A-44212, SEPTEMBER 14, 1932, 12 COMP. GEN. 349

A-44212: Sep 14, 1932

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ECONOMY ACT - POSTAL SERVICE - SPECIAL DELIVERY MESSENGERS SPECIAL-DELIVERY MESSENGER SERVICE IS A PERSONAL SERVICE RENDERED IN OR UNDER A BRANCH OF THE FEDERAL GOVERNMENT. IF THE MESSENGER IS OTHERWISE EMPLOYED BY THE UNITED STATES. THE REDUCTION IS TO BE APPLIED TO THE AGGREGATE COMPENSATION. 1932: THERE ARE BEFORE THIS OFFICE FOR CONSIDERATION THE FOLLOWING QUESTIONS: 1. ARE SPECIAL-DELIVERY MESSENGERS. WHEN SPECIAL-DELIVERY FEES ARE PAID TO A REGULAR OR SUBSTITUTE POSTAL EMPLOYEE FROM WHOSE REGULAR SALARY OR COMPENSATION FURLOUGH OR COMPENSATION DEDUCTIONS ARE NOW BEING MADE. THE POSTMASTERS WERE PAID 80 PERCENT OF THE FACE VALUE OF ALL SPECIAL-DELIVERY STAMPS RECEIVED AT THEIR OFFICE AND OUT OF THAT AMOUNT THEY WERE REQUIRED TO DEFRAY THE EXPENSES OF MAKING THE SPECIAL DELIVERIES.

A-44212, SEPTEMBER 14, 1932, 12 COMP. GEN. 349

ECONOMY ACT - POSTAL SERVICE - SPECIAL DELIVERY MESSENGERS SPECIAL-DELIVERY MESSENGER SERVICE IS A PERSONAL SERVICE RENDERED IN OR UNDER A BRANCH OF THE FEDERAL GOVERNMENT, AND ACCORDINGLY IF THE FEES FOR SUCH SERVICE EXCEED A RATE OF $1,000 PER ANNUM, OR $250 PER QUARTER, THEY MUST BE REDUCED BY 8 1/3 PERCENT. IF THE MESSENGER IS OTHERWISE EMPLOYED BY THE UNITED STATES, THE REDUCTION IS TO BE APPLIED TO THE AGGREGATE COMPENSATION.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 14, 1932:

THERE ARE BEFORE THIS OFFICE FOR CONSIDERATION THE FOLLOWING QUESTIONS:

1. ARE SPECIAL-DELIVERY MESSENGERS, AND EMPLOYEES OF THE POSTAL SERVICE WHEN PERFORMING SERVICE AS SPECIAL-DELIVERY MESSENGERS, EMPLOYEES WITHIN THE MEANING OF SEC. 104 (A) OF THE ECONOMY ACT, AND SHALL A DEDUCTION OF 8 1/3 PERCENT BE MADE FROM THE AMOUNTS PAID THEM, UNDER THE PROVISIONS OF SEC. 105 (D) (7) OF THAT ACT?

2. SHALL THE DEDUCTION OF 8 1/3 PERCENT BE MADE WHEN THE AMOUNT PAID A SPECIAL-DELIVERY MESSENGER IN ANY ONE QUARTER EXCEEDS $250, SUBJECT TO THE LIMITATION IN SEC. 105 (E) (1/? (SEE DECISION A-43811 TO THE ATTORNEY GENERAL DATED AUGUST 9, 1932.)

3. WHEN SPECIAL-DELIVERY FEES ARE PAID TO A REGULAR OR SUBSTITUTE POSTAL EMPLOYEE FROM WHOSE REGULAR SALARY OR COMPENSATION FURLOUGH OR COMPENSATION DEDUCTIONS ARE NOW BEING MADE, SHALL THE AMOUNT OF SUCH PAYMENTS BE CONSIDERED AS A PART OF HIS SALARY OR COMPENSATION AND A DEDUCTION OF 8 1/3 PERCENT BE MADE THEREFROM REGARDLESS OF WHETHER SUCH AMOUNT OF FEES EXCEEDS $250 IN A QUARTER?

UNDER THE ACT OF AUGUST 4, 1886, 24 STAT. 220, THE POSTMASTERS WERE PAID 80 PERCENT OF THE FACE VALUE OF ALL SPECIAL-DELIVERY STAMPS RECEIVED AT THEIR OFFICE AND OUT OF THAT AMOUNT THEY WERE REQUIRED TO DEFRAY THE EXPENSES OF MAKING THE SPECIAL DELIVERIES. SECTION 3 OF THE ACT OF MARCH 2, 1931, 46 STAT. 1469, PROVIDES:

FOR MAKING SPECIAL DELIVERY THERE MAY BE PAID TO THE MESSENGER OR OTHER PERSON MAKING SUCH DELIVERY 9 CENTS, FOR MATTER OF THE FIRST CLASS WEIGHING NOT IN EXCESS OF TWO POUNDS, 10 CENTS FOR MATTER OF OTHER THAN THE FIRST CLASS WEIGHING NOT IN EXCESS OF TWO POUNDS, 15 CENTS FOR MAIL MATTER OF ANY CLASS WEIGHING MORE THAN TWO POUNDS BUT NOT IN EXCESS OF TEN POUNDS, AND 20 CENTS FOR MAIL MATTER OF ANY CLASS WEIGHING IN EXCESS OF TEN POUNDS.

SECTION 849 OF THE POSTAL LAWS AND REGULATIONS, AS AMENDED BY ORDER 2127, JANUARY 23, 1932, PERMITS THE SPECIAL-DELIVERY SERVICE TO BE PERFORMED BY THE POSTMASTER, ASSISTANT POSTMASTER, OR OTHER EMPLOYEE OR COMPETENT PERSON WHOM THE POSTMASTER MAY EMPLOY AS MESSENGER, THE FEES PRESCRIBED BY THE STATUTE TO BE PAID TO THE PERSON SO SELECTED. AS THIS IS A PERSONAL SERVICE RENDERED IN OR UNDER A BRANCH OF THE GOVERNMENT SERVICE, THE SPECIAL-DELIVERY MESSENGERS ARE EMPLOYEES OF THE UNITED STATES; AND IF THEIR COMPENSATION EXCEEDS THE RATE OF $1,000 PER ANNUM, IT MUST BE REDUCED BY 8 1/3 PERCENT. AS QUARTERLY REPORTS ARE MADE OF SPECIAL- DELIVERY SERVICES, THE REDUCTION SHOULD BE MADE ON EACH QUARTERLY ACCOUNT IN WHICH THE AMOUNT PAID TO ANY ONE MESSENGER EXCEEDS $250. IF THE MESSENGER IS OTHERWISE EMPLOYED BY THE UNITED STATES, THE REDUCTION IS TO BE APPLIED TO THE AGGREGATE COMPENSATION RECEIVED PER QUARTER. SEE A- 43811, AUGUST 9, 1932, 12 COMP. GEN. 219, AS TO FEES OF UNITED STATES COMMISSIONERS.