A-14173, MAY 11, 1926, 5 COMP. GEN. 904

A-14173: May 11, 1926

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REQUIRING THE FORFEITURE OF ONE DAY'S PAY FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE 31ST DAY OF A MONTH IS NOT APPLICABLE TO AN EMPLOYEE OF THE GOVERNMENT WHOSE SERVICE TERMINATED ON THE 30TH DAY OF A 31-DAY MONTH BY RETIREMENT. 1926: I HAVE YOUR LETTER OF APRIL 22. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED FOR $4.87 COVERING ONE DAY'S PAY TO MR. WARD WAS AN EMPLOYEE OF THE UNITED STATES ENGINEERS OFFICE AT NEW YORK. ONE DAY'S PAY WAS DEDUCTED BECAUSE HE WAS NOT IN AN ACTIVE-DUTY STATUS ON MARCH 31. IT HAS BEEN HELD THAT THE PROVISION RELATIVE TO FORFEITURE FOR UNAUTHORIZED ABSENCE ON THE 31ST DAY OF A MONTH IS NOT APPLICABLE TO EMPLOYEES WHO ARE SEPARATED FROM THE SERVICE ON THE 30TH DAY OF A 31 DAY MONTH.

A-14173, MAY 11, 1926, 5 COMP. GEN. 904

COMPENSATION - THIRTY-FIRST DAY OF MONTH THE PROVISION IN THE ACT OF JUNE 30, 1906, 34 STAT. 763, REQUIRING THE FORFEITURE OF ONE DAY'S PAY FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE 31ST DAY OF A MONTH IS NOT APPLICABLE TO AN EMPLOYEE OF THE GOVERNMENT WHOSE SERVICE TERMINATED ON THE 30TH DAY OF A 31-DAY MONTH BY RETIREMENT, UNDER THE PROVISIONS OF THE ACT OF MAY 22, 1920, 41 STAT. 614.

COMPTROLLER GENERAL MCCARL TO COL. HERBERT DEAKYNE, UNITED STATES ARMY, MAY 11, 1926:

I HAVE YOUR LETTER OF APRIL 22, 1926, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED FOR $4.87 COVERING ONE DAY'S PAY TO MR. JOSEPH G. WARD FOR MARCH 30, 1926.

IT APPEARS THAT MR. WARD WAS AN EMPLOYEE OF THE UNITED STATES ENGINEERS OFFICE AT NEW YORK, Y., AS INSPECTOR AT $149.99 PER MONTH UNTIL MARCH 30, 1926, WHEN HIS RETIREMENT ON ACCOUNT OF AGE BECAME EFFECTIVE AFTER THE EXPIRATION OF CERTIFIED RETENTION IN THE SERVICE. IT APPEARS THAT IN MAKING PAYMENT OF HIS SALARY FOR THE MONTH OF MARCH, ONE DAY'S PAY WAS DEDUCTED BECAUSE HE WAS NOT IN AN ACTIVE-DUTY STATUS ON MARCH 31, 1926.

THE ACT OF JUNE 30, 1906, 34 STAT. 763, PROVIDES THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE 31ST DAY OF A MONTH ONE DAY'S PAY SHALL BE FORFEITED. IT HAS BEEN HELD THAT THE PROVISION RELATIVE TO FORFEITURE FOR UNAUTHORIZED ABSENCE ON THE 31ST DAY OF A MONTH IS NOT APPLICABLE TO EMPLOYEES WHO ARE SEPARATED FROM THE SERVICE ON THE 30TH DAY OF A 31 DAY MONTH. SEE 26 COMP. DEC. 687; 3 COMP. GEN. 97.

THE DECISIONS CITED DEALT WITH CASES OF EMPLOYEES WHOSE SERVICES WERE TERMINATED BY DISCHARGE OR RESIGNATION. IN THE INSTANT CASE THE EMPLOYEE'S SEPARATION FROM THE SERVICE IS BY OPERATION OF LAW. THE FACT THAT THE EMPLOYEE THUS SEPARATED MAY BE ENTITLED THEREAFTER TO RETIREMENT ANNUITY UNDER THE ACT OF MAY 22, 1920, 41 STAT. 614, DOES NOT CHANGE THE FACT THAT HE IS NO LONGER AN EMPLOYEE AND THAT HE WAS NOT, ON MARCH 31, IN THE STATUS OF UNAUTHORIZED ABSENCE WITHIN THE MEANING OF THE PROVISION OF THE ACT OF JUNE 30, 1906, SUPRA.

YOU ARE ADVISED THAT PAYMENT ON THE VOUCHER IS AUTHORIZED, IF IT IS CORRECT IN ALL OTHER RESPECTS.