A-30254, FEBRUARY 7, 1930, 9 COMP. GEN. 348

A-30254: Feb 7, 1930

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PAY - RETIRED - WARRANT AND COMMISSIONED WARRANT OFFICERS OF THE NAVY THE PAY OF RETIRED COMMISSIONED WARRANT OFFICERS OF THE NAVY WHO WERE PLACE ON THE RETIRED LIST PRIOR TO FEBRUARY 16. THE PAY OF RETIRED WARRANT OFFICERS OF THE NAVY WHO WERE PLACED ON THE RETIRED LIST PRIOR TO FEBRUARY 16. IS NOT CHANGED BY THE ACT OF FEBRUARY 16. WHETHER THE RETIRED PAY OF RETIRED WARRANT OFFICERS AND COMMISSIONED WARRANT OFFICERS WHO WERE PLACED ON THE RETIRED LIST PRIOR TO FEBRUARY 16. IS HEREBY FURTHER AMENDED BY STRIKING OUT IN PARAGRAPH 12 OF SECTION 1 OF SAID ACT THE FOLLOWING CLAUSE. THAT SEC. 7 OF THE SAID ACT IS HEREBY AMENDED BY SUBSTITUTING A COLON FOR THE PERIOD. PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS AUTHORIZED IN THIS ACT FOR ANY COMMISSIONED WARRANT OFFICER SHALL EXCEED $5000 A YEAR THE AMOUNT OF THE ALLOWANCE TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT ABOVE $5000.

A-30254, FEBRUARY 7, 1930, 9 COMP. GEN. 348

PAY - RETIRED - WARRANT AND COMMISSIONED WARRANT OFFICERS OF THE NAVY THE PAY OF RETIRED COMMISSIONED WARRANT OFFICERS OF THE NAVY WHO WERE PLACE ON THE RETIRED LIST PRIOR TO FEBRUARY 16, 1929, MAY BE COMPUTED FROM THAT DATE UPON THE RATES OF PAY AUTHORIZED FOR COMMISSIONED WARRANT OFFICERS IN THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, AMENDING THE ACT OF JUNE 10, 1922, 42 STAT. 627. THE PAY OF RETIRED WARRANT OFFICERS OF THE NAVY WHO WERE PLACED ON THE RETIRED LIST PRIOR TO FEBRUARY 16, 1929, IS NOT CHANGED BY THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, AMENDING THE ACT OF JUNE 10, 1922, 42 STAT. 627.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 7, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 16, 1930, REQUESTING DECISION OF THE QUESTION PRESENTED BY THE PAYMASTER GENERAL OF THE NAVY --

WHETHER THE RETIRED PAY OF RETIRED WARRANT OFFICERS AND COMMISSIONED WARRANT OFFICERS WHO WERE PLACED ON THE RETIRED LIST PRIOR TO FEBRUARY 16, 1929, MAY BE COMPUTED UPON THE RATES OF PAY AUTHORIZED FOR WARRANT AND COMMISSIONED WARRANT OFFICER IN THE ACT OF FEBRUARY 16, 1929.

THE CITED ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, PROVIDES:

THAT THE ACT ENTITLED "AN ACT TO READJUST THE PAY AND ALLOWANCES OF COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED JUNE 10, 1922, AS AMENDED, IS HEREBY FURTHER AMENDED BY STRIKING OUT IN PARAGRAPH 12 OF SECTION 1 OF SAID ACT THE FOLLOWING CLAUSE, LINES 12, 13, 14, AND 15 OF SAID PARAGRAPH, VOLUME 42 STATUTES AT LARGE, PAGE 627,"COMMISSIONED WARRANT OFFICER ON THE ACTIVE LIST WITH CREDITABLE RECORDS SHALL, AFTER SIX YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE SECOND PERIOD, AND AFTER TWELVE YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE THIRD PERIOD," AND INSERTING IN LIEU THEREOF THE FOLLOWING:

"COMMISSIONED WARRANT OFFICERS WITH CREDITABLE RECORDS ON THE ACTIVE LIST SHALL RECEIVE PAY AS FOLLOWS: DURING THE FIRST TEN YEARS OF COMMISSIONED SERVICE, THE PAY OF THE SECOND PERIOD; AFTER TEN YEARS COMMISSIONED SERVICE, THE PAY OF THE THIRD PERIOD; AFTER TWENTY YEARS OF COMMISSIONED SERVICE, THE PAY OF THE FOURTH PERIOD.'

