A-36825, JULY 2, 1931, 11 COMP. GEN. 6

A-36825: Jul 2, 1931

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ESTABLISHING THE FIRST OF A MONTH AS A UNIFORM RETIREMENT DATE UNDER ALL RETIREMENT STATUTES AFFECTING PERSONNEL PAYMENTS SUBJECT TO AUDIT BY THE GENERAL ACCOUNTING OFFICE ARE APPLICABLE TO ALL OF THE PERSONNEL OF THE DISTRICT OF COLUMBIA. ARE NOT BEING APPLIED IN THE RETIREMENT OF POLICEMEN. IT IS DISCLOSED THAT C. E. LA DOW WAS "PLACED ON PENSION ROLL TO TAKE EFFECT JANUARY 8. " AND COPY OF THE FOLLOWING ORDER OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA IS ATTACHED TO THE PAY ROLL: THAT CLARENCE E. IS HEREBY RETIRED. IT IS DISCLOSED THAT THEORA J. BUNNELL WAS "RETIRED ON AND AFTER DECEMBER 4. EXCEPT THAT THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE SHALL BE COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED IF THIS ACT HAD NOT BEEN ENACTED.

A-36825, JULY 2, 1931, 11 COMP. GEN. 6

RETIREMENT - UNIFORM DATE - DISTRICT OF COLUMBIA THE PROVISIONS OF THE ACT OF APRIL 23, 1930, 46 STAT. 253, EFFECTIVE JULY 1, 1930, ESTABLISHING THE FIRST OF A MONTH AS A UNIFORM RETIREMENT DATE UNDER ALL RETIREMENT STATUTES AFFECTING PERSONNEL PAYMENTS SUBJECT TO AUDIT BY THE GENERAL ACCOUNTING OFFICE ARE APPLICABLE TO ALL OF THE PERSONNEL OF THE DISTRICT OF COLUMBIA, INCLUDING POLICEMEN, FIREMEN, AND SCHOOL TEACHERS.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JULY 2, 1931:

IN THE AUDIT OF ACCOUNTS OF J. R. LUSBY, DISBURSING CLERK OF THE DISTRICT OF COLUMBIA, IT HAS BEEN DISCLOSED THAT THE PROVISIONS OF THE UNIFORM RETIREMENT DATE ACT OF APRIL 23, 1930, 46 STAT. 253, EFFECTIVE JULY 1, 1930, ARE NOT BEING APPLIED IN THE RETIREMENT OF POLICEMEN, FIREMEN, AND SCHOOL-TEACHERS OF THE DISTRICT OF COLUMBIA.

ON VOUCHER NO. 62241, PAY ROLL FOR POLICE PENSIONERS, SHEET 12, IT IS DISCLOSED THAT C. E. LA DOW WAS "PLACED ON PENSION ROLL TO TAKE EFFECT JANUARY 8, 1931," AND COPY OF THE FOLLOWING ORDER OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA IS ATTACHED TO THE PAY ROLL:

THAT CLARENCE E. L. DOW, A PRIVATE IN THE METROPOLITAN POLICE DEPARTMENT, D.C., HAVING REACHED THE AGE OF SIXTY-THREE, AND HAVING SERVED CONTINUOUSLY FOR OVER THIRTY-ONE YEARS IN THE DEPARTMENT, IS HEREBY RETIRED, TO TAKE EFFECT FROM AND AFTER JANUARY 7, 1931.

THAT CLARENCE E. LA DOW, A PRIVATE IN THE METROPOLITAN POLICE PER MONTH, PAYABLE FROM THE POLICEMEN AND FIREMEN'S RELIEF FUND OF THE DISTRICT OF COLUMBIA, TO TAKE EFFECT ON AND AFTER JANUARY 8, 1931.

ON VOUCHER NO. 58235, PAY ROLL FOR RETIRED PUBLIC SCHOOL TEACHERS, SHEETS 1 AND 7, IT IS DISCLOSED THAT THEORA J. BUNNELL WAS "RETIRED ON AND AFTER DECEMBER 4, 1930.'

