A-41804, APRIL 18, 1932, 11 COMP. GEN. 395

A-41804: Apr 18, 1932

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

STATING THAT INCREASES AND DECREASES IN COMPENSATION RESULTING FROM ALLOCATIONS OR REALLOCATIONS OF POSITIONS SHOULD BE MADE EFFECTIVE FROM THE FIRST OF A MONTH HAVE NEVER HAD APPLICATION TO CASES OTHER THAN WHERE THE ENTIRE MONTH WAS THE PAY PERIOD AND THEY HAVE NO APPLICATION TO THOSE OFFICES IN WHICH THE EMPLOYEES ARE NOW PAID ON TWO OR MORE SEPARATE AND DISTINCT PAY ROLLS PER MONTH. THE RULE FOR APPLICATION IN SUCH CASES IS THAT FIRST ANNOUNCED IN DECISION OF SEPTEMBER 8. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY TWO ADMINISTRATIVELY APPROVED VOUCHERS FOR $7.50 EACH. THE VOUCHERS DISCLOSE THAT THESE EMPLOYEES WERE PAID FOR THE PERIOD MARCH 1 TO 15. THAT APPROVAL BY THE PERSONNEL CLASSIFICATION BOARD OF ALLOCATIONS OF THE NEW POSITIONS IN GRADE CAF 3 WAS RECEIVED IN THE DEPARTMENT OF JUSTICE MARCH 17.

A-41804, APRIL 18, 1932, 11 COMP. GEN. 395

CLASSIFICATION OF CIVILIAN EMPLOYEES - EFFECTIVE DATE OF ALLOCATIONS AND REALLOCATIONS THE DECISION OF SEPTEMBER 23, 1926, 6 COMP. GEN. 202, AND SIMILAR DECISIONS, STATING THAT INCREASES AND DECREASES IN COMPENSATION RESULTING FROM ALLOCATIONS OR REALLOCATIONS OF POSITIONS SHOULD BE MADE EFFECTIVE FROM THE FIRST OF A MONTH HAVE NEVER HAD APPLICATION TO CASES OTHER THAN WHERE THE ENTIRE MONTH WAS THE PAY PERIOD AND THEY HAVE NO APPLICATION TO THOSE OFFICES IN WHICH THE EMPLOYEES ARE NOW PAID ON TWO OR MORE SEPARATE AND DISTINCT PAY ROLLS PER MONTH. THE RULE FOR APPLICATION IN SUCH CASES IS THAT FIRST ANNOUNCED IN DECISION OF SEPTEMBER 8, 1924, 4 COMP. GEN. 280.

COMPTROLLER GENERAL MCCARL TO R. D. ALLISON, DISBURSING CLERK, DEPARTMENT OF JUSTICE, APRIL 18, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF APRIL 7, 1932, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY TWO ADMINISTRATIVELY APPROVED VOUCHERS FOR $7.50 EACH, IN FAVOR OF RUTH S. CUNNINGHAM AND LOUISE DEBOW, CLERKS, DEPARTMENT OF JUSTICE, REPRESENTING THE DIFFERENCE IN COMPENSATION BETWEEN THE RATES OF $1,440 PER ANNUM AND $1,620 PER ANNUM COVERING PERIOD MARCH 1 TO 15, 1932, INCLUSIVE.

THE VOUCHERS DISCLOSE THAT THESE EMPLOYEES WERE PAID FOR THE PERIOD MARCH 1 TO 15, 1932, INCLUSIVE, AT THE RATE OF $1,440 PER ANNUM IN GRADE CAF 2, ALTHOUGH THEY HAD BEEN PERFORMING THE DUTIES OF NEW POSITIONS SINCE SEPTEMBER, 1930, THAT APPROVAL BY THE PERSONNEL CLASSIFICATION BOARD OF ALLOCATIONS OF THE NEW POSITIONS IN GRADE CAF 3 WAS RECEIVED IN THE DEPARTMENT OF JUSTICE MARCH 17, 1932, AND THAT YOU HAVE PAID BOTH OF THE EMPLOYEES AT THE RATE OF $1,620 PER ANNUM, THE MINIMUM OF GRADE CAF 3, ONLY FROM MARCH 16, 1932, THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD ALLOCATING THE NEW POSITIONS WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.

CLAIM FOR THE INCREASED RATES FROM AND AFTER MARCH 1 IS BASED ON DECISION OF DECEMBER 27, 1930, 10 COMP. GEN. 284, HOLDING AS FOLLOWS (QUOTING FROM THE SYLLABUS):

EVEN THOUGH THE FORMAL ADMINISTRATIVE APPOINTMENT TO A NEW POSITION WAS DATED AFTER THE ADMINISTRATIVE OFFICE RECEIVED NOTICE OF THE ORIGINAL ALLOCATION OF THE NEW POSITION, IT IS PROPER, WHERE THE EMPLOYEE HAS BEEN PERFORMING THE DUTIES OF THE NEW POSITION FROM A DATE PRIOR TO THE FIRST OF THE MONTH, TO APPLY THE GENERAL RULE AND CONSIDER THE EFFECTIVE DATE OF THE ALLOCATION FOR PAY PURPOSES AS THE FIRST OF THE MONTH OR THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.

ON THE BASIS OF THE STATEMENTS APPEARING THAT THE TWO POSITIONS TO WHICH THESE TWO EMPLOYEES HAVE BEEN ASSIGNED ARE "NEW" POSITIONS, AS DISTINGUISHED FROM "ADDITIONAL" POSITIONS, THE PRINCIPLE STATED IN THE SYLLABUS ABOVE QUOTED IS APPLICABLE, BUT IT WILL BE NOTED THAT THE INCREASED RATES ATTACHING TO THE "NEW" POSITIONS ARE PAYABLE FROM "THE FIRST OF THE MONTH OR THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.' THAT IS TO SAY, THE FIRST OF THE MONTH WAS THE EFFECTIVE DATE OF INCREASE IN COMPENSATION RESULTING FROM ALLOCATION OR REALLOCATION OF POSITIONS ONLY DURING THE TIME, AND IN THOSE OFFICES IN WHICH, THE ENTIRE MONTH WAS THE PAY PERIOD. HOWEVER, YOU STATE:

FOR YOUR INFORMATION YOU ARE ADVISED THAT FOR SEVERAL MONTHS, AND IN ACCORDANCE WITH REGULATIONS ISSUED BY YOUR OFFICE, THE MONTHLY PAY ROLLS ARE PAID ON TWO SEPARATE AND DISTINCT ROLLS, I.E., FROM THE 1ST TO THE 15TH, AND FROM THE 16TH TO THE 30TH (OR 31ST). SEPARATE VOUCHERS ARE, OF COURSE, INCLUDED IN MY ACCOUNTS.

THEREFORE, THE EFFECTIVE DATE OF THE INCREASE IN COMPENSATION RESULTING FROM THE ALLOCATION OF THE TWO NEW POSITIONS WAS MARCH 16, THE BEGINNING OF THE PAY PERIOD CURRENT ON MARCH 17, 1932, WHEN NOTICE OF THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD WAS RECEIVED IN THE DEPARTMENT OF JUSTICE.

THE DECISION OF SEPTEMBER 23, 1926, 6 COMP. GEN. 202, AND SIMILAR DECISIONS, STATING THAT INCREASES AND DECREASES IN COMPENSATION RESULTING FROM ALLOCATIONS OR REALLOCATIONS OF POSITIONS SHOULD BE MADE EFFECTIVE FROM THE FIRST OF A MONTH HAVE NEVER HAD APPLICATION TO CASES OTHER THAN WHERE THE ENTIRE MONTH WAS THE PAY PERIOD AND THEY HAVE NO APPLICATION TO THOSE OFFICES IN WHICH THE EMPLOYEES ARE NOW PAID ON TWO OR MORE SEPARATE AND DISTINCT PAY ROLLS PER MONTH. THE RULE FOR APPLICATION IN SUCH CASES IS THAT FIRST ANNOUNCED IN DECISION OF SEPTEMBER 8, 1924, 4 COMP. GEN. 280.

ACCORDINGLY, PAYMENT ON THE VOUCHERS IN QUESTION, WHICH WILL BE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.