A-32855, AUGUST 8, 1930, 10 COMP. GEN. 65

A-32855: Aug 8, 1930

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WERE ENTITLED TO THE SAME EFFECTIVE RETROACTIVELY FROM JULY 1. WAS REINSTATED IN THE ORDNANCE DEPARTMENT AT LARGE. WAS ENTITLED TO A TWO STEP INCREASE ON JULY 1. SHE IS NOT NOW ENTITLED TO ANY INCREASE UNDER THE ACT OF JULY 3. WHERE A FIELD EMPLOYEE OF THE VETERANS' BUREAU WAS ENTITLED TO ONLY ONE STEP INCREASE UNDER THE ACT OF MAY 28. SHE IS NOW ENTITLED TO ONE STEP INCREASE UNDER THE ACT OF JULY 3. 1930: I HAVE YOUR LETTER OF JULY 30. BURNS WAS OCCUPYING THE POSITION OF CLERK IN THE U.S. IT IS THE UNDERSTANDING OF THIS OFFICE THAT ORIGINALLY THE INCREASES UNDER THE WELCH ACT DID NOT BECOME EFFECTIVE IN THE VETERANS' BUREAU UNTIL SEPTEMBER 1. THAT LATER THE INCREASES WERE MADE RETROACTIVE TO JULY 1.

A-32855, AUGUST 8, 1930, 10 COMP. GEN. 65

CLASSIFICATION OF CIVILIAN EMPLOYEES - ADJUSTMENTS UNDER THE BROOKHART SALARY ACT FIELD EMPLOYEES OF THE VETERANS' BUREAU ENTITLED TO SALARY INCREASES AUTHORIZED BY SECTION 3 OF THE ACT OF MAY 28, 1928, 45 STAT. 785, WERE ENTITLED TO THE SAME EFFECTIVE RETROACTIVELY FROM JULY 1, 1928, UNDER THE PROVISO IN THE ACT OF MARCH 4, 1929, 45 STAT. 1694. WHERE A FIELD EMPLOYEE OF THE VETERANS' BUREAU WHO RESIGNED SEPTEMBER 1, 1928, WAS REINSTATED IN THE ORDNANCE DEPARTMENT AT LARGE, AND WAS ENTITLED TO A TWO STEP INCREASE ON JULY 1, 1928, SHE IS NOT NOW ENTITLED TO ANY INCREASE UNDER THE ACT OF JULY 3, 1930, 46 STAT. 1003. WHERE A FIELD EMPLOYEE OF THE VETERANS' BUREAU WAS ENTITLED TO ONLY ONE STEP INCREASE UNDER THE ACT OF MAY 28, 1928, 45 STAT. 785, SHE IS NOW ENTITLED TO ONE STEP INCREASE UNDER THE ACT OF JULY 3, 1930, 46 STAT. 1003.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 8, 1930:

I HAVE YOUR LETTER OF JULY 30, 1930, AS FOLLOWS:

THE CHIEF OF ORDNANCE PRESENTS THE FOLLOWING INQUIRY:

"ON JUNE 30, 1928, MRS. VIRGINIA R. BURNS WAS OCCUPYING THE POSITION OF CLERK IN THE U.S. VETERANS' BUREAU. IT IS THE UNDERSTANDING OF THIS OFFICE THAT ORIGINALLY THE INCREASES UNDER THE WELCH ACT DID NOT BECOME EFFECTIVE IN THE VETERANS' BUREAU UNTIL SEPTEMBER 1, 1928, BUT THAT LATER THE INCREASES WERE MADE RETROACTIVE TO JULY 1, 1928.

"MRS. BURNS WAS SEPARATED FROM THE VETERANS' BUREAU ON SEPTEMBER 1, 1928, AND NEVER RECEIVED ANY INCREASE UNDER THE WELCH ACT. SHE WAS REINSTATED IN THE ORDNANCE DEPARTMENT AT LARGE, SAN FRANCISCO DISTRICT ORDNANCE OFFICE, AS CLERK ON FEBRUARY 26, 1929. INASMUCH AS SHE WAS IN THE SERVICE OF THE VETERANS' BUREAU ON JULY 1, 1928, AND SINCE THE INCREASES UNDER THE WELCH ACT WERE MADE RETROACTIVE TO JULY 1, 1928, IN THE VETERANS' BUREAU, IT WOULD APPEAR THAT SHE IS ENTITLED TO TWO STEPS UNDER THE BROOKHART ACT. DECISION ON THIS POINT IS REQUESTED.'

THE DEPARTMENT REQUESTS A RULING OF YOUR OFFICE ON THE QUESTION PRESENTED.

A PROVISO IN THE ACT OF MARCH 4, 1929, 45 STAT. 1694, PROVIDED THAT THE APPROPRIATIONS MADE UNDER TITLE II OF SAID ACT WERE AVAILABLE FOR THE ADJUSTMENT, EFFECTIVE JULY 1, 1928, OF THE COMPENSATION OF CIVIL POSITIONS IN THE FIELD SERVICES THE ADJUSTMENT OF WHICH WAS AUTHORIZED BY SECTION 3 OF THE ACT OF MAY 28, 1928, 45 STAT. 785, KNOWN AS THE WELCH ACT. IT WAS HELD IN DECISION OF MAY 3, 1929, A-24418, THAT THE PROVISO WAS MANDATORY AND REQUIRED THE PAYMENT OF THE INCREASES AUTHORIZED BY SECTION 3 OF THE ACT OF MAY 28, 1929, CITED, FROM JULY 1, 1928, PROVIDED NO ADDITIONAL DEFICIENCY WAS INCURRED THEREBY.

ACCORDINGLY, YOU ARE ADVISED THAT IF THE EMPLOYEE REFERRED TO IN YOUR LETTER WAS ENTITLED TO AN INCREASE OF TWO STEPS UNDER THE ACT OF MAY 28, 1928, WHETHER SHE RECEIVED SUCH INCREASE OR NOT, SHE IS NOT NOW ENTITLED TO ANY INCREASE UNDER THE ACT OF JULY 3, 1930, 46 STAT. 1003, CALLED THE BROOKHART SALARY ACT. IF, HOWEVER, SHE WAS ENTITLED TO AN INCREASE OF ONLY ONE STEP UNDER THE WELCH ACT OF MAY 28, 1928, SHE IS NOW ENTITLED, UNDER THE BROOKHART SALARY ACT, TO A ONE-STEP INCREASE IN THE GRADE HELD BY HER ON JULY 3, 1930, IF THE GRADE IS ONE OF THOSE WITHIN SAID ACT.