A-45424, NOVEMBER 16, 1932, 12 COMP. GEN. 448

A-45424: Nov 16, 1932

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ECONOMY ACT - COMBINED COMPENSATION OF CIVILIAN POSITION AND RETIRED PAY FOR ANY PERIOD AN OFFICER OR EMPLOYEE IS IN A NONPAY STATUS IN HIS CIVILIAN OFFICE OR POSITION OTHER THAN WHEN ON LEGISLATIVE FURLOUGH UNDER SECTION 101 (B) OF THE ECONOMY ACT. IS NOT APPLICABLE. PAYMENT OF THE FULL AMOUNT OF RETIRED PAY LESS PERCENTAGE REDUCTION UNDER SECTION 106 OF THE ECONOMY ACT IS AUTHORIZED. AS FOLLOWS: I HAVE THE HONOR TO REFER TO SECTION 212. WHICH DENIES OR REDUCES THE RETIRED PAY OF OFFICERS ENUMERATED THEREIN WHO ARE "HOLDING A CIVILIAN OFFICE OR POSITION. THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE UNITED STATES. IT IS THE COMBINED RATE OF COMPENSATION WHICH CONTROLS. THERE IS NOW PENDING BEFORE THIS ADMINISTRATION THE CASE OF CHARLES E.

A-45424, NOVEMBER 16, 1932, 12 COMP. GEN. 448

ECONOMY ACT - COMBINED COMPENSATION OF CIVILIAN POSITION AND RETIRED PAY FOR ANY PERIOD AN OFFICER OR EMPLOYEE IS IN A NONPAY STATUS IN HIS CIVILIAN OFFICE OR POSITION OTHER THAN WHEN ON LEGISLATIVE FURLOUGH UNDER SECTION 101 (B) OF THE ECONOMY ACT, THE RESTRICTION OF SECTION 212 OF THE ECONOMY ACT, LIMITING TO THE COMBINED RATE OF $3,000 PER ANNUM, THE RECEIPT OF SALARY OF HIS CIVILIAN OFFICE OR POSITION AND RETIRED PAY, IS NOT APPLICABLE, BUT PAYMENT OF THE FULL AMOUNT OF RETIRED PAY LESS PERCENTAGE REDUCTION UNDER SECTION 106 OF THE ECONOMY ACT IS AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, NOVEMBER 16, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF OCTOBER 22, 1932, AS FOLLOWS:

I HAVE THE HONOR TO REFER TO SECTION 212, PUBLIC 212, 72ND CONGRESS (THE ECONOMY ACT, WHICH DENIES OR REDUCES THE RETIRED PAY OF OFFICERS ENUMERATED THEREIN WHO ARE "HOLDING A CIVILIAN OFFICE OR POSITION, APPOINTIVE OR ELECTIVE, UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA OR UNDER ANY CORPORATION, THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE UNITED STATES," AND YOUR DECISION OF AUGUST 17, 1932, A-43871, HOLDING THAT IN APPLYING THE LIMITATION OF $3,000 PER ANNUM UNDER SECTION 212 OF THE ECONOMY ACT, IT IS THE COMBINED RATE OF COMPENSATION WHICH CONTROLS, IRRESPECTIVE OF THE NUMBER OF HOURS OR DAYS OF WORK IN THE CIVILIAN OFFICE OR POSITION, AND NOT THE TOTAL AMOUNT OF CIVILIAN PAY AND RETIRED PAY RECEIVED DURING THE YEAR.

THERE IS NOW PENDING BEFORE THIS ADMINISTRATION THE CASE OF CHARLES E. NULL, C-338,044, WHO HAS BEEN RETIRED WITH PAY UNDER THE PROVISIONS OF THE ACT OF MAY 24, 1928 (THE EMERGENCY OFFICERS' RETIREMENT ACT) AND WHO IS CARRIED ON THE ROLLS OF THE DEPARTMENT OF AGRICULTURE AS AN ASSOCIATE CROP AND LIVESTOCK ESTIMATOR AT A GROSS ANNUAL SALARY OF $3,200, BUT WHO HAS BEEN ON A LEAVE WITHOUT PAY STATUS SINCE SEPTEMBER 9, 1930. THE DEPARTMENT OF AGRICULTURE HAS RECENTLY ADVISED THAT AN EXTENSION OF LEAVE WITHOUT PAY TO SEPTEMBER, 1933, HAS BEEN APPROVED.

THE QUESTION AT ISSUE IN THIS CASE IS WHETHER THE CLAIMANT MAY BE PAID BY THIS ADMINISTRATION THE FULL AMOUNT OF THE RETIRED PAY (SUBJECT, OF COURSE, TO THE 8 1/3 PERCENT REDUCTION REQUIRED BY SECTION 106 OF THE ECONOMY ACT) OR ONLY THE DIFFERENCE BETWEEN THE ANNUAL RATE OF SALARY (THAT IS $3,200 LESS REDUCTION REQUIRED BY SECTION 101 OF THE ECONOMY ACT) AND $3,000 PER ANNUM.

THE EVIDENCE IN THE CLAIMS FILE OF THIS VETERAN DISCLOSES THAT HIS ABSENCE WITHOUT PAY SINCE SEPTEMBER 9, 1930, HAS BEEN OCCASIONED BY THE DISABILITY ON ACCOUNT OF WHICH RETIREMENT WITH PAY WAS GRANTED, AND WHICH HAS BEEN RATED AS PERMANENTLY AND TOTALLY DISABLING. THIS DISABILITY, HOWEVER, WAS NOT INCURRED IN COMBAT WITH AN ENEMY OF THE UNITED STATES. HE IS AT PRESENT A PATIENT IN FITZSIMONS GENERAL HOSPITAL, DENVER, COLORADO.

SECTION 212 OF THE ECONOMY ACT IS A RESTRICTION ON THE RECEIPT OF CIVILIAN COMPENSATION AND RETIRED PAY. FOR ANY PERIOD AN OFFICER OR EMPLOYEE IS IN A NONPAY STATUS IN HIS CIVILIAN OFFICE OR POSITION--- OTHER THAN WHEN ON FURLOUGH UNDER SECTION 101 OF THE ECONOMY ACT--- THE RESTRICTION OF THE SAID SECTION 212 IS NOT APPLICABLE AND PAYMENT OF THE FULL AMOUNT OF HIS RETIRED PAY LESS PERCENTAGE REDUCTION UNDER SECTION 106 OF THE ECONOMY ACT IS AUTHORIZED.

YOU ARE ADVISED, THEREFORE, ON THE FACTS PRESENTED, THAT CHARLES E. NULL MAY BE PAID THE FULL AMOUNT OF HIS RETIRED PAY LESS 8 1/3 PERCENT FOR IMPOUNDING.