A-46683, JANUARY 25, 1933, 12 COMP. GEN. 509

A-46683: Jan 25, 1933

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MAY HAVE BEEN TAKEN BY THE EMPLOYEE PRIOR TO HIS TRANSFER. EDWARDS' FURLOUGH DEDUCTIONS HAVE BEEN COMPLETED AND TIME TAKEN OFF IN THE SEPTEMBER AND DECEMBER QUARTERS. WAS TRANSFERRED TO THE POSITION OF RURAL DELIVERY CARRIER AT CEDAREDGE. THAT FURLOUGH DEDUCTIONS FOR 24 DAYS' LEGISLATIVE FURLOUGH TAKEN BY THE EMPLOYEE HAVE BEEN MADE FROM HIS COMPENSATION TO DECEMBER 31. THE POSITION TO WHICH THIS EMPLOYEE WAS TRANSFERRED IS NOT SUBJECT TO THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT PROVIDING FOR LEGISLATIVE FURLOUGH. WHEREIN WAS CONSIDERED THE STATUS. IT WAS HELD: * * * THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT CLEARLY ARE INTENDED TO APPLY TO THE EMPLOYEES RATHER THAN TO THE POSITIONS.

A-46683, JANUARY 25, 1933, 12 COMP. GEN. 509

ECONOMY ACT - TRANSFER FROM POSITION SUBJECT TO LEGISLATIVE FURLOUGH TO POSITION SUBJECT TO PERCENTAGE REDUCTIONS UPON THE TRANSFER OF AN EMPLOYEE FROM A POSITION SUBJECT TO LEGISLATIVE FURLOUGH TO A POSITION SUBJECT TO THE 8 1/3 PERCENT REDUCTION WITHOUT FURLOUGH, THERE WOULD BE REQUIRED THE SAME ADJUSTMENT IN THE SALARY OF THE POSITION FROM WHICH TRANSFERRED AS THOUGH THE EMPLOYEE HAD BEEN SEPARATED FROM THE SERVICE, AND THE SALARY OF THE EMPLOYEE IN THE POSITION TO WHICH TRANSFERRED WOULD BE SUBJECT TO THE 8 1/3 PERCENT REDUCTION FOR THE REMAINDER OF THE FISCAL YEAR, EVEN THOUGH ALL OF THE 24 WORKING DAYS' LEGISLATIVE FURLOUGH, THE MAXIMUM REQUIRED BY THE STATUTE FOR THE FISCAL YEAR, MAY HAVE BEEN TAKEN BY THE EMPLOYEE PRIOR TO HIS TRANSFER.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 25, 1933:

THERE HAS BEEN REFERRED TO THIS OFFICE FOR CONSIDERATION AND REPLY THE FOLLOWING LETTER FROM THE POSTMASTER OF THE DENVER, COLORADO, POST OFFICE TO THE FIRST ASSISTANT POSTMASTER GENERAL:

IN REGARD TO SALARY PAYMENT TO BE MADE TO CARRIER FLOYD O. EDWARDS, TRANSFERRED TO THE POSITION OF RURAL CARRIER AT CEDAREDGE, COLORADO, THIS OFFICE REQUESTS INSTRUCTIONS.

MR. EDWARDS' FURLOUGH DEDUCTIONS HAVE BEEN COMPLETED AND TIME TAKEN OFF IN THE SEPTEMBER AND DECEMBER QUARTERS--- 14 DAYS TAKEN IN SEPTEMBER QUARTER AND 10 DAYS IN DECEMBER QUARTER.

MR. EDWARDS' TRANSFER EFFECTIVE JANUARY 9, 1933, WOULD SUBJECT HIM TO DEDUCTION FROM THAT DATE, AS A RURAL CARRIER, NOT FURLOUGH.

THIS OFFICE REQUESTS INSTRUCTION AS TO ADJUSTMENT OF SALARY AND RETIREMENT DEDUCTIONS.

IT APPEARS THAT FLOYD O. EDWARDS, A CITY DELIVERY CARRIER AT DENVER, COLORADO, RECEIVING A SALARY OF $1,900 PER ANNUM, WAS TRANSFERRED TO THE POSITION OF RURAL DELIVERY CARRIER AT CEDAREDGE, COLORADO, WITH SALARY AT $1,890 PER ANNUM, EFFECTIVE JANUARY 9, 1933, AND THAT FURLOUGH DEDUCTIONS FOR 24 DAYS' LEGISLATIVE FURLOUGH TAKEN BY THE EMPLOYEE HAVE BEEN MADE FROM HIS COMPENSATION TO DECEMBER 31, 1932. THE POSITION OF CARRIER IN THE RURAL MAIL DELIVERY SERVICE COMES UNDER THE CLASSES OF POSITIONS TO WHICH THE PROVISION FOR AN 8 1/3 PERCENT COMPENSATION DEDUCTION APPLIES UNDER SECTION 105 (D) (2), WHICH READS AS FOLLOWS:

CARRIERS IN THE RURAL MAIL DELIVERY SERVICE, BUT IN THE CASE OF SUCH CARRIERS THE TERM ,COMPENSATION" DOES NOT INCLUDE THE ALLOWANCE FOR EQUIPMENT MAINTENANCE.

THEREFORE, THE POSITION TO WHICH THIS EMPLOYEE WAS TRANSFERRED IS NOT SUBJECT TO THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT PROVIDING FOR LEGISLATIVE FURLOUGH.

IN DECISION OF DECEMBER 30, 1932, A-46379, 12 COMP. GEN. 484, WHEREIN WAS CONSIDERED THE STATUS, UNDER THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT, OF SEVERAL EMPLOYEES TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER, IT WAS HELD:

* * * THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT CLEARLY ARE INTENDED TO APPLY TO THE EMPLOYEES RATHER THAN TO THE POSITIONS, THAT IS, THE PLAN OF DEDUCTION FROM COMPENSATION IS PERSONAL TO THE EMPLOYEE THROUGHOUT THE FISCAL YEAR, WHETHER IN ONE OR MORE POSITIONS AND IRRESPECTIVE OF VARIATION IN SALARY RATE; * * *

THE SAME MAY NOT BE STATED, HOWEVER, WITH RESPECT TO AN EMPLOYEE TRANSFERRED FROM A POSITION SUBJECT TO LEGISLATIVE FURLOUGH TO A POSITION SUBJECT TO THE PROVISIONS REQUIRING AN 8 1/3 PERCENT REDUCTION IN COMPENSATION WITHOUT FURLOUGH. THE EFFECT OF APPLYING THE PROVISIONS OF SECTION 105 (D) IS TANTAMOUNT TO REDUCING THE SALARY RATE OF THE POSITION FOR THE FISCAL YEAR. THEREFORE, UPON THE TRANSFER OF AN EMPLOYEE FROM A POSITION SUBJECT TO LEGISLATIVE FURLOUGH TO A POSITION SUBJECT TO THE 8 1/3 PERCENT REDUCTION WITHOUT FURLOUGH, THERE WOULD BE REQUIRED THE SAME ADJUSTMENT IN THE SALARY OF THE POSITION FROM WHICH TRANSFERRED AS THOUGH THE EMPLOYEE HAD BEEN SEPARATED FROM THE SERVICE (DECISION OF JANUARY 7, 1933, A-46442, 12 COMP. GEN. 485, AND CASES THEREIN CITED), AND THE SALARY OