A-27728, AUGUST 5, 1929, 9 COMP. GEN. 49

A-27728: Aug 5, 1929

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MUST BE SO ADJUSTED THAT WERE THE CONDITIONS TO CONTINUE FOR A YEAR THE OFFICER'S PAY WOULD EXACTLY EQUAL THE STATUTORY LIMIT. HOLDING THAT THE SAID LIMITATIONS WERE APPLICABLE TO COMMISSIONED WARRANT OFFICERS ENTITLED TO THE SAVED PAY OF A WARRANT OFFICER. THE PAYMASTER GENERAL STATES: * * * IT IS REQUESTED THAT A DECISION BE OBTAINED AS TO THE PROPER RATE OF PAY OF A COMMISSIONED WARRANT OFFICER DRAWING THE SAVED PAY OF A WARRANT OFFICER AFTER 12 YEARS' SERVICE. IT WILL BE NOTED THAT IN EXAMPLE (A) IF ONE-HALF OF THE PAY AND ONE- HALF OF THE RENTAL ALLOWANCE IS ALLOWED AND SUBSISTENCE ALLOWANCE AT THE RATE OF $1.20 PER DAY FOR 13 DAYS. CASE (B) IF THE RENTAL ALLOWANCE IS REDUCED FIRST BY $14 ON THE BASIS OF ONE MONTH.

A-27728, AUGUST 5, 1929, 9 COMP. GEN. 49

PAY - FRACTIONAL MONTHS - COMMISSIONED WARRANT OFFICER OF THE NAVY THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER OF THE NAVY UNDER THE LIMITATIONS PRESCRIBED IN SECTION 2 OF THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1187, FOR FRACTIONAL PORTIONS OF 28, 29, OR 31 DAY MONTHS, MUST BE SO ADJUSTED THAT WERE THE CONDITIONS TO CONTINUE FOR A YEAR THE OFFICER'S PAY WOULD EXACTLY EQUAL THE STATUTORY LIMIT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 5, 1929:

THERE HAS BEEN RECEIVED YOUR 1ST INDORSEMENT OF JULY 12, 1929, REQUESTING DECISION OF THE QUESTION SUBMITTED IN LETTER OF THE PAYMASTER GENERAL OF THE NAVY DATED JULY 6, 1929, AS TO THE PROPER METHOD OF COMPUTING THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER DURING HIS SECOND THREE YEARS OF COMMISSIONED SERVICE FOR THE PERIOD FEBRUARY 16 TO 28.

REFERRING TO THE DECISION OF THIS OFFICE OF APRIL 12, 1929, A-26094, HOLDING THAT UNDER THE LIMITATIONS PRESCRIBED IN SECTION 2 OF THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1187, THE TOTAL PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER DURING HIS FIRST THREE YEARS OF COMMISSIONED SERVICE MAY NOT EXCEED $260.26 FOR A 28 (OR 29) DAY MONTH, $262.66 FOR A 30-DAY MONTH, OR $263.87 FOR A 31-DAY MONTH; DURING THE SECOND THREE YEARS OF COMMISSIONED SERVICE MAY NOT EXCEED $268.60 FOR A 28 (OR 29) DAY MONTH, $271 FOR A 30-DAY MONTH, OR $272.20 FOR A 31 DAY MONTH, ETC., AND TO THE DECISION OF JUNE 29, 1929, A-27728, HOLDING THAT THE SAID LIMITATIONS WERE APPLICABLE TO COMMISSIONED WARRANT OFFICERS ENTITLED TO THE SAVED PAY OF A WARRANT OFFICER, THE PAYMASTER GENERAL STATES:

* * * IT IS REQUESTED THAT A DECISION BE OBTAINED AS TO THE PROPER RATE OF PAY OF A COMMISSIONED WARRANT OFFICER DRAWING THE SAVED PAY OF A WARRANT OFFICER AFTER 12 YEARS' SERVICE, FOR THE MONTH OF FEBRUARY. THERE APPEARS TO BE TWO METHODS OF ARRIVING AT THE RATE OF PAY OF A CHIEF WARRANT OFFICER UNDER THESE CONDITIONS, TO WIT:

TABLE

(A) FROM FEBRUARY 16 TO FEBRUARY 28, PAY AT $189.00 PER MONTH;

1/2 EQUALS -------------------------------------------- $94.50

RENTAL ALLOWANCE AT $60 PER MONTH; 1/2 EQUALS ------------- 30.00

SUBSISTENCE ALLOWANCE FEBRUARY 16 TO 28 AT $1.20 A DAY ----- 15.60

TOTAL ------------------------------------------------- 140.10

MONTHLY LIMITATION $268.60; 1/2 EQUALS -------------------- 134.30

DIFFERENCE -------------------------------------------- 5.80

(B) FEBRUARY 16 TO FEBRUARY 28, PAY AT $189.00 PER MONTH;

