A-43811, AUGUST 9, 1932, 12 COMP. GEN. 219

A-43811: Aug 9, 1932

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ECONOMY ACT - COMPENSATION REDUCTIONS - DEPUTY CLERK OF COURT AND UNITED STATES COMMISSIONER IF THE FEES CLAIMED BY THE UNITED STATES COMMISSIONER WHEN ADDED TO HIS SALARY AS DEPUTY CLERK OF COURT WILL EXCEED $1. OR SUCH LESSER AMOUNT AS WILL REDUCE THE AGGREGATE COMPENSATION TO $1. AS FOLLOWS: YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE SALARY OF A DEPUTY CLERK OF A UNITED STATES DISTRICT COURT. WHICH IS FIXED AT A RATE OF LESS THAN $1. IS SUBJECT TO A DEDUCTION OF 8 1/3 PERCENT. WHO ARE OR MAY BE APPOINTED UNITED STATES COMMISSIONERS. - (D) IN THE CASE OF THE FOLLOWING PERSONS THE RATE OF COMPENSATION IS REDUCED AS FOLLOWS: IF MORE THAN $1. WILL EXCEED $1. UNLESS SUCH REDUCTIONS WILL REDUCE SAID AGGREGATE BELOW $1.

A-43811, AUGUST 9, 1932, 12 COMP. GEN. 219

ECONOMY ACT - COMPENSATION REDUCTIONS - DEPUTY CLERK OF COURT AND UNITED STATES COMMISSIONER IF THE FEES CLAIMED BY THE UNITED STATES COMMISSIONER WHEN ADDED TO HIS SALARY AS DEPUTY CLERK OF COURT WILL EXCEED $1,000 PER ANNUM OR $250 PER QUARTER, THE AGGREGATE (SALARY PLUS FEES) MUST BE REDUCED BY 8 1/3 PERCENT, OR SUCH LESSER AMOUNT AS WILL REDUCE THE AGGREGATE COMPENSATION TO $1,000 PER ANNUM OR $250 PER QUARTER.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, AUGUST 9, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 2, 1932, AS FOLLOWS:

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE SALARY OF A DEPUTY CLERK OF A UNITED STATES DISTRICT COURT, WHICH IS FIXED AT A RATE OF LESS THAN $1,000 PER ANNUM, AND WHO ALSO HOLDS THE OFFICE OF UNITED STATES COMMISSIONER, PURSUANT TO THE PROVISIONS OF THE ACTS OF MAY 28, 1896, MARCH 4, 1921, AND JUNE 16, 1921 (PARAGRAPHS 1492 AND 1494 OF THE BOOK OF INSTRUCTIONS TO COURT OFFICIALS, DATED OCTOBER 1, 1929), MAKING HIS AGGREGATE COMPENSATION SUBSTANTIALLY IN EXCESS OF $1,000 PER ANNUM, IS SUBJECT TO A DEDUCTION OF 8 1/3 PERCENT, ON ACCOUNT OF FURLOUGH LEAVE, UNDER THE PROVISIONS OF THE ECONOMY ACT.

THE ACT OF JUNE 16, 1921, 42 STAT. 41, PROVIDES:

* * * THAT CLERKS OF UNITED STATES DISTRICT COURTS, THEIR DEPUTIES AND ASSISTANTS, WHO ARE OR MAY BE APPOINTED UNITED STATES COMMISSIONERS, MAY RECEIVE COMPENSATION FOR BOTH OFFICES IN AN AGGREGATE AMOUNT NOT EXCEEDING THE RATE OF $2,000 PER ANNUM. * * *

THE APPLICABLE PROVISIONS OF THE ECONOMY ACT PROVIDE AS FOLLOWS:

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, * * *

(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; * * *

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;

(E) SUBSECTIONS (C) AND (D) OF THIS SECTION SHALL NOT OPERATE (1) SO AS TO REDUCE ANY RATE OF COMPENSATION TO LESS THAN $1,000 PER ANNUM, * * *

THE ACT OF JUNE 16, 1921, SUPRA, SPECIFICALLY INCLUDES THE FEES OF UNITED STATES COMMISSIONERS IN THE TERM "COMPENSATION.' ACCORDINGLY, IF THE FEES CLAIMED BY A UNITED STATES COMMISSIONER, WHEN ADDED TO THE SALARY AS CLERK OF THE COURT, WILL EXCEED $1,000 PER ANNUM OR $250 PER QUARTER, THE AGGREGATE (SALARY PLUS AMOUNT OF FEES) MUST BE REDUCED BY 8 1/3 PERCENT, UNLESS SUCH REDUCTIONS WILL REDUCE SAID AGGREGATE BELOW $1,000, IN WHICH EVENT THE AGGREGATE WILL BE REDUCED ONLY TO $1,000 PER ANNUM, OR $250 PER QUARTER.