A-12846, FEBRUARY 4, 1926, 5 COMP. GEN. 583

A-12846: Feb 4, 1926

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IS NOT ENTITLED TO COMPENSATION AT THE RATE OF $2. UNLESS HE WAS SERVING ON SAID ROUTE ON FEBRUARY 28. IS ENTITLED ONLY TO THE RATE OF $2. 1926: THERE IS BEFORE THIS OFFICE FOR DECISION THE QUESTION WHETHER A SUBSTITUTE RURAL CARRIER SERVING ON A ROUTE 50 MILES IN LENGTH. IT WAS HELD: THE ACT OF MARCH 2. A SUBSTITUTE OR TEMPORARY CARRIER WHEN SERVING THE ROUTE IS ENTITLED TO THE EXACT AMOUNT OF SALARY THE REGULAR CARRIER WOULD RECEIVE FOR THE SAME SERVICE. * * * THE ACT OF JUNE 5. IT IS UNDERSTOOD THAT UNDER THIS PROVISION RURAL CARRIERS SERVING A ROUTE OF 50 MILES IN LENGTH HAVE RECEIVED A SALARY OF $2. THIS PROVISION WAS NOT INCLUDED IN THE ACT OF FEBRUARY 28. THE COMPENSATION PAYABLE FOR A ROUTE 50 MILES IN LENGTH IS $1.

A-12846, FEBRUARY 4, 1926, 5 COMP. GEN. 583

POSTAL SERVICE - COMPENSATION OF SUBSTITUTE RURAL CARRIERS A SUBSTITUTE RURAL CARRIER OF THE POSTAL SERVICE SERVING A ROUTE 50 MILES IN LENGTH ON WHICH THE REGULAR CARRIER RECEIVES COMPENSATION AT THE RATE OF $2,600 PER ANNUM UNDER THE PROVISIONS OF THE ACT OF JUNE 5, 1920, 41 STAT. 1052, AND THE SAVING CLAUSE IN THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1065, IS NOT ENTITLED TO COMPENSATION AT THE RATE OF $2,600 PER ANNUM, UNLESS HE WAS SERVING ON SAID ROUTE ON FEBRUARY 28, 1925, BUT IS ENTITLED ONLY TO THE RATE OF $2,580 PER ANNUM AS FIXED BY THE ACT OF FEBRUARY 28, 1925, FOR A ROUTE 50 MILES IN LENGTH.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 4, 1926:

THERE IS BEFORE THIS OFFICE FOR DECISION THE QUESTION WHETHER A SUBSTITUTE RURAL CARRIER SERVING ON A ROUTE 50 MILES IN LENGTH, VICE A REGULAR RURAL CARRIER WHO RECEIVES A SALARY OF $2,600 PER ANNUM, BY REASON OF HIS BEING IN THE SERVICE ON FEBRUARY 28, 1925, SHALL BE PAID AT THE RATE OF $2,600 PER ANNUM, OR AT THE RATE OF $2,580 PER ANNUM, THE SALARY PROVIDED UNDER ANOTHER PROVISION OF THE ACT OF THAT DATE.

IN DECISION OF MARCH 14, 1925, 4 COMP. GEN. 769, IT WAS HELD:

THE ACT OF MARCH 2, 1907, 34 STAT. 1215, AFTER GRANTING RURAL LETTER CARRIERS LEAVE OF ABSENCE WITH PAY, PROVIDES:

"* * * THE SUBSTITUTES FOR CARRIERS ON VACATION TO BE PAID DURING SAID SERVICE AT THE RATE PAID THE CARRIER * * *.'

THERE HAS BEEN NO SUBSEQUENT CHANGE IN THIS STATUTORY PROVISION WHICH HAS BEEN INCORPORATED IN SECTION 725, POSTAL LAWS AND REGULATIONS, 1924. * * * THE ACT OF FEBRUARY 28, 1925, DOES NOT EXPRESSLY FIX THE PAY OF SUBSTITUTE AND TEMPORARY RURAL CARRIERS, NOR IN ANY MANNER ALTER THE PREVIOUSLY EXISTING RULES FOR PAYING THEM. AS TO SALARY, THEREFORE, A SUBSTITUTE OR TEMPORARY CARRIER WHEN SERVING THE ROUTE IS ENTITLED TO THE EXACT AMOUNT OF SALARY THE REGULAR CARRIER WOULD RECEIVE FOR THE SAME SERVICE. * * *

THE ACT OF JUNE 5, 1920, 41 STAT. 1052, PROVIDED:

THAT THE PAY OF A CARRIER WHO FURNISHES AND MAINTAINS HIS OWN MOTOR VEHICLE AND WHO SERVES A ROUTE NOT LESS THAN FIFTY MILES IN LENGTH BE PAID AT NOT EXCEEDING $2,600 PER ANNUM.

IT IS UNDERSTOOD THAT UNDER THIS PROVISION RURAL CARRIERS SERVING A ROUTE OF 50 MILES IN LENGTH HAVE RECEIVED A SALARY OF $2,600 PER ANNUM. THIS PROVISION WAS NOT INCLUDED IN THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1053, UNDER SECTION 8 OF WHICH, 43 STAT. 1063, THE COMPENSATION PAYABLE FOR A ROUTE 50 MILES IN LENGTH IS $1,800 FOR THE FIRST 24 MILES PLUS $30 PER MILE FOR THE ADDITIONAL 26 MILES, $780, OR A TOTAL OF $2,580 PER ANNUM. SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1065, PROVIDES: "NO EMPLOYEE IN THE POSTAL SERVICE SHALL BE REDUCED IN RANK OR SALARY AS THE RESULT OF THE PROVISIONS OF THIS TITLE.'

THE QUESTION IS, THEREFORE, WHETHER A SUBSTITUTE CARRIER SERVING A ROUTE OF 50 MILES IN LENGTH ON WHICH THE REGULAR CARRIER RECEIVES $2,600 PER ANNUM BY REASON OF THIS SAVING CLAUSE SHALL RECEIVE $2,600 PER ANNUM, OR $2,580 PER ANNUM, THE SPECIFIC RATE FIXED BY THE ACT OF FEBRUARY 28, 1925, FOR REGULAR CARRIERS WHO WERE NOT IN THE SERVICE PRIOR TO THE DATE OF THE ACT.

THE ACT OF FEBRUARY 28, 1925, FIXES THE PAY FOR THE ROUTE AND THE PAY THUS FIXED IS THE AMOUNT PAYABLE TO WHOEVER, UNDER PROPER AUTHORITY, PERFORMS THE SERVICE ON THE ROUTE. THE FACT THAT THE REGULAR CARRIER ON A 50-MILE ROUTE, WHO WAS PERFORMING SERVICE ON SAID ROUTE FEBRUARY 28, 1925, IS ENTITLED, UNDER THE SAVING CLAUSE IN SAID ACT, TO $20 A YEAR IN EXCESS OF THE RATE AS NOW FIXED BY LAW DOES NOT AUTHORIZE PAYING THE EXTRA $20 TO THE SUBSTITUTE UNLESS THE SUBSTITUTE WAS SERVING AS SUCH ON SAID ROUTE FEBRUARY 28, 1925.