A-32966, AUGUST 19, 1930, 10 COMP. GEN. 81

A-32966: Aug 19, 1930

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WAS REINSTATED OCTOBER 24. WAS NOT ENTITLED TO ANY INCREASE IN COMPENSATION UNDER THE WELCH ACT OF MAY 28. BECAUSE HE WAS NOT IN THE SERVICE ON JULY 1. HE IS NOT ENTITLED TO ANY INCREASE UNDER THE BROOKHART SALARY ACT OF JULY 3. BECAUSE HE WAS NOT ELIGIBLE FOR ANY INCREASE UNDER THE WELCH ACT. 1930: I HAVE YOUR LETTER OF AUGUST 8. IS ENTITLED TO AN INCREASE IN COMPENSATION UNDER THE BROOKHART SALARY ACT OF JULY 3. THE FACTS IN THE CASE ARE AS FOLLOWS: AFTER EMPLOYMENT IN THE INTERNAL REVENUE SERVICE FOR MORE THAN SEVENTEEN YEARS MR. HE WAS REAPPOINTED AS DEPUTY COLLECTOR IN THE SAME DISTRICT ON OCTOBER 24. HE WAS. WAS NOT IN THE SERVICE ON JULY 1. MAY BE DEFINITELY DETERMINED THE MATTER IS PRESENTED FOR YOUR DECISION.

A-32966, AUGUST 19, 1930, 10 COMP. GEN. 81

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES A DEPUTY COLLECTOR OF INTERNAL REVENUE WHO RESIGNED AT THE CLOSE OF BUSINESS JUNE 30, 1928, AND WAS REINSTATED OCTOBER 24, 1929, WAS NOT ENTITLED TO ANY INCREASE IN COMPENSATION UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, BECAUSE HE WAS NOT IN THE SERVICE ON JULY 1, 1928, AND HE IS NOT ENTITLED TO ANY INCREASE UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, BECAUSE HE WAS NOT ELIGIBLE FOR ANY INCREASE UNDER THE WELCH ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 19, 1930:

I HAVE YOUR LETTER OF AUGUST 8, 1930, AS FOLLOWS:

THE QUESTION HAS ARISEN IN THIS DEPARTMENT AS TO WHETHER CHARLES L. HOFFMAN, DEPUTY COLLECTOR OF INTERNAL REVENUE IN THE TWENTY-THIRD DISTRICT OF PENNSYLVANIA, IS ENTITLED TO AN INCREASE IN COMPENSATION UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930.

THE FACTS IN THE CASE ARE AS FOLLOWS:

AFTER EMPLOYMENT IN THE INTERNAL REVENUE SERVICE FOR MORE THAN SEVENTEEN YEARS MR. HOFFMAN RESIGNED AS DEPUTY COLLECTOR, AT $2,700.00 PER ANNUM, GRADE CAF-6, IN THE TWENTY-THIRD DISTRICT OF PENNSYLVANIA, EFFECTIVE AT THE CLOSE OF BUSINESS JUNE 30, 1928. HE WAS REAPPOINTED AS DEPUTY COLLECTOR IN THE SAME DISTRICT ON OCTOBER 24, 1929, AT $2,300.00 PER ANNUM, GRADE CAF-6. HE WAS, THEREFORE, IN THE POSITION OF DEPUTY COLLECTOR (CAF-6) ON JUNE 30, 1928, AND JULY 3, 1930, BUT WAS NOT IN THE SERVICE ON JULY 1, 1928, AND RECEIVED NO INCREASE UNDER THE ACT OF MAY 28, 1928 (WELCH ACT).

IN ORDER THAT DEPUTY COLLECTOR HOFFMAN'S RIGHTS UNDER SAID ACT OF JULY 3, 1930, MAY BE DEFINITELY DETERMINED THE MATTER IS PRESENTED FOR YOUR DECISION.

SECTION 3 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, AUTHORIZED THE ADJUSTMENT OF COMPENSATION IN THE FIELD SERVICES, THE COMPENSATION OF WHICH HAD BEEN ADJUSTED UNDER THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, TO CORRESPOND AS FAR AS PRACTICABLE TO THE RATES ESTABLISHED BY SAID ACT IN THE DEPARTMENTAL SERVICE.

SECTION 5 OF SAID ACT PROVIDED THAT IT SHOULD TAKE EFFECT JULY 1, 1928.

AS SAID ACT OF MAY 28, 1928, DID NOT BECOME EFFECTIVE UNTIL JULY 1, 1928, IT WAS NOT UNTIL THAT DATE THAT THE HEADS OF DEPARTMENTS WERE AUTHORIZED THEREUNDER TO ADJUST THE COMPENSATION OF POSITIONS IN THE FIELD SERVICES. ON THE DATE THAT THE AUTHORITY BECAME EFFECTIVE THE EMPLOYEE HEREIN CONSIDERED WAS NOT IN THE SERVICE AND, THEREFORE, HIS COMPENSATION COULD NOT BE ADJUSTED UNDER THE AUTHORITY CONFERRED BY SECTION 3 OF THE WELCH ACT.

THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, PROVIDES THAT THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WHOSE DUTY IT IS TO CARRY INTO EFFECT THE PROVISIONS OF THE ACT ARE DIRECTED TO SO ADMINISTER IT THAT EMPLOYEES WHO ARE IN THE GRADES AFFECTED THEREBY, WHO WERE IN SAID POSITION ON JUNE 30, 1928, AND WHO UNDER THE ACT OF MAY 28, 1928, SUPRA, DID NOT RECEIVE AN INCREASE IN SALARY EQUIVALENT TO TWO STEPS OR SALARY RATES IN THEIR RESPECTIVE GRADES, SHOULD BE GIVEN SUCH ADDITIONAL STEP TO STEPS OR SALARY RATE OR RATES WITHIN THE GRADE AS MIGHT BE NECESSARY TO EQUAL SAID INCREASE.

THE PROVISIONS IN THE BROOKHART SALARY ACT CONTEMPLATE THAT THE ADDITIONAL INCREASE SHALL BE GIVEN ONLY TO THOSE WHO WERE ELIGIBLE TO AN INCREASE UNDER THE WELCH ACT BUT WHO DID NOT RECEIVE AN INCREASE OF AT LEAST TWO STEPS THEREUNDER. AS THE EMPLOYEE HERE IN QUESTION WAS NOT ELIGIBLE TO AN INCREASE UNDER THE WELCH ACT, HE IS NOT WITHIN THE CLASS OF THOSE ENTITLED TO AN ADDITIONAL INCREASE UNDER THE BROOKHART SALARY ACT.