A-32524, JULY 25, 1930, 10 COMP. GEN. 36

A-32524: Jul 25, 1930

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IS THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE OFFICER OR EMPLOYEE BECOMES ELIGIBLE FOR RETIREMENT. WHERE RETIREMENT IS IN THE ADMINISTRATIVE DISCRETION AFTER BECOMING ELIGIBLE. IF A LATER FIRST DAY OF A MONTH IS FIXED. THE PURPOSE AND INTENT OF SAID STATUTE IS FULFILLED IF THE RETIREMENT IS MADE EFFECTIVE ON THE FIRST DAY OF THE MONTH SO ADMINISTRATIVELY FIXED. AS FOLLOWS: THERE IS FORWARDED HEREWITH A COPY OF A LETTER DATED JUNE 30. PARTICULAR ATTENTION IS INVITED TO CASES 12 AND 15 APPEARING ON PAGE 4 OF THE INCLOSURE. FROM WHICH IT WILL BE NOTED THAT THE APPLICATIONS OF CAPT. FOR TRANSFER TO THE RETIRED LIST AFTER 30 YEARS' SERVICE WERE RECOMMENDED FOR APPROVAL BY THE SECRETARY OF THE NAVY EFFECTIVE SEPTEMBER 1.

A-32524, JULY 25, 1930, 10 COMP. GEN. 36

RETIREMENT - UNIFORM RETIREMENT DATE - ADMINISTRATIVE DISCRETION IN CASES WHERE THE CONTROLLING STATUTE AUTHORIZES FIXING THE EFFECTIVE DATE OF RETIREMENT OF AN OFFICER OR EMPLOYEE BY ADMINISTRATIVE ACTION AND/OR PRESIDENTIAL APPROVAL, THE EARLIEST EFFECTIVE DATE FOR RETIREMENT THAT MAY BE FIXED ADMINISTRATIVELY UNDER THE PROVISIONS OF THE ACT OF APRIL 23, 1930 (46 STAT. 253), IS THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE OFFICER OR EMPLOYEE BECOMES ELIGIBLE FOR RETIREMENT, BUT WHERE RETIREMENT IS IN THE ADMINISTRATIVE DISCRETION AFTER BECOMING ELIGIBLE, IF A LATER FIRST DAY OF A MONTH IS FIXED, THE PURPOSE AND INTENT OF SAID STATUTE IS FULFILLED IF THE RETIREMENT IS MADE EFFECTIVE ON THE FIRST DAY OF THE MONTH SO ADMINISTRATIVELY FIXED, RATHER THAN THE FIRST DAY OF THE FOLLOWING MONTH.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 25, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 3, 1930, AS FOLLOWS:

THERE IS FORWARDED HEREWITH A COPY OF A LETTER DATED JUNE 30, 1930, FROM THE SECRETARY OF THE NAVY TO THE PRESIDENT, TRANSMITTING FOR THE CONSIDERATION AND ACTION OF THE PRESIDENT THE RECORDS AND PAPERS LISTED THEREIN, TOGETHER WITH THE RECOMMENDATION OF THE SECRETARY OF THE NAVY AS TO THE ACTION TO BE TAKEN IN EACH CASE. THE PRESIDENT'S ACTION, DATED JULY 1, 1930, APPEARS ON PAGE 6 OF THE INCLOSURE.

PARTICULAR ATTENTION IS INVITED TO CASES 12 AND 15 APPEARING ON PAGE 4 OF THE INCLOSURE, FROM WHICH IT WILL BE NOTED THAT THE APPLICATIONS OF CAPT. FRANCK T. EVANS, U.S. NAVY, AND COMMANDER WILLIAM H. TOAZ, U.S. NAVY, FOR TRANSFER TO THE RETIRED LIST AFTER 30 YEARS' SERVICE WERE RECOMMENDED FOR APPROVAL BY THE SECRETARY OF THE NAVY EFFECTIVE SEPTEMBER 1, 1930, AND NOVEMBER 1, 1930, RESPECTIVELY, AND THAT SUCH RECOMMENDATIONS HAVE BEEN APPROVED BY THE PRESIDENT.

IN VIEW OF THE PRESIDENT'S ACTION IN THE CASES OF CAPTAIN EVANS AND COMMANDER TOAZ, THE NAVY DEPARTMENT REQUESTS AN ADVANCE DECISION BY THE COMPTROLLER GENERAL OF THE UNITED STATES UPON THE QUESTION AS TO THE EFFECTIVE DATE OF RETIREMENT FOR PAY PURPOSES OF CAPTAIN EVANS AND COMMANDER TOAZ UNDER THE ACT OF APRIL 23, 1930 (PUBLIC, NO. 165-71ST CONGRESS), PROVIDING FOR A UNIFORM RETIREMENT DATE FOR ALL FEDERAL PERSONNEL.

THE ACT OF APRIL 23, 1930 (46 STAT. 253), FIXES "THE 1ST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE" AS THE EFFECTIVE DATE OF ALL RETIREMENTS IN THE FEDERAL SERVICE. THE PRIMARY PURPOSE WAS TO FIX A UNIFORM RETIREMENT DATE ON THE FIRST DAY OF A MONTH. THE EARLIEST RETIREMENT DATE AUTHORIZED WHERE THERE IS AN ADMINISTRATIVE DISCRETION WOULD BE THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE OFFICER OR EMPLOYEE BECOMES ELIGIBLE FOR RETIREMENT. IN CASES WHERE THE CONTROLLING STATUTE AUTHORIZES THE FIXING OF AN EFFECTIVE DATE OF RETIREMENT BY ADMINISTRATIVE ACTION AND/OR PRESIDENTIAL APPROVAL, RATHER THAN UPON THE HAPPENING OF SOME CONTINGENCY, AND A DAY IS ADMINISTRATIVELY FIXED ON THE FIRST DAY OF A MONTH LATER THAN THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE EMPLOYEE FIRST BECOMES ELIGIBLE, THE PURPOSE AND INTENT OF THE ACT OF APRIL 23, 1930, HAS BEEN FULFILLED IF RETIREMENT IS MADE EFFECTIVE ON THE FIRST DAY OF THE MONTH FIXED BY ADMINISTRATIVE AUTHORITY, RATHER THAN THE FIRST DAY OF THE FOLLOWING MONTH.

YOU ARE ADVISED, THEREFORE, THAT THE RETIREMENT OF CAPTAIN EVANS WILL BE EFFECTIVE SEPTEMBER 1, 1930, AND THAT OF COMMANDER TOAZ NOVEMBER 1, 1930; THAT IS TO SAY, THE RETIRED PAY WILL BEGIN ON SAID DATES, RESPECTIVELY.