THE ACT OF APRIL 23, 1930, SUPRA, PROVIDES AS FOLLOWS:

THAT HEREAFTER RETIREMENT AUTHORIZED BY LAW OF FEDERAL PERSONNEL OF WHATEVER CLASS, CIVIL, MILITARY, NAVAL, JUDICIAL, LEGISLATIVE, OR OTHERWISE, AND FOR WHATEVER CAUSE RETIRED, SHALL TAKE EFFECT ON THE 1ST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE, AND SAID 1ST DAY OF THE MONTH FOR RETIREMENTS HEREAFTER MADE SHALL BE FOR ALL PURPOSES IN LIEU OF SUCH DATE FOR RETIREMENT AS MAY NOW BE AUTHORIZED; EXCEPT THAT THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE SHALL BE COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED IF THIS ACT HAD NOT BEEN ENACTED.

SEC. 2. THIS ACT SHALL BECOME EFFECTIVE JULY 1, 1930. ALL LAWS OR PARTS OF LAWS, IN SO FAR AS IN CONFLICT HEREWITH, ARE REPEALED.

THIS ACT WAS PROPOSED PRIMARILY AS AN ACCOUNTING EXPEDIENCY. THE OBJECT WAS TO ESTABLISH THE FIRST OF A MONTH, CORRESPONDING TO THE BEGINNING OF A PAY PERIOD, AS A UNIFORM RETIREMENT DATE UNDER ALL RETIREMENT STATUTES AFFECTING PERSONNEL PAYMENTS SUBJECT TO AUDIT BY THIS OFFICE, THE PURPOSE BEING TO SIMPLIFY THE COMPUTATION OF ACTIVE DUTY AND RETIRED PAY FOR FRACTIONAL PERIODS. SEE PAGE 32 OF THE ANNUAL REPORT OF THE COMPTROLLER GENERAL OF THE UNITED STATES FOR THE FISCAL YEAR 1930. IN APPLYING THE STATUTE THERE APPEARS NO NEED TO DISTINGUISH BETWEEN EMPLOYEES OF THE UNITED STATES AND EMPLOYEES OF THE DISTRICT OF COLUMBIA GOVERNMENT, MERELY BECAUSE THE TERM ,FEDERAL PERSONNEL" IS USED IN THE STATUTE. SEE LETTER TO YOU DATED FEBRUARY 21, 1931, A-35365, FORWARDING COPY OF OFFICE LETTER OF SAME DATE TO WILLIAM M. MCCLOSKEY.

NO ADJUSTMENTS NEED NOW BE MADE IN ACTIVE DUTY OR RETIRED PAY INCIDENT TO RETIREMENTS HERETOFORE MADE OF DISTRICT OF COLUMBIA PERSONNEL ON ANY DAY OF THE MONTH, BUT HEREAFTER ADMINISTRATIVE ACTION SHOULD FOLLOW THE ACT OF APRIL 23, 1930, SUPRA, IN PAYMENTS OF ACTIVE DUTY OR RETIRED PAY TO ALL CLASSES OF DISTRICT OF COLUMBIA PERSONNEL.

A NUMBER OF QUESTIONS ARISING UNDER THE STATUTE HAVE BEEN CONSIDERED AND ANSWERED IN THE DECISIONS OF THIS OFFICE. SEE 9 COMP. GEN. 512; 10 ID. 28, 33, 36, AND 72. SEE PARTICULARLY 10 COMP. GEN. 36 AS TO CASES INVOLVING AN ADMINISTRATIVE DISCRETION IN THE FIXING OF THE DATE OF RETIREMENT. UPON REQUEST THIS OFFICE WILL GIVE CONSIDERATION TO ANY ADDITIONAL QUESTIONS WHICH MAY ARISE IN THE APPLICATION OF THE STATUTE TO THE PERSONNEL OF THE DISTRICT OF COLUMBIA.