SEC. 2. THAT SEC. 7 OF THE SAID ACT IS HEREBY AMENDED BY SUBSTITUTING A COLON FOR THE PERIOD, VOLUME 42, STATUTES AT LARGE, PAGE 629, LINE 4, AND ADDING THE FOLLOWING PROVISO AT THE END OF SAID PARAGRAPH:

"PROVIDED FURTHER, THAT WHEN THE TOTAL BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS AUTHORIZED IN THIS ACT FOR ANY COMMISSIONED WARRANT OFFICER SHALL EXCEED $5000 A YEAR THE AMOUNT OF THE ALLOWANCE TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT ABOVE $5000, AND THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER RECEIVING THE PAY AND ALLOWANCES OF THE SECOND PAY PERIOD SHALL NOT EXCEED $3,158 A YEAR FOR THE FIRST THREE YEARS OF COMMISSIONED SERVICE, $3,258 A YEAR FOR THE NEXT THREE YEARS OF COMMISSIONED SERVICE, $3,358 A YEAR FOR THE NEXT THREE YEARS, AND $3,458 A YEAR FROM NINE TO TEN YEARS' COMMISSIONED SERVICE.'

SEC. 3. THAT SECTION 10 OF SAID ACT IS HEREBY AMENDED BY STRIKING OUT IN PARAGRAPH 1, LINES 1, 2, 3, 4, AND 5 OF SAID PARAGRAPH, VOLUME 42, STATUTES AT LARGE, PAGE 630, THE FOLLOWING:

"THAT ON AND AFTER JULY 1, 1922, THE MONTHLY BASE PAY OF WARRANT OFFICERS OF THE NAVY AND COAST GUARD SHALL BE AS FOLLOWS: DURING THE FIRST SIX YEARS OF SERVICE AT SEA, $153; ON SHORE $135; DURING THE SECOND SIX YEARS OF SERVICE AT SEA, $168; ON SHORE $147; AFTER TWELVE YEARS AT SEA, $189; ON SHORE $168," AND INSERTING IN LIEU THEREOF THE FOLLOWING:

"THAT HEREAFTER THE MONTHLY BASE PAY OF WARRANT OFFICERS OF THE NAVY AND COAST GUARD SHALL BE AS FOLLOWS: DURING THE FIRST SIX YEARS OF SERVICE, $153; DURING THE SECOND SIX YEARS OF SERVICE $168; AFTER TWELVE YEARS OF SERVICE, $189.'

SEC. 4. THAT NOTHING CONTAINED HEREIN SHALL BE CONSTRUED SO AS TO REDUCE THE PAY, ALLOWANCES, EMOLUMENTS, OR OTHER BENEFITS, INCLUDING THE BENEFITS OF THE ACT OF JUNE 10, 1926, FORTY-FOURTH STATUTES AT LARGE PAGE 725, THAT ANY PERSON NOW IN THE SERVICE IS RECEIVING AT THE DATE OF THE PASSAGE OF THIS ACT.

THE ACT OF AUGUST 5, 1882, 22 STAT. 286, PROVIDES:

* * * HEREAFTER THERE SHALL BE NO PROMOTION OR INCREASE OF PAY IN THE RETIRED LIST OF THE NAVY BUT THE RANK AND PAY OF OFFICER ON THE RETIRED LIST SHALL BE THE SAME THAT THEY ARE WHEN SUCH OFFICERS SHALL BE RETIRED.

IN SECTION 13 OF THE NAVY PERSONNEL ACT OF MARCH 3, 1899, 30 STAT. 1007 IT WAS PROVIDED:

* * * THAT NOTHING IN THIS ACT SHALL OPERATE TO INCREASE OR REDUCE THE PAY OF ANY OFFICER NOW ON THE RETIRED LIST. * * *.

THE ACT OF MAY 13, 1908, 35 STAT. 127, ET. SEQ., INCREASED THE PAY OF THE NAVY PERSONNEL ON THE ACTIVE LIST, AND IT WAS PROVIDED THEREIN, PAGE 128:

* * * THE PAY OF ALL COMMISSIONED, WARRANT, AND APPOINTED OFFICERS AND ENLISTED MEN OF THE NAVY NOW ON THE RETIRED LIST SHALL BE BASED ON THE PAY, AS HEREIN PROVIDED FOR, OR COMMISSIONED, WARRANT AND APPOINTED OFFICERS AND ENLISTED MEN OF CORRESPONDING RANK AND SERVICE ON THE ACTIVE LIST; * * *

THE ACT OF JUNE 10, 1922, 42 STAT. 625 ET SEQ., EFFECTIVE JULY 1, 1922 ESTABLISHED NEW RATES OF PAY FOR THE OFFICERS OF THE DIFFERENT SERVICES THEREIN MENTIONED INCLUDING WARRANT AND COMMISSIONED WARRANT OFFICERS OF THE NAVY. IN THE TENTH PARAGRAPH OF SECTION 1 OF THAT ACT, IT WAS PROVIDED:

* * * NOTHING CONTAINED IN THE FIRST SENTENCE OF SECTION 17 OR IN ANY OTHER SECTION OF THIS ACT SHALL AUTHORIZE AN INCREASE IN THE PAY OF OFFICERS OR WARRANT OFFICERS ON THE RETIRED LIST ON JUNE 30, 1922.

THE FIRST SENTENCE OF SEC. 17 OF THAT ACT, SO REFERRED TO, PROVIDES:

THAT ON AND AFTER JULY 1, 1922, RETIRED OFFICERS AND WARRANT OFFICER SHALL HAVE THEIR RETIRED PAY * * *, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT: PROVIDED, THAT NOTHING CONTAINED IN THIS ACT SHALL OPERATE TO REDUCE THE PRESENT PAY OF OFFICERS AND ENLISTED MEN NOW ON THE RETIRED LIST * * * OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. * * *

THE EFFECT OF THE PROVISION IN THE TENTH PARAGRAPH OF SECTION 1 WAS TO DENY TO THE OFFICERS RETIRED PRIOR TO JULY 1, 1922, THE BENEFIT OF THE PROVISION OF SEC. 17, AND THEIR RETIRED PAY CONTINUED THE SAME AS BEFORE COMPUTED ON THE BASIS OF PAY IN EFFECT PRIOR TO JULY 1, 1922, WHILE THE RETIRED PAY OF OFFICERS RETIRED ON AND AFTER JULY 1, 1922, WAS COMPUTED ON THE BASIS OF PAY PROVIDED IN THE ACT OF JUNE 10, 1922. THIS SITUATION CONTINUED UNTIL THE PASSAGE OF THE ACT OF MAY 8, 1926, 44 STAT. 417, WHICH PROVIDES:

THAT HEREAFTER THE RETIRED PAY OF THE OFFICERS AND WARRANT OFFICER OF THE ARMY, NAVY, MARINE CORPS. COAST GUARD, COAST AND GEODETIC SURVEY AND THE PUBLIC HEALTH SERVICE, WHO WERE RETIRED ON OR BEFORE JUNE 30, 1922, SHALL NOT BE LESS THAN THAT PROVIDED FOR THE OFFICERS AND WARRANT OFFICERS OF THESE SERVICES OF EQUAL RANK AND LENGTH OF SERVICE RETIRED SUBSEQUENT TO THAT DATE: PROVIDED, THAT NOTHING IN THIS ACT SHALL OPERATE TO REDUCE THE PAY OF ANY OFFICER OR WARRANT OFFICER NOW ON THE RETIRED LIST.

