A-43785, AUGUST 9, 1932, 12 COMP. GEN. 215

A-43785: Aug 9, 1932

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IS REDUCED ACCORDINGLY BY 8 1/3 PERCENT. SUCH COMPENSATION IS NOT AFFECTED BY THE ECONOMY ACT. 000 PER ANNUM ARE SUBJECT TO AN 8 1/3 PERCENT REDUCTION. THE ANNUAL LEAVE WITH PAY GRANTED TO CARETAKERS OF THE NATIONAL GUARD BY N.G.R. 79 IS NOT RESTRICTED TO TIME SPENT IN FIELD TRAINING. IS NOT MILITARY LEAVE SUCH AS IS GRANTED BY STATUTE TO CIVILIAN EMPLOYEES FOR NATIONAL GUARD TRAINING PURPOSES. SUCH ANNUAL LEAVE IS ACCORDINGLY SUSPENDED DURING THE FISCAL YEAR 1933 BY SECTION 103 OF THE ECONOMY ACT. YOUR DECISION IS REQUESTED UPON THE FOLLOWING QUESTIONS: (A) IS THE FIELD TRAINING PAY OF OFFICERS AND WARRANT OFFICERS AFFECTED BY THE ACT? (B) IS THE ARMORY DRILL PAY OF OFFICERS AND WARRANT OFFICERS AFFECTED?

A-43785, AUGUST 9, 1932, 12 COMP. GEN. 215

ECONOMY ACT - NATIONAL GUARD PAY - LEAVE FIELD TRAINING PAY OF NATIONAL GUARD OFFICERS, INCLUDING WARRANT OFFICERS, BEING THE SAME AS THAT OF OFFICERS OF THE REGULAR ARMY, OF THE SAME RANK AND LENGTH OF SERVICE, IS REDUCED ACCORDINGLY BY 8 1/3 PERCENT. AS ARMORY DRILL PAY, AND ADMINISTRATIVE FUNCTION PAY OF OFFICERS OF THE NATIONAL GUARD, MAY NOT EXCEED $1,000 PER ANNUM, SUCH COMPENSATION IS NOT AFFECTED BY THE ECONOMY ACT. UNITED STATES PROPERTY AND DISBURSING OFFICERS AND CARETAKERS OF THE NATIONAL GUARD WHO RECEIVE PAY AT A RATE IN EXCESS OF $1,000 PER ANNUM ARE SUBJECT TO AN 8 1/3 PERCENT REDUCTION, OR SUCH LESSER REDUCTION AS MAY BE NECESSARY TO REDUCE THEIR COMPENSATION TO $1,000 PER ANNUM. THE ANNUAL LEAVE WITH PAY GRANTED TO CARETAKERS OF THE NATIONAL GUARD BY N.G.R. 79 IS NOT RESTRICTED TO TIME SPENT IN FIELD TRAINING, AND IS NOT MILITARY LEAVE SUCH AS IS GRANTED BY STATUTE TO CIVILIAN EMPLOYEES FOR NATIONAL GUARD TRAINING PURPOSES. SUCH ANNUAL LEAVE IS ACCORDINGLY SUSPENDED DURING THE FISCAL YEAR 1933 BY SECTION 103 OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 9, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 28, 1932, AS FOLLOWS:

IN CONSIDERING THE APPLICATION TO THE NATIONAL GUARD OF THE PROVISIONS OF PART II OF THE LEGISLATIVE APPROPRIATION ACT OF 1933, APPROVED JUNE 30, 1932, PUB. NO. 212, YOUR DECISION IS REQUESTED UPON THE FOLLOWING QUESTIONS:

(A) IS THE FIELD TRAINING PAY OF OFFICERS AND WARRANT OFFICERS AFFECTED BY THE ACT?

(B) IS THE ARMORY DRILL PAY OF OFFICERS AND WARRANT OFFICERS AFFECTED?

(C) IS THE ADMINISTRATIVE FUNCTIONS PAY OF OFFICERS AFFECTED?

(D) IS THE PAY OF UNITED STATES PROPERTY AND DISBURSING OFFICERS WHO RECEIVE PAY AT THE RATE OF MORE THAN $1,000.00 PER ANNUM AFFECTED?

(E) IS THE PAY OF CARETAKERS WHO RECEIVE PAY AT A RATE OF MORE THAN $1,000.00 PER ANNUM AFFECTED?

(F) MAY COMMISSIONED OR ENLISTED CARETAKERS BE GRANTED 15 DAYS' ANNUAL LEAVE WITH PAY FOR THE PURPOSE OF PARTICIPATING IN FIELD TRAINING WITH THEIR ORGANIZATIONS, WHICH LEAVE APPEARS TO BE IN EFFECT, A "MILITARY LEAVE" AUTHORIZED BY PAR. 11, NGR 79?