1/2 EQUALS -------------------------------------------- 94.50

RENTAL ALLOWANCE AT $46 (REDUCED BY LIMITATION);

1/2 EQUALS --------------------------------------------23.00

SUBSISTENCE ALLOWANCE FEBRUARY 16 TO 28 AT $1.20 A DAY ----- 15.60

TOTAL ------------------------------------------------- 133.10

2. IT WILL BE NOTED THAT IN EXAMPLE (A) IF ONE-HALF OF THE PAY AND ONE- HALF OF THE RENTAL ALLOWANCE IS ALLOWED AND SUBSISTENCE ALLOWANCE AT THE RATE OF $1.20 PER DAY FOR 13 DAYS, TOTAL PAY EQUALS $140.10. ONE HALF OF THE MONTHLY LIMITED RATE OF $268.60 EQUALS $134.30. THE DIFFERENCE, $5.80, WOULD BE REQUIRED TO BE DEDUCTED FROM THE RENTAL ALLOWANCE. CASE (B) IF THE RENTAL ALLOWANCE IS REDUCED FIRST BY $14 ON THE BASIS OF ONE MONTH, AND $23 IS ALLOWED AS RENTAL ALLOWANCE FOR THE LAST HALF OF FEBRUARY, TOTAL PAY AND ALLOWANCES FOR THAT PERIOD WOULD BE $133.10, OR A DIFFERENCE OF $1.20 IN THE TWO METHODS. IT IS REQUESTED THAT A DECISION BE OBTAINED WHETHER A CHIEF WARRANT OFFICER, WITH DEPENDENTS, DRAWING THE SAVED PAY OF A WARRANT OFFICER IS ENTITLED TO PAY AND ALLOWANCES NOT TO EXCEED $134.30 UNDER METHOD (A) OR $133.10 UNDER METHOD (B) FOR THE PERIOD FROM FEBRUARY 16 TO FEBRUARY 28.

THE EXAMPLE SUBMITTED IS THAT OF A COMMISSIONED WARRANT OFFICER WITH DEPENDENTS DURING HIS SECOND THREE YEARS OF COMMISSIONED SERVICE WHO IS ENTITLED TO THE SAVED PAY OF A WARRANT OFFICER AFTER 12 YEARS' SERVICE, $189 PER MONTH, WHOSE TOTAL PAY AND ALLOWANCES MAY NOT EXCEED $3,258 A YEAR, OR $268.60 FOR THE MONTH OF FEBRUARY. THE QUESTION PRESENTED IS HOW THE AMOUNT OF $268.60 SHOULD BE DIVIDED BETWEEN THE FIRST AND SECOND HALF OF THE MONTH. WHERE THE STATUTE FIXES A MAXIMUM FOR PAY, RENTAL, AND SUBSISTENCE ALLOWANCES, IT HAS BEEN CUSTOMARY IN THE COMPUTATION TO REDUCE THE RENTAL ALLOWANCE FIRST TO BRING THE TOTAL WITHIN THE STATUTORY LIMIT. SEE A-25612, JANUARY 15, 1929, TO THE SECRETARY OF WAR. AND FOR FRACTIONAL PORTIONS OF 28, 29, OR 31 DAY MONTHS THE PAYMENT MUST BE SO ADJUSTED THAT WERE THE CONDITIONS TO CONTINUE FOR A YEAR THE OFFICER'S PAY WOULD EXACTLY EQUAL THE STATUTORY LIMIT. TO ASCERTAIN THE CORRECT PROCEDURE FOR THE FRACTIONAL PERIOD THEREFORE REQUIRES CONSIDERATION OF THE ENTIRE MONTH. IN THE CASE PRESENTED THE CORRECT PAYMENT IS ASCERTAINED AS FOLLOWS:

TABLE FEB. 1 TO 15:

PAY AT $189 PER MONTH; 1/2 EQUALS --------------- $94.50

RENTAL ALLOWANCE AT ($60 PER MONTH REDUCED BY

LIMITATION TO) $46; 1/2 EQUALS ---------------- 23.00

SUBSISTENCE ALLOWANCE, 15 DAYS AT $1.20 ---------- 18.00

------- $135.50 FEB. 16 TO 28:

PAY AT $189 PER MONTH; 1/2 EQUALS --------------- 94.50

RENTAL ALLOWANCE AT ($60 PER MONTH REDUCED BY

LIMITATION TO) $46; 1/2 EQUALS ---------------- 23.00

SUBSISTENCE ALLOWANCE, 13 DAYS AT $1.20 ---------- 15.60

------- 133.10

TOTAL FOR THE MONTH ------------------------------------ 268.60

THIS CONFORMS TO THE PROCEDURE SUGGESTED BY THE PAYMASTER GENERAL AS "/B).' THE QUESTION SUBMITTED IS ANSWERED ACCORDINGLY.