SEC. 2. THAT ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH THIS ACT ARE HEREBY REPEALED.

THE ACT OF MAY 8, 1926, OPERATED TO REPEAL THE SENTENCE CONTAINED IN THE TENTH PARAGRAPH OF SECTION 1 OF THE ACT OF JUNE 10, 1922, QUOTED ABOVE, AND GAVE TO THE OFFICERS RETIRED PRIOR TO JULY 1, 1922, THE SAME RIGHT FROM MAY 8, 1926, OF HAVING THEIR RETIRED PAY COMPUTED ON THE BASIS OF PAY PROVIDED BY THE ACT OF JUNE 10, 1922, AS THE OFFICER HAD WHO WERE RETIRED ON AND SUBSEQUENT TO JULY 1, 1922, 6 COMP. GEN. 281, 379.

THE PAY PROVIDED FOR COMMISSIONED WARRANT OFFICERS IN THE ACT OF JUNE 10, 1922, IS THE PAY EXPRESSLY SET FORTH IN SECTION 1 THEREOF, AND THE ACT OF FEBRUARY 16, 1929, INCREASED THE PAY OF ALL WITHIN ITS SCOPE, INCLUDING THOSE THERETOFORE RETIRED, FROM THE DATE OF THE ACT WHEN IT BECAME EFFECTIVE. 8 COMP. GEN. 75.

THE QUESTION SUBMITTED AS TO WARRANT OFFICERS IS NOT UNDERSTOOD. THE ACT OF FEBRUARY 16, 1929, ELIMINATED IN EACH OF THE THREE PAY GRADES OF WARRANT OFFICERS, THE FORMER RATE OF PAY FOR SHORE DUTY AND PRESCRIBED THE FORMER RATE OF PAY FOR SEA DUTY AS THE RATE OF PAY THEREAFTER FOR BOTH SHORE AND SEA DUTY. THAT IS TO SAY, THE RATE OF PAY PRESCRIBED IN THE ACT OF FEBRUARY 16, 1929, FOR EACH PAY GRADE OF WARRANT OFFICER IS THE SAME AMOUNT AS WAS PRESCRIBED IN THE ACT OF JUNE 10, 1922, FOR SEA DUTY. THE EFFECT WAS TO INCREASE THE RATES OF PAY FOR SHORE DUTY AND TO MAKE NO CHANGE IN THE RATES OF PAY FOR SEA DUTY. SEE 8 COMP. GEN. 539. THE RETIRED PAY OF A WARRANT OFFICER IS BASED ON THE "SEA PAY" OR THE "HIGHEST PAY" OF HIS GRADE. SECTION 1588, REVISED STATUTES; ACT MAY 13, 1908, 35 STAT. 128.

AS THE RATES OF "SEA" PAY FOR WARRANT OFFICERS, ON WHICH RETIRED PAY IS COMPUTED UNDER THE ACT OF JUNE 10, 1922, ARE THE SAME AS THE RATES OF PAY PRESCRIBED IN THE ACT OF FEBRUARY 16, 1929, IT IS IMMATERIAL UNDER WHICH ACT THE RETIRED PAY IS COMPUTED, THE RESULT IN EITHER CASE BEING THE SAME.

ANSWERING THE QUESTION SPECIFICALLY, YOU ARE ADVISED THAT THE RETIRED PAY OF RETIRED COMMISSIONED WARRANT OFFICERS WHO WERE PLACED ON THE RETIRED LIST PRIOR TO FEBRUARY 16, 1929, MAY BE COMPUTED FROM THAT DATE UPON THE RATES OF PAY AUTHORIZED FOR COMMISSIONED WARRANT OFFICERS IN THE ACT OF FEBRUARY 16, 1929, AND THAT THE RETIRED PAY OF RETIRED WARRANT OFFICERS WHO WERE PLACED ON THE RETIRED LIST PRIOR TO FEBRUARY 16, 1929, IS NOT CHANGED BY THE ACT OF THAT DATE.