A-25064, NOVEMBER 16, 1928, 8 COMP. GEN. 260

A-25064: Nov 16, 1928

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ARE TO BE BASED ON THE SALARY RATE RECEIVED OR AUTHORIZED TO BE RECEIVED JUNE 30. IT IS DISCLOSED THAT ROVENA WALKER. WAS GIVEN PROMOTION EFFECTIVE JULY 1 FROM $600 TO $630 PER ANNUM. HER RATE OF PAY WAS CHANGED FROM $630 TO $660 PER ANNUM. IT BEING NOTED ON THE PAY ROLL THAT THE CHANGE WAS MADE "UNDER THE PROVISIONS OF SECTION 3 OF THE WELCH BILL.'. THE INCREASE WAS LATER MADE EFFECTIVE AS OF JULY 1. ARE TO BE BASED ON THE GRADE AND/OR SALARY RATE HELD JUNE 30. IN THE DISTRICT OF COLUMBIA ALL ADJUSTMENTS UNDER THE WELCH ACT WERE REQUIRED TO BE MADE EFFECTIVE JULY 1. ALTHOUGH THE EFFECTIVE DATE OF THE ADJUSTMENT IS REQUIRED TO BE SUBSEQUENT TO JULY 1. IS THE SALARY RATE ACTUALLY RECEIVED OR AUTHORIZED TO BE RECEIVED JUNE 30.

A-25064, NOVEMBER 16, 1928, 8 COMP. GEN. 260

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPLICATION OF ACT OF MAY 28, 1928 - FIELD SERVICE ADJUSTMENTS MADE BY AN ADMINISTRATIVE OFFICE IN THE COMPENSATION RATES OF FIELD EMPLOYEES OR POSITIONS UNDER SECTION 3 OF THE ACT OF MAY 28, 1928, 45 STAT. 785, EFFECTIVE EITHER ON OR AFTER JULY 1, 1928, ARE TO BE BASED ON THE SALARY RATE RECEIVED OR AUTHORIZED TO BE RECEIVED JUNE 30, 1928, AND NOT ON INCREASES IN COMPENSATION BY PROMOTION MADE BY THE ADMINISTRATIVE OFFICE EFFECTIVE JULY 1, 1928, OR THEREAFTER INDEPENDENT OF THE ACT OF MAY 28, 1928.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 16, 1928:

IN THE AUDIT OF THE ACCOUNTS OF CHARLES L. SHERIDAN, COLLECTOR OF CUSTOMS, SHERIDAN, WYO., IT IS DISCLOSED THAT ROVENA WALKER, CHARWOMAN, PAY ROLLS OF THE CUSTODIAN SERVICE, TREASURY DEPARTMENT, WAS GIVEN PROMOTION EFFECTIVE JULY 1 FROM $600 TO $630 PER ANNUM, AND THAT, EFFECTIVE JULY 16, HER RATE OF PAY WAS CHANGED FROM $630 TO $660 PER ANNUM, IT BEING NOTED ON THE PAY ROLL THAT THE CHANGE WAS MADE "UNDER THE PROVISIONS OF SECTION 3 OF THE WELCH BILL.' THE INCREASE WAS LATER MADE EFFECTIVE AS OF JULY 1, 1928, BY PAYMENT ON THE AUGUST 1 TO AUGUST 15, 1928, PAY ROLL OF THE DIFFERENCE BETWEEN THE OLD AND NEW RATES FROM JULY 1 TO 15, 1928.

THE ADJUSTMENTS IN COMPENSATION RATES AUTHORIZED OR REQUIRED UNDER THE WELCH ACT, WHETHER IN THE DISTRICT OF COLUMBIA OR IN THE FIELD SERVICE, ARE TO BE BASED ON THE GRADE AND/OR SALARY RATE HELD JUNE 30, 1928. COMP. GEN. 808. IN THE DISTRICT OF COLUMBIA ALL ADJUSTMENTS UNDER THE WELCH ACT WERE REQUIRED TO BE MADE EFFECTIVE JULY 1, 1928. IN THE FIELD SERVICE ADJUSTMENTS MAY BE MADE SUBSEQUENT TO JULY 1, 1928. SEE DECISION OF SEPTEMBER 29, 1928, A-24418, 8 COMP. GEN. 154, ADDRESSED TO THE DIRECTOR OF THE VETERANS' BUREAU. BUT EVEN IN SUCH CASES, AND ALTHOUGH THE EFFECTIVE DATE OF THE ADJUSTMENT IS REQUIRED TO BE SUBSEQUENT TO JULY 1, 1928, UNDER THE ADMINISTRATIVE ACTION, THE BASIS OF THE ADJUSTMENTS IN SALARY RATES MADE SUBSEQUENT TO JULY 1, 1928, IN THE FIELD SERVICE, IS THE SALARY RATE ACTUALLY RECEIVED OR AUTHORIZED TO BE RECEIVED JUNE 30, 1928. IN OTHER WORDS, THE ADJUSTMENTS MADE SUBSEQUENT TO JULY 1, 1928, IN THE FIELD SERVICE MAY NOT BE BASED ON INCREASES IN COMPENSATION BY PROMOTION MADE BY THE ADMINISTRATIVE OFFICE INDEPENDENT OF THE WELCH ACT EFFECTIVE JULY 1, 1928, OR THEREAFTER.

THUS, IN THIS CASE THE EMPLOYEE WAS RECEIVING ON JUNE 30, 1928, SALARY AT THE RATE OF $600 PER ANNUM, NOT $630 PER ANNUM. THEREFORE, THE WELCH ACT ADJUSTMENT, IF ANY, IS REQUIRED TO BE BASED ON THE $600 SALARY RATE, AND THE INCREASE MAY NOT EXCEED THAT INDICATED IN THE COMPARATIVE SCHEDULE APPEARING IN DECISION OF THIS OFFICE DATED JUNE 2, 1928, 7 COMP. GEN. 760, FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. SEE DECISION OF NOVEMBER 5, 1928, A-24410, 8 COMP. GEN. 229.

REFERRING TO SAID COMPARATIVE SCHEDULE, THE ONLY SALARY RATE IN THE OLD SCHEDULE AT $600 PER ANNUM IS THE MINIMUM OF GRADE CU 1. THE CORRESPONDING SALARY RATE IN THE NEW SCHEDULE UNDER THE WELCH ACT IS ALSO $600 PER ANNUM, NO INCREASE HAVING BEEN AUTHORIZED FOR POSITIONS PAID AT THE MINIMUM SALARY RATE OF GRADE CU 1. 7 COMP. GEN. 766. THEREFORE, NO INCREASE WAS AUTHORIZED FOR THIS EMPLOYEE SOLELY ON THE BASIS OF THE WELCH ACT, AND THE AMOUNT OF THE INCREASE GIVEN TO THE EMPLOYEE MAY NOT BE INCLUDED IN THE AMOUNT OF THE DEFICIENCY TO BE SUBMITTED TO THE CONGRESS FOR AN APPROPRIATION.

ACCORDINGLY, THE AMOUNT OF THE INCREASE WILL BE DISALLOWED IN THE ACCOUNTS IN THE ABSENCE OF AN ADMINISTRATIVE CERTIFICATE TO THE EFFECT THAT THE CURRENT APPROPRIATION FOR SALARIES UNDER THE CUSTODIAN SERVICE, TREASURY DEPARTMENT, IS SUFFICIENT TO COVER NOT ONLY THE INCREASE FROM $600 TO $630, BUT, ALSO, THE INCREASE FROM $630 TO$660. SEE DECISION OF NOVEMBER 5, 1928, A-24410.