A-25727, JANUARY 21, 1929, 8 COMP. GEN. 383

A-25727: Jan 21, 1929

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

COMPENSATION - ADVANCE PAYMENTS THE PAYMENT OF EMPLOYEES FOR THE LAST DAY OF THE MONTH ON THE DAY BEFORE THE LAST DAY OF THE MONTH IS A PAYMENT IN ADVANCE OF THE TIME AT WHICH THE RIGHT TO SUCH PAY ACCRUES AND IS IN VIOLATION OF SECTION 3648. EVEN THOUGH NO SERVICE IS REQUIRED OF THE EMPLOYEES ON THE LAST DAY OF THE MONTH BECAUSE IT FALLS ON A SUNDAY. OR A DAY WHEN THE YARD OR STATION IS CLOSED BY A COMPETENT ORDER. 1929: I HAVE YOUR LETTER OF JANUARY 11. AS FOLLOWS: TRANSMITTED HEREWITH IS A COPY OF A LETTER FROM THE PAYMASTER GENERAL OF THE NAVY RECOMMENDING A CHANGE IN THE METHOD OF PAYMENT OF CERTAIN EMPLOYEES AT THE NAVY YARDS AND NAVAL STATIONS WHEREBY PER ANNUM AND PER DIEM EMPLOYEES OF CLERICAL FORCES MAY BE PAID ON THE LAST WORKING DAY OF EACH MONTH WHERE THE LAST DAY OF THE MONTH FALLS ON A SUNDAY.

A-25727, JANUARY 21, 1929, 8 COMP. GEN. 383

COMPENSATION - ADVANCE PAYMENTS THE PAYMENT OF EMPLOYEES FOR THE LAST DAY OF THE MONTH ON THE DAY BEFORE THE LAST DAY OF THE MONTH IS A PAYMENT IN ADVANCE OF THE TIME AT WHICH THE RIGHT TO SUCH PAY ACCRUES AND IS IN VIOLATION OF SECTION 3648, REVISED STATUTES, EVEN THOUGH NO SERVICE IS REQUIRED OF THE EMPLOYEES ON THE LAST DAY OF THE MONTH BECAUSE IT FALLS ON A SUNDAY, A HOLIDAY, OR A DAY WHEN THE YARD OR STATION IS CLOSED BY A COMPETENT ORDER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 21, 1929:

I HAVE YOUR LETTER OF JANUARY 11, 1929, AS FOLLOWS:

TRANSMITTED HEREWITH IS A COPY OF A LETTER FROM THE PAYMASTER GENERAL OF THE NAVY RECOMMENDING A CHANGE IN THE METHOD OF PAYMENT OF CERTAIN EMPLOYEES AT THE NAVY YARDS AND NAVAL STATIONS WHEREBY PER ANNUM AND PER DIEM EMPLOYEES OF CLERICAL FORCES MAY BE PAID ON THE LAST WORKING DAY OF EACH MONTH WHERE THE LAST DAY OF THE MONTH FALLS ON A SUNDAY, ON A HOLIDAY, OR ON A DAY WHEN THE YARD OR STATION IS CLOSED BY EXECUTIVE OR OTHER COMPETENT ORDER.

THE PAYMASTER GENERAL RECOMMENDS THAT YOU APPROVE THE ISSUE OF AN ORDER TO DISBURSING OFFICERS TO MAKE PAYMENT FOR THE LAST HALF OF EACH MONTH TO THIS CLASS OF EMPLOYEES UPON THE LAST WORKING DAY OF THE MONTH WHERE THE LAST DAY OF THE MONTH FALLS ON SUNDAY, ON A HOLIDAY, OR ON A DAY WHEN THE YARD OR STATION IS CLOSED BY EXECUTIVE OR OTHER COMPETENT AUTHORITY. THIS REQUEST IS INDORSED BY THE NAVY DEPARTMENT.

SECTION 3648, REVISED STATUTES, PROHIBITS PAYMENT IN ADVANCE OF SERVICE RENDERED OR WORK PERFORMED. THE PAYMENT OF EMPLOYEES FOR THE LAST DAY OF A MONTH ON THE DAY BEFORE THE LAST DAY OF THE MONTH IS A PAYMENT IN ADVANCE OF THE TIME AT WHICH THE RIGHT TO SUCH PAY ACCRUES AND IS IN VIOLATION OF SECTION 3648, REVISED STATUTES, EVEN THOUGH NO SERVICE IS REQUIRED OF THE EMPLOYEES ON THE LAST DAY OF THE MONTH.

YOU ARE ADVISED THAT THE ISSUANCE OF THE ORDER RECOMMENDED BY THE PAYMASTER GENERAL IS NOT AUTHORIZED. SEE 11 COMP. DEC. 86.