A-17603, MARCH 12, 1927, 6 COMP. GEN. 572

A-17603: Mar 12, 1927

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THEIR COMPENSATION IS SUBJECT TO THE 3 1/2 PERCENT DEDUCTION FOR RETIREMENT. THIRD CLASS POST OFFICES WHO HAVE BEEN PROMOTED. BOTH ACTING POSTMASTERS WERE PROMOTED AND APPOINTED FROM THE POSITION OF ASSISTANT POSTMASTER OF THEIR RESPECTIVE OFFICES WHICH IS IN THE CLASSIFIED CIVIL SERVICE. THIRD CLASS WHO HAVE BEEN PROMOTED. THE POSITION OF ACTING POSTMASTER WAS AUTHORIZED BY SECTION 3836. UNDER THESE PROVISIONS OF LAW AND REGULATIONS ACTING POSTMASTERS HAVE THE SAME DUTIES AND RESPONSIBILITIES AS REGULAR POSTMASTERS. THE COMPENSATION OF ACTING POSTMASTERS IS EXACTLY THE SAME AS WOULD HAVE BEEN RECEIVED BY A REGULAR POSTMASTER. THE PURPOSE AND INTENT OF THE PROVISIONS QUOTED ABOVE FROM THE RETIREMENT ACT OF 1926 WAS TO PRESERVE THE RETIREMENT PRIVILEGES TO CLASSIFIED EMPLOYEES WHEN PROMOTED.

A-17603, MARCH 12, 1927, 6 COMP. GEN. 572

RETIREMENT DEDUCTIONS - ACTING POSTMASTERS THE POSITIONS OF ACTING POSTMASTER AND POSTMASTER BEING ALIKE AS REGARDS DUTIES, RESPONSIBILITIES, AND COMPENSATION, ACTING POSTMASTERS OF FIRST, SECOND, AND THIRD CLASS POST OFFICES PROMOTED, APPOINTED, OR TRANSFERRED FROM POSITIONS IN THE CLASSIFIED CIVIL SERVICE, COME WITHIN THE TERMS OF THE RETIREMENT ACT OF MAY 22, 1920, 41 STAT. 614, AS AMENDED BY SECTION 3 OF THE ACT OF JULY 3, 1926, 44 STAT. 905, AND THEIR COMPENSATION IS SUBJECT TO THE 3 1/2 PERCENT DEDUCTION FOR RETIREMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MARCH 12, 1927:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 2, 1927, REQUESTING DECISION WHETHER 3 1/2 PERCENT RETIREMENT DEDUCTIONS SHOULD BE MADE FROM THE COMPENSATION OF ACTING POSTMASTERS OF FIRST, SECOND, AND THIRD CLASS POST OFFICES WHO HAVE BEEN PROMOTED, APPOINTED, OR TRANSFERRED FROM POSITIONS IN THE CLASSIFIED CIVIL SERVICE.

YOU PRESENT THE CASES OF D. D. DERRICK, AT PRESENT ACTING POSTMASTER AT TROY, N.Y., AND W. A. EAGLESON, THE PRESENT POSTMASTER AT STATEN ISLAND, N.Y., WHO SERVED AS ACTING POSTMASTER FROM OCTOBER 6, 1926, TO JANUARY 12, 1927. BOTH ACTING POSTMASTERS WERE PROMOTED AND APPOINTED FROM THE POSITION OF ASSISTANT POSTMASTER OF THEIR RESPECTIVE OFFICES WHICH IS IN THE CLASSIFIED CIVIL SERVICE.

SECTION 3 OF THE CIVIL RETIREMENT ACT, AS AMENDED BY THE ACT OF JULY 3, 1926, 44 STAT. 904, PROVIDES IN PART, AS FOLLOWS:

SEC. 3. THIS ACT SHALL APPLY TO THE FOLLOWING EMPLOYEES AND GROUPS OF EMPLOYEES:

(D) * * * AND UNCLASSIFIED EMPLOYEES TRANSFERRED FROM CLASSIFIED POSITIONS: * * *.

(G) POSTMASTERS OF THE FIRST, SECOND, AND THIRD CLASS WHO HAVE BEEN PROMOTED, APPOINTED OR TRANSFERRED FROM THE CLASSIFIED CIVIL SERVICE.

THE POSITION OF ACTING POSTMASTER WAS AUTHORIZED BY SECTION 3836, REVISED STATUTES. SEE ALSO ACT OF APRIL 24, 1920, 41 STAT. 574, AND SECTIONS 300 AND 301 OF THE POSTAL LAWS AND REGULATIONS, 1924. UNDER THESE PROVISIONS OF LAW AND REGULATIONS ACTING POSTMASTERS HAVE THE SAME DUTIES AND RESPONSIBILITIES AS REGULAR POSTMASTERS. THE COMPENSATION OF ACTING POSTMASTERS IS EXACTLY THE SAME AS WOULD HAVE BEEN RECEIVED BY A REGULAR POSTMASTER. SEE SECTION 31 OF THE ACT OF MARCH 3, 1879, 20 STAT. 362, AND SECTION 315, WITH NOTE, OF THE POSTAL LAWS AND REGULATIONS, 1924.

THE PURPOSE AND INTENT OF THE PROVISIONS QUOTED ABOVE FROM THE RETIREMENT ACT OF 1926 WAS TO PRESERVE THE RETIREMENT PRIVILEGES TO CLASSIFIED EMPLOYEES WHEN PROMOTED, APPOINTED, OR TRANSFERRED TO UNCLASSIFIED POSITIONS. SEE 5 COMP. GEN. 254; 6 ID. 69; ID. 118. IN VIEW OF THE CITED PROVISIONS OF LAW AND REGULATIONS UNDER WHICH THE DUTIES, RESPONSIBILITIES, AND COMPENSATION OF ACTING POSTMASTERS ARE THE SAME AS THOSE OF REGULAR POSTMASTERS, BOTH POSITIONS BEING UNCLASSIFIED, IT MUST BE HELD THAT ACTING POSTMASTERS, PROMOTED, APPOINTED, OR TRANSFERRED FROM CLASSIFIED POSITIONS, COME WITHIN THE TERMS OF THE RETIREMENT ACT AND THEIR COMPENSATION IS SUBJECT TO THE 3 1/2 PERCENT DEDUCTION FOR RETIREMENT. THE COMPENSATION OF THE TWO ACTING POSTMASTERS MENTIONED SHOULD BE ADJUSTED ACCORDINGLY.