A-17228, FEBRUARY 14, 1927, 6 COMP. GEN. 529

A-17228: Feb 14, 1927

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IS IN NO WAY AFFECTED BY THE PROVISION IN THE ACT OF MAY 19. 1927: THERE IS FOR REVIEW SETTLEMENT NO. 0134253. WAS RETIRED OCTOBER 11. INCLUDING THOSE FORMER MEMBERS TRANSFERRED TO THE FLEET MARINE CORPS RESERVE AND WHO ARE NOW ON THE ACTIVE AND RETIRED LIST OF THE FLEET MARINE CROPS RESERVE. TO THOSE FORMER MUSICIANS OF THE BAND WHO WERE RETIRED PRIOR TO JULY 1. THE EXPRESSION "NOW ON THE RETIRED LIST" CLEARLY LIMITS THE APPLICATION OF SUCH RATES TO THOSE FORMER MUSICIANS OF THE BAND WHO WERE ON THE RETIRED LIST AT THE TIME THE ACT WAS APPROVED. - THAT IS. SUCH RATES ARE NOT MADE APPLICABLE TO FORMER MUSICIANS WHO WERE ON THE RETIRED LIST ON JUNE 30. WERE NOT ON THE RETIRED LIST ON MAY 19.

A-17228, FEBRUARY 14, 1927, 6 COMP. GEN. 529

PAY, RETIRED - MARINE CORPS BANDSMEN THE RETIRED PAY OF A FORMER MUSICIAN OF THE BAND, UNITED STATES MARINE CORPS, RETIRED PRIOR TO JULY 1, 1922, WHO DIED JANUARY 15, 1924, IS IN NO WAY AFFECTED BY THE PROVISION IN THE ACT OF MAY 19, 1926, 44 STAT. 565, WHICH APPLIES THE RATES OF PAY PRESCRIBED IN THE ACT OF MARCH 4, 1925, 43 STAT. 1274, TO FORMER MUSICIANS ON THE RETIRED LIST ON MAY 19, 1926.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 14, 1927:

THERE IS FOR REVIEW SETTLEMENT NO. 0134253, DATED OCTOBER 19, 1926, OF THE CLAIM OF JOHN SCRIVENER AND SAMUEL SCRIVENER, EXECUTORS OF THE ESTATE OF LARS F. WALEN, ALLOWING $867.28 AS ADDITIONAL RETIRED PAY DUE THE DECEASED FOR THE PERIOD JULY 1, 1922, TO JANUARY 15, 1924, UNDER THE ACT APPROVED MAY 19, 1926, 44 STAT. 565.

SAID LARS F. WALEN, A FORMER MUSICIAN OF THE BAND, UNITED STATES MARINE CORPS, WAS RETIRED OCTOBER 11, 1916, AND DIED JANUARY 15, 1924. SECTION 11 OF THE ACT OF MARCH 4, 1925, AUTHORIZED SPECIFIC INCREASED RATES OF PAY FOR THE SECOND LEADER AND MUSICIANS OF THE BAND, UNITED STATES MARINE CORPS, SUCH RATES TO BE EFFECTIVE FROM JULY 1, 1922, AS APPLIED TO MUSICIANS ON THE ACTIVE LIST AND FORMER MUSICIANS RETIRED SINCE JUNE 30, 1922. SUCH RATES HAD NO APPLICATION TO FORMER MUSICIANS OF THE BAND WHO HAD BEEN RETIRED PRIOR TO JULY 1, 1922, 4 COMP. GEN. 942, 944.

THE ACT OF MAY 19, 1926, 44 STAT. 565, PROVIDES:

THAT THE PROVISIONS OF SECTION 11, OF THE ACT OF MARCH 4, 1925, AN ACT PROVIDING FOR SUNDRY MATTERS AFFECTING THE NAVAL SERVICE, ESTABLISHING THE PAY AND ALLOWANCES AUTHORIZED FOR THE SECOND LEADER AND THE MUSICIANS OF THE BAND OF THE UNITED STATES MARINE CORPS, SHALL APPLY IN COMPUTING THE PAY OF ALL FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST, INCLUDING THOSE FORMER MEMBERS TRANSFERRED TO THE FLEET MARINE CORPS RESERVE AND WHO ARE NOW ON THE ACTIVE AND RETIRED LIST OF THE FLEET MARINE CROPS RESERVE.

THIS PROVISION EXTENDS THE APPLICATION OF THE RATES OF PAY ESTABLISHED BY THE ACT OF MARCH 4, 1925, TO THOSE FORMER MUSICIANS OF THE BAND WHO WERE RETIRED PRIOR TO JULY 1, 1922--- A CLASS OF RETIRED FORMER MUSICIANS TO WHOM SUCH RATES DID NOT APPLY UNDER THE ACT OF MARCH 4, 1925. THE WORD "NOW" MEANS THE PRESENT TIME, AND THE EXPRESSION "NOW ON THE RETIRED LIST" CLEARLY LIMITS THE APPLICATION OF SUCH RATES TO THOSE FORMER MUSICIANS OF THE BAND WHO WERE ON THE RETIRED LIST AT THE TIME THE ACT WAS APPROVED--- THAT IS, ON MAY 19, 1926. ACCORDINGLY, SUCH RATES ARE NOT MADE APPLICABLE TO FORMER MUSICIANS WHO WERE ON THE RETIRED LIST ON JUNE 30, 1922, AND WHO REMAINED ON THE RETIRED LIST FOR A PERIOD SUBSEQUENT TO THAT DATE BUT WHO, FOR ANY REASON, WERE NOT ON THE RETIRED LIST ON MAY 19, 1926. FORMER MUSICIAN WALEN, HAVING DIED JANUARY 15, 1924, WAS NOT ON THE RETIRED LIST ON MAY 19, 1926, AND, THEREFORE, HIS PAY FROM JULY 1, 1922, TO DATE OF HIS DEATH, JANUARY 15, 1924, WAS NOT AFFECTED BY THE ACT OF MAY 19, 1926.

UPON REVIEW THE SETTLEMENT IS REVERSED, AND THERE IS NOTHING DUE CLAIMANTS.