A-33291, SEPTEMBER 15, 1930, 10 COMP. GEN. 125

A-33291: Sep 15, 1930

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WAS ADMINISTRATIVELY PROMOTED OR TRANSFERRED TO ANOTHER FIELD SERVICE POSITION WITH A SALARY RANGE IN EXCESS OF THAT WHICH WOULD HAVE BEEN PAID UNDER THE WELCH ACT OF MAY 28. WAS REMOVED FROM THE OPERATION OF THOSE PROVISIONS OF THE WELCH ACT REQUIRING OR AUTHORIZING ANY OTHER ADJUSTMENT IN COMPENSATION FROM AND AFTER ITS EFFECTIVE DATE. THERE IS NO BASIS FOR THE COMPUTATION OF ANY INCREASE IN COMPENSATION AS A MATTER OF STATUTORY RIGHT UNDER THE TERMS OF THE BROOKHART SALARY ACT OF JULY 3. WAS RECEIVING $2. THIS EMPLOYEE WAS ADMINISTRATIVELY PROMOTED TO THE MINIMUM SALARY IN GRADE 7 WHICH. WAS $2. YOUR DECISION IS REQUESTED AS TO WHETHER THIS EMPLOYEE SHOULD RECEIVE AN INCREASE UNDER THE BROOKHART SALARY ACT.

A-33291, SEPTEMBER 15, 1930, 10 COMP. GEN. 125

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE AN EMPLOYEE IN THE FIELD SERVICE ON JUNE 30, 1928, WHO, ON JULY 1, 1928, WAS ADMINISTRATIVELY PROMOTED OR TRANSFERRED TO ANOTHER FIELD SERVICE POSITION WITH A SALARY RANGE IN EXCESS OF THAT WHICH WOULD HAVE BEEN PAID UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, WAS REMOVED FROM THE OPERATION OF THOSE PROVISIONS OF THE WELCH ACT REQUIRING OR AUTHORIZING ANY OTHER ADJUSTMENT IN COMPENSATION FROM AND AFTER ITS EFFECTIVE DATE, AND THERE IS NO BASIS FOR THE COMPUTATION OF ANY INCREASE IN COMPENSATION AS A MATTER OF STATUTORY RIGHT UNDER THE TERMS OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 15, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 3, 1930, AS FOLLOWS:

AN EMPLOYEE IN THE PROHIBITION FIELD SERVICE ON JUNE 30, 1928, WAS RECEIVING $2,100 PER ANNUM IN GRADE CAF-5. EFFECTIVE JULY 1, 1928, THIS EMPLOYEE WAS ADMINISTRATIVELY PROMOTED TO THE MINIMUM SALARY IN GRADE 7 WHICH, UNDER THE WELCH ACT, WAS $2,600 PER ANNUM.

YOUR DECISION IS REQUESTED AS TO WHETHER THIS EMPLOYEE SHOULD RECEIVE AN INCREASE UNDER THE BROOKHART SALARY ACT.

INCREASES IN COMPENSATION OF EMPLOYEES IN THE FIELD SERVICE UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, WERE NOT AUTOMATIC BUT DEPENDENT UPON ADMINISTRATIVE ACTION. SEE SECTION 2 OF THE STATUTE, 45 STAT. 785. IF, ON JULY 1, 1928, THE EXECUTIVE DATE OF THE WELCH ACT, AN EMPLOYEE IN THE FIELD SERVICE WAS ADMINISTRATIVELY PROMOTED OR TRANSFERRED TO A FIELD SERVICE POSITION WITH A SALARY RANGE IN EXCESS OF THAT WHICH WOULD HAVE BEEN PAID UNDER THE WELCH ACT, AS IN THE INSTANT CASE, THE EMPLOYEE WAS REMOVED FROM THE OPERATION OF THOSE PROVISIONS OF THE WELCH ACT REQUIRING OR AUTHORIZING ANY OTHER ADJUSTMENTS IN COMPENSATION FROM AND AFTER ITS EFFECTIVE DATE, AND THERE IS NOW NO BASIS FOR COMPUTATION OF AN INCREASE IN COMPENSATION AS A MATTER OF STATUTORY RIGHT UNDER THE TERMS OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003.