THE WAR DEPARTMENT WILL APPRECIATE YOUR EARLY DECISION UPON THE QUESTIONS SUBMITTED ABOVE.

THE QUESTIONS WILL BE ANSWERED IN THE ORDER STATED.

(A) SECTION 94 OF THE ACT OF JUNE 3, 1916, 39 STAT. 206, PROVIDES THAT DURING THE PARTICIPATION OF THE NATIONAL GUARD IN ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES FOR FIELD AND COAST-DEFENSE INSTRUCTION, THE OFFICERS AND ENLISTED MEN SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR THEREAFTER MAY BE ENTITLED TO BY LAW. SECTIONS 104 (A) AND (B) AND 105 (D) (6) OF THE ACT OF JUNE 30, 1932, 47 STAT. 400, 401, PROVIDE:

SEC. 104. WHEN USED IN THIS TITLE---

(A) THE TERMS "OFFICER" AND "EMPLOYEE" MEAN ANY PERSON RENDERING SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, BUT DO NOT INCLUDE (1) OFFICERS WHOSE COMPENSATION MAY NOT, UNDER THE CONSTITUTION, BE DIMINISHED DURING THEIR CONTINUANCE IN OFFICE; (2) SENATORS, REPRESENTATIVES IN CONGRESS, DELEGATES, AND RESIDENT COMMISSIONERS; (3) OFFICERS AND EMPLOYEES ON THE ROLLS OF THE SENATE AND HOUSE OF REPRESENTATIVES; (4) CARRIERS IN THE RURAL MAIL DELIVERY SERVICE; (5) OFFICERS AND MEMBERS OF THE POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA, OF THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA, OF THE UNITED STATES PARK POLICE IN THE DISTRICT OF COLUMBIA, AND OF THE WHITE HOUSE POLICE; (6) TEACHERS IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA; (7) PUBLIC OFFICIALS AND EMPLOYEES WHOSE COMPENSATION IS DERIVED FROM ASSESSMENTS ON BANKS AND/OR IS NOT PAID FROM THE FEDERAL TREASURY; (8) THE ENLISTED PERSONNEL OF THE ARMY, NAVY, COAST GUARD, AND MARINE CORPS; (9) POSTMASTERS AND POSTAL EMPLOYEES OF POST OFFICES OF THE FIRST, SECOND, AND THIRD CLASSES WHOSE SALARY OR ALLOWANCES ARE BASED ON GROSS POSTAL RECEIPTS, AND POSTMASTERS OF THE FOURTH CLASS; (10) ANY PERSON IN RESPECT OF ANY OFFICE, POSITION, OR EMPLOYMENT THE AMOUNT OF COMPENSATION OF WHICH IS EXPRESSLY FIXED BY INTERNATIONAL AGREEMENT; AND (11) ANY PERSON IN RESPECT OF ANY OFFICE, POSITION, OR EMPLOYMENT THE COMPENSATION OF WHICH IS PAID UNDER THE TERMS OF ANY CONTRACT IN EFFECT ON THE DATE OF THE ENACTMENT OF THIS ACT, IF SUCH COMPENSATION MAY NOT LAWFULLY BE REDUCED.

(B) THE TERM "COMPENSATION" MEANS ANY SALARY, PAY, WAGE, ALLOWANCE (EXCEPT ALLOWANCES FOR SUBSISTENCE, QUARTERS, HEAT, LIGHT, AND TRAVEL), OR OTHER EMOLUMENT PAID FOR SERVICES RENDERED IN ANY CIVILIAN OR NONCIVILIAN OFFICE, POSITION, OR EMPLOYMENT; AND INCLUDES THE RETIRED PAY OF JUDGES, AND THE RETIRED PAY OF ALL COMMISSIONED AND OTHER PERSONNEL OF THE COAST AND GEODETIC SURVEY, THE LIGHTHOUSE SERVICE, AND THE PUBLIC HEALTH SERVICE, AND THE RETIRED PAY OF ALL COMMISSIONED AND OTHER PERSONNEL (EXCEPT ENLISTED) OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD; BUT DOES NOT INCLUDE THE ACTIVE OR RETIRED PAY OF THE ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD; AND DOES NOT INCLUDE PAYMENTS OUT OF ANY RETIREMENT, DISABILITY, OR RELIEF FUND MADE UP WHOLLY OR IN PART OF CONTRIBUTIONS OF EMPLOYEES.'

SEC. 105. DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(D) IN THE CASE OF THE FOLLOWING PERSONS THE RATE OF COMPENSATION IS REDUCED AS FOLLOWS: IF MORE THAN $1,000 PER ANNUM BUT LESS THAN $10,000 PER ANNUM, 8 1/3 PERCENTUM; * * *

(6) OFFICERS AND EMPLOYEES (AS DEFINED IN SECTION 104 (A) OCCUPYING POSITIONS THE NATURE OF THE DUTIES AND PERIODS OF WORK OF WHICH MAKE IT IMPRACTICABLE TO APPLY THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF SECTION 101.

THE FIELD TRAINING PAY OF NATIONAL GUARD OFFICERS, INCLUDING WARRANT OFFICERS, BEING THE SAME AS THAT OF OFFICERS OF THE REGULAR ARMY, IT FOLLOWS THAT THEIR PAY IS REDUCED ACCORDINGLY; THAT IS, BY 8 1/3 PERCENT.

(B) AND (C) SECTION 109 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 209, AS AMENDED (U.S.C. 32:148) PRESCRIBES THE PAY OF CAPTAINS, LIEUTENANTS, AND WARRANT OFFICERS BELONGING TO ORGANIZATIONS OF THE NATIONAL GUARD AT ONE-THIRTIETH OF THE BASE PAY OF THEIR GRADE FOR EACH DRILL ATTENDED NOT EXCEEDING 60 IN ANY YEAR; FOR OFFICERS ABOVE THE GRADE OF CAPTAIN A PAY NOT EXCEEDING $500 PER ANNUM, AND FOR OFFICERS BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS A PAY NOT EXCEEDING FOUR- THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES IS AUTHORIZED FOR THE PERFORMANCE OF THEIR APPROPRIATE DUTIES. IN ADDITION, A MAXIMUM OF $250 PER ANNUM IS AUTHORIZED FOR OFFICERS COMMANDING ORGANIZATIONS LESS THAN A BRIGADE FOR THE FAITHFUL PERFORMANCE OF THEIR ADMINISTRATIVE FUNCTIONS. AS IN ANY CASE NO OFFICER WOULD BE ENTITLED FOR ARMORY DRILL PAY TO AS MUCH AS $1,000 PER ANNUM BY REASON OF THE DRILL PAY AND ADMINISTRATIVE FUNCTIONS PAY, SUCH COMPENSATION IS NOT AFFECTED BY THE ECONOMY ACT.

(D) AND (E) UNITED STATES PROPERTY AND DISBURSING OFFICERS AND CARETAKERS WHO RECEIVE PAY AT A RATE IN EXCESS OF $1,000 PER ANNUM ARE WITHIN THE DEFINITION OF OFFICERS OR EMPLOYEES FOUND IN PARAGRAPH 104 (A) OF THE ECONOMY ACT AND ARE SUBJECT TO AN 8 1/3 PERCENT REDUCTION OR SUCH LESSER REDUCTION AS MAY BE NECESSARY TO REDUCE THEIR COMPENSATION TO $1,000 PER ANNUM. SEE A-43204, JULY 29, 1932.

(F) THE ANNUAL LEAVE WITH PAY OF 15 DAYS GRANTED TO CARETAKERS OF THE NATIONAL GUARD BY N.G.R. 79 IS NOT RESTRICTED BY THE REGULATION TO THE TIME SPENT IN FIELD TRAINING. THE DUTY OF CARETAKERS IF ENLISTED MEN OF THE ORGANIZATION WOULD NECESSARILY TAKE THEM WITH THE ORGANIZATION AND REQUIRE PARTICIPATION IN SUCH TRAINING AND NO MILITARY LEAVE WOULD BE NECESSARY FOR THAT PURPOSE. THE ONLY EFFECT OF GRANTING THEM LEAVE OF ABSENCE WITH PAY CONCURRENTLY WITH THE PERIOD OF SUCH TRAINING IS TO REMOVE THE RESTRICTION AGAINST THE RECEIPT OF BOTH THEIR CARETAKERS' PAY AND TRAINING PAY AT THE SAME TIME. IN NO SENSE OF THE WORD IS SUCH LEAVE TO BE CONSIDERED AS MILITARY LEAVE SUCH AS IS GRANTED BY THE ACT OF JUNE 3, 1916, 39 STAT. 309, TO CIVILIAN EMPLOYEES FOR NATIONAL GUARD TRAINING PURPOSES. SEE DECISION 1 COMP. GEN. 602, AS MODIFIED BY A-27362, JULY 5, 1929. ACCORDINGLY, NO LEAVE WITH PAY MAY BE GRANTED CARETAKERS DURING THE FISCAL YEAR 1933, SUCH LEAVE BEING PROHIBITED BY SECTION 103 OF THE ECONOMY ACT.