT TO THE 90-DAY FREEZE, YOU SAY THAT SINCE A BASIC ALLOWANCE FOR QUARTERS IS NOT A WAGE OR SALARY BUT RATHER IS A REIMBURSEMENT TO A MEMBER FOR MONIES EXPENDED FOR QUARTERS WHICH HE MUST PROVIDE FOR HIMSELF WHEN THE GOVERNMENT DOES NOT MAKE QUARTERS AVAILABLE TO HIM, YOU CONTEND THAT THE ECONOMIC STABILIZATION ACT OF 1970, AS AMENDED, DOES NOT AUTHORIZE FREEZING ALLOWANCES OR OTHER SIMILAR COMPENSATION.

IN THE ALTERNATIVE, YOU SAY THAT EVEN IF BASIC ALLOWANCES FOR QUARTERS IS IN FACT A WAGE OR SALARY, SINCE PUBLIC LAW 92-129 WAS ENACTED BY CONGRESS AFTER THE IMPOSITION OF THE WAGE-PRICE FREEZE BY EXECUTIVE ORDER 11615, WITH AN EFFECTIVE DATE (OCTOBER 1, 1971) DURING THE PENDENCY OF THAT FREEZE, AND SINCE NO STATUTORY REFERENCE WAS MADE TO THE FREEZE IN THAT ACT, IT IN EFFECT OVERRODE THE EARLIER EXERCISE OF EXECUTIVE AUTHORITY.

THE MATTER INVOLVED IN YOUR CLAIM WAS IN PART THE SUBJECT OF DECISION B- 176083, JULY 7, 1972 (52 COMP. GEN. ), COPY ENCLOSED. IT WAS CONCLUDED IN THAT DECISION, FOR REASONS STATED THEREIN, THAT INCREASES IN BOTH MILITARY PAY AND ALLOWANCES AUTHORIZED BY PUBLIC LAW 92-129 WERE SUBJECT TO THE WAGE-PRICE FREEZE AND NOT PAYABLE FOR ANY PERIOD PRIOR TO NOVEMBER 14, 1971.

ACCORDINGLY, THE ACTION TAKEN BY OUR TRANSPORTATION AND CLAIMS DIVISION ON YOUR CLAIM IS SUSTAINED.

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