A-44522, SEPTEMBER 13, 1932, 12 COMP. GEN. 348

A-44522: Sep 13, 1932

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WILL ENTITLE THE EMPLOYEE TO THE INCREASED COMPENSATION. IT IS UNDERSTOOD THAT YOUR OFFICE HAS HELD THAT A TRANSFER IS A DISCHARGE FROM ONE POSITION AND APPOINTMENT TO ANOTHER. DECISION IS REQUESTED WHETHER THE DEPARTMENT CAN FILL VACANCIES IN THE INSULAR POSSESSIONS BY THE TRANSFER OF EMPLOYEES FROM CONTINENTAL UNITED STATES WITH THE USUAL INCREASE IN PAY. NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED. SHALL BE USED TO PAY THE COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS VACANT ON JULY 1.

A-44522, SEPTEMBER 13, 1932, 12 COMP. GEN. 348

ECONOMY ACT - ADMINISTRATIVE PROMOTIONS - INSULAR POSSESSIONS IT HAVING BEEN THE ESTABLISHED PRACTICE TO PAY EMPLOYEES $200 PER ANNUM MORE FOR DUTIES PERFORMED IN THE PHILLIPINE ISLANDS OR OTHER INSULAR POSSESSIONS THAN FOR SIMILAR DUTIES IN THE UNITED STATES, THE FILLING OF VACANT POSITIONS IN THE INSULAR POSSESSIONS BY TRANSFER FROM POSITIONS IN THE UNITED STATES, WHEN AUTHORIZED OR APPROVED BY THE PRESIDENT, UNDER SECTION 203 OF THE ECONOMY ACT, WILL ENTITLE THE EMPLOYEE TO THE INCREASED COMPENSATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 13, 1932:

THERE HAS BEEN RECEIVED YOUR INDORSEMENT OF SEPTEMBER 6, 1932 (ON LETTER OF AUGUST 4, 1932, FROM THE CHIEF OF AIR CORPS), AS FOLLOWS:

IT HAS LONG BEEN THE POLICY OF THE DEPARTMENT TO INCREASE BY $200 PER ANNUM THE RATE OF PAY OF EACH EMPLOYEE TRANSFERRED FROM CONTINENTAL UNITED STATES TO DUTY IN THE PHILIPPINE ISLANDS OR OTHER INSULAR POSSESSIONS. THE PRESIDENT HAS AUTHORIZED THE DEPARTMENT TO FILL ABSOLUTELY ESSENTIAL POSITIONS OUTSIDE THE LIMITS OF CONTINENTAL UNITED STATES UNDER SECTION 203 OF THE ECONOMY ACT. IT IS UNDERSTOOD THAT YOUR OFFICE HAS HELD THAT A TRANSFER IS A DISCHARGE FROM ONE POSITION AND APPOINTMENT TO ANOTHER. DECISION IS REQUESTED WHETHER THE DEPARTMENT CAN FILL VACANCIES IN THE INSULAR POSSESSIONS BY THE TRANSFER OF EMPLOYEES FROM CONTINENTAL UNITED STATES WITH THE USUAL INCREASE IN PAY.

SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, SUSPENDS DURING THE FISCAL YEAR 1933 ALL PROVISIONS OF LAW FOR AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION.

SECTIONS 202 AND 203 OF THAT ACT PROVIDE:

SEC. 202. NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. THE PRESIDENT SHALL SUBMIT TO CONGRESS A REPORT OF THE VACANCIES FILLED UNDER THIS SECTION UP TO NOVEMBER 1, 1932, ON THE FIRST DAY OF THE NEXT REGULAR SESSION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS OF THE COAST GUARD.

SEC. 203. NO APPROPRIATION AVAILABLE TO ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR TO THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA DURING THE FISCAL YEAR ENDING JUNE 30, 1933, SHALL BE USED TO PAY THE COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS VACANT ON JULY 1, 1932, OR TO ANY SUCH POSITION WHICH MAY BECOME VACANT AFTER SUCH DATE: PROVIDED, THAT THIS INHIBITION SHALL NOT APPLY (A) TO ABSOLUTELY ESSENTIAL POSITIONS THE FILLING OF WHICH MAY BE AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES, (B) TO TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS, OR (C) TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS OF THE COAST GUARD. THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY THE OPERATION OF THIS SECTION SHALL NOT BE USED FOR ANY OTHER PURPOSES BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY, AND A REPORT OF ALL SUCH VACANCIES, THE NUMBER THEREOF FILLED, AND THE AMOUNTS UNEXPENDED, FOR THE PERIOD BETWEEN JULY 1, 1932, AND OCTOBER 31, 1932, SHALL BE SUBMITTED TO CONGRESS ON THE FIRST DAY OF THE NEXT REGULAR SESSION: PROVIDED, THAT SUCH IMPOUNDING OF FUNDS MAY BE WAIVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES IN CONNECTION WITH ANY APPROPRIATION OR PORTION OF APPROPRIATION, WHEN, IN HIS JUDGMENT, SUCH ACTION IS NECESSARY AND IN THE PUBLIC INTEREST.

THE INCREASE INCIDENT TO A TRANSFER FROM THE UNITED STATES TO THE PHILIPPINE ISLANDS OR OTHER INSULAR POSSESSIONS IS NOT AN AUTOMATIC INCREASE WITHIN THE PURVIEW OF SECTION 201, SUPRA, AND IF, AS IS UNDERSTOOD FROM YOU SUBMISSION, THE FILLING OF POSITIONS IN THE PHILIPPINE ISLANDS AND OTHER INSULAR POSSESSIONS HAS BEEN SPECIFICALLY AUTHORIZED OR APPROVED BY THE PRESIDENT IN WRITING, SUCH INCREASES ARE NOT TO BE CONSTRUED AS ADMINISTRATIVE PROMOTIONS WITHIN THE MEANING OF SECTION 202 OF THE ECONOMY ACT.