A-43734, AUGUST 8, 1932, 12 COMP. GEN. 196

A-43734: Aug 8, 1932

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ECONOMY ACT - PERCENTAGE SALARY DEDUCTIONS - CHARWOMEN - ADMINISTRATIVE FURLOUGH CHARWOMEN WORKING ONLY FROM THREE TO FIVE HOURS PER DAY WHOSE RATES OF COMPENSATION ARE FIXED PURSUANT TO THE CLASSIFICATION ACT AT 50 CENTS PER HOUR ARE NOT SUBJECT TO A REDUCTION OF 8 1/3 PERCENT UNDER THE ECONOMY ACT. FURLOUGH DEDUCTIONS AND THE IMPOUNDING THEROF ARE REQUIRED TO BE BASED ON THE TOTAL SALARY RATE OF AN EMPLOYEE. THE QUESTION WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER. 1. WILL THE AMOUNT BE DEDUCTED FROM THE NEXT ROLL? FOR EXAMPLE:IF AN EMPLOYEE IS ABSENT FROM JULY 1 TO 31. COPY OF WHICH WAS FURNISHED YOU. IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS): IF AN EMPLOYEE SUBJECT TO THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT PROVIDING FOR THE LEGISLATIVE FURLOUGH IS ABSENT THE ENTIRE CALENDAR MONTH OF JULY.

A-43734, AUGUST 8, 1932, 12 COMP. GEN. 196

ECONOMY ACT - PERCENTAGE SALARY DEDUCTIONS - CHARWOMEN - ADMINISTRATIVE FURLOUGH CHARWOMEN WORKING ONLY FROM THREE TO FIVE HOURS PER DAY WHOSE RATES OF COMPENSATION ARE FIXED PURSUANT TO THE CLASSIFICATION ACT AT 50 CENTS PER HOUR ARE NOT SUBJECT TO A REDUCTION OF 8 1/3 PERCENT UNDER THE ECONOMY ACT. FURLOUGH DEDUCTIONS AND THE IMPOUNDING THEROF ARE REQUIRED TO BE BASED ON THE TOTAL SALARY RATE OF AN EMPLOYEE, INCLUDING THE CASH AS WELL AS THE DETERMINED VALUE OF QUARTERS FURNISHED IN KIND. NEITHER THE GRANTING OF LEAVE WITHOUT PAY NOR THE ADMINISTRATIVE FURLOUGH FOR ALL OR A PART OF THE FISCAL YEAR CAN OPERATE TO EVADE THE REQUIREMENTS OF THE LAW THAT ONE MONTH'S PAY OR 8 1/3 PERCENT OF THE TOTAL ANNUAL SALARY BE IMPOUNDED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, AUGUST 8, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 28, 1932, REQUESTING DECISION OF A NUMBER OF QUESTIONS INVOLVING THE APPLICATION OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 399. THE QUESTION WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER.

1. WHERE AN EMPLOYEE'S ABSENCE DURING THE ENTIRE PAY PERIOD RENDERS IT IMPOSSIBE TO WITHHOLD RETIREMENT FOR THAT PERIOD FROM THE CURRENT ROLL, WILL THE AMOUNT BE DEDUCTED FROM THE NEXT ROLL? FOR EXAMPLE:IF AN EMPLOYEE IS ABSENT FROM JULY 1 TO 31, SHOULD THE JULY RETIREMENT BE DEDUCTED FROM THE AUGUST ROLL, MAKING A TWO MONTHS' RETIREMENT DEDUCTION ON THAT ROLL?

IN DECISION OF JULY 21, 1932, TO THE DIRECTOR OF PUBLIC BUILDINGS AND PUBLIC PARKS OF THE NATIONAL CAPITAL, A-43420, 12 COMP. GEN. 97, COPY OF WHICH WAS FURNISHED YOU, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

IF AN EMPLOYEE SUBJECT TO THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT PROVIDING FOR THE LEGISLATIVE FURLOUGH IS ABSENT THE ENTIRE CALENDAR MONTH OF JULY, HE WOULD NOT BE ENTITLED TO ANY COMPENSATION FOR THAT MONTH, AND RETIREMENT DEDUCTIONS AT THE RATE OF 3 1/2 PERCENT OF THE TOTAL SALARY RATE COVERING JULY SHOULD BE DEDUCTED FROM HIS COMPENSATION AT THE NEXT REGULAR PAY DAY AFTER HE RETURNED TO DULY.

SEE, ALSO, QUESTION AND ANSWER (1) OF DECISION OF AUGUST 1, 1932, TO THE CIVIL SERVICE COMMISSION, A-43622, 12 COMP. GEN. 149.

IF AN EMPLOYEE SHOULD BE ABSENT WITHOUT PAY FOR ANOTHER FULL MONTH-- THAT IS, AFTER HIS REQUIRED LEGISLATIVE FURLOUGH ABSENCE HAS BEEN COMPLETED--- THE RETIREMENT DEDUCTION WOULD NOT BE MADE FOR SUCH ADDITIONAL OR SUBSEQUENT PERIOD OR PERIODS OF ABSENCE.

2. CHARWOMEN WORKING AT 50 CENTS AN HOUR RECEIVE PAY AT AN ANNUAL RATE IN EXCESS OF $1,000, BASED ON SEVEN-HOUR DAYS. IF EMPLOYED FROM THREE TO FIVE HOURS DAILY, ARE THEY SUBJECT TO EITHER THE FURLOUGH PROVISIONS, THE 5-DAY WEEK, OR THE 8 1/3 PERCENT WAGE CUT? CHARWOMEN ARE OF TWO GENERAL CLASSES WITH RESPECT TO THE FIXING OF SALARY RATES, VIZ, THOSE WORKING FULL TIME AND THOSE WORKING PART TIME. THE SALARY RATES OF THOSE WORKING FULL TIME ARE FIXED AT ANNUAL SALARY RATES PURSUANT TO THE CLASSIFICATION ACT, MOSTLY IN GRADE 2 OF THE CUSTODIAL SERVICE, FROM $1,080 TO $1,380 PER ANNUM. THE SALARY RATES OF THOSE WORKING PART TIME ARE FIXED UNDER THE TERMS OF THE SAME ACT PURSUANT TO THE FOLLOWING PROVISO:

* * * PROVIDED, THAT CHARWOMEN WORKING PART TIME BE PAID AT THE RATE OF 50 CENTS PER HOUR AND HEAD CHARWOMEN AT THE RATE OF 55 CENTS PER HOUR.

SEE THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1004. THUS THE STATUTORY BASIS FOR FIXING THE PART-TIME RATE IS NOT THE ANNUAL RATE FOR FULL-TIME EMPLOYEES, AND THERE HAS BEEN RECOGNIZED BY STATUTE THE WELL- ESTABLISHED PRACTICE OF EMPLOYING CHARWOMEN FROM THREE TO FIVE HOURS EACH WORK DAY WHOSE DAILY HOURS OF LABOR DO NOT RELATE TO THE DAY OF THE FULL- TIME CHARWOMEN. THE PER ANNUM EQUIVALENT COMPENSATION OF THE PART-TIME CHARWOMEN IS TO BE BASED ON THE LENGTH OF THEIR WORK DAY AND NOT ON SEVEN HOURS PER DIEM, AS YOU STATE. THEREFORE, IF THE LENGTH OF THE REGULAR DAY OF PART-TIME CHARWOMEN, MENTIONED IN YOUR LETTER, IS FROM THREE TO FIVE HOURS, THE PER DIEM EQUIVALENT COMPENSATION IS FROM THREE TO FIVE TIMES THE HOURLY RATE OF 50 CENTS, OR $1.50 TO $2.50 PER DIEM, AND THE PER ANNUM EQUIVALENT COMPENSATION RATE, BASED EITHER ON 307 OR ON 313 DAYS (SEC. 104 (C) OF THE ECONOMY ACT), WOULD BE LESS THAN THE RATE OF $1,000 PER ANNUM IN ANY EVENT. IN OTHER WORDS, THESE PART-TIME CHARWOMEN MAY NOT, IN ANY EVENT, EARN AS MUCH AS $1,000 PER ANNUM, ALTHOUGH WORKING THE ENTIRE YEAR, BECAUSE OF THE LIMITATION ON THE HOURS OF DAILY LABOR AS RECOGNIZED BY STATUTE OR REGULATIONS ISSUED PURSUANT THERETO. THIS QUESTION IS ANSWERED IN THE NEGATIVE, AND IS TO BE DISTINGUISHED FROM THE RULE APPLICABLE TO PART-TIME EMPLOYEES WHOSE REGULAR DAILY HOURS OF LABOR HAVE NOT BEEN SO LIMITED, AND WHO MIGHT EARN MORE THAN $1,000 PER ANNUM, IF THEY WORKED THE FULL YEAR, SUCH AS SEASONAL, TEMPORARY, OR SUBSTITUTE EMPLOYEES.

3. WHERE AN APPOINTMENT IS AT $1,800 WITH $120 DEDUCTION FOR GOVERNMENT QUARTERS AND NET SALARY OF $1,680, SHOULD THE FURLOUGH DEDUCTION BE ON THE BASIS OF AN $1,800 RATE? IF SO, SHOULD THERE BE IMPOUNDED THE FULL AMOUNT DEDUCTED FROM THE EMPLOYEE'S SALARY OR ONLY THE PROPORTION THEREOF THAT PERTAINS TO THE WAGES PAID FROM THE APPROPRIATION? (SECTION 3, ACT APPROVED MARCH 2, 1926, 44 STAT. 161.)

IN THE ILLUSTRATION GIVEN, FURLOUGH DEDUCTIONS SHOULD BE BASED ON THE TOTAL SALARY RATE OF $1,800 PER ANNUM, AND THE FULL AMOUNT OF SUCH DEDUCTION IMPOUNDED FROM THE SALARY APPROPRIATION. SEE DECISION OF JULY 23, 1932, TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, A-43425, 12 COMP. GEN. 105, AND DECISION OF JULY 30, 1932, TO THE ATTORNEY GENERAL, A-43525, 12 COMP. GEN. 142.

4. AN EMPLOYEE IS GRANTED LEAVE OF ABSENCE WITHOUT PAY FOR THE ENTIRE FISCAL YEAR, JULY 1, 1932, TO JUNE 30, 1933; WHAT, IF ANY, AMOUNT SHOULD BE IMPOUNDED UNDER SECTION 110?

THIS QUESTION MAY BE ANSWERED BY QUOTING THE FOLLOWING FROM THE DECISION OF AUGUST 1, 1932, TO THE CIVIL SERVICE COMMISSION, A-43622:

IF AN OFFICER OR EMPLOYEE OTHERWISE SUBJECT TO LEGISLATIVE FURLOUGHS OR THE 8 1/3 PERCENT DEDUCTION IN COMPENSATION IS FURLOUGHED FOR THE ENTIRE FISCAL YEAR 1933, ONE CALENDAR MONTH OF SUCH FURLOUGH MUST BE CONSIDERED AS A LEGISLATIVE FURLOUGH AND AN AMOUNT EQUAL TO THE EMPLOYEE'S SALARY FOR ONE CALENDAR MONTH (8 1/3 PERCENT) MUST BE IMPOUNDED.

5. AN EMPLOYEE WORKS WITHOUT FURLOUGH FROM JULY 1 TO 15, THEN---

(A) GOES ON LEAVE WITHOUT PAY FOR THE REST OF THE FISCAL YEAR;

(B) IS FURLOUGHED ADMINISTRATIVELY FOR THE REST OF THE FISCAL YEAR ON ACCOUNT OF SHORTAGE OF FUNDS, SECTION 216--- WHAT IMPOUNDMENT SHOULD THERE BE IN EACH CASE?

ONE MOMTH'S PAY OR 8 1/3 PERCENT OF THE ANNUAL SALARY OF THE POSITION SHOULD BE IMPOUNDED IN EACH CASE. THE RULES APPLICABLE TO DEDUCTIONS FOR LEAVE OF ABSENCE WITHOUT PAY AND ADMINISTRATIVE FURLOUGH WITHOUT PAY ARE THE SAME. BUT NEITHER THE GRANTING OF LEAVE WITHOUT PAY NOR AN ADMINISTRATIVE FURLOUGH FOR ALL OR A PART OF THE FISCAL YEAR CAN OPERATE TO EVADE THE REQUIREMENT OF THE LAW THAT ONE MONTH'S PAY OR 8 1/3 PERCENT OF THE ANNUAL SALARY BE IMPOUNDED.

6. AN EMPLOYEE WORKS WITHOUT FURLOUGH FROM JULY 1, 1932, TO MAY 15, 1933; IS LEGISLATIVELY FURLOUGHED FOR ONE MONTH, AND GRANTED LEAVE SHOULD BE IMPOUNDED?

THE IMPOUNDING WOULD BE COMPENSATION FOR "ONE CALENDAR MONTH" OR 8 1/3 PERCENT OF THE TOTAL ANNUAL SALARY FOR THE ENTIRE YEAR, WHICH SHOULD BE DEDUCTED IN ACCORDANCE WITH THE REQUIREMENTS OF GENERAL DECISION OF JULY 8, 1932, A-43276, 12 COMP. GEN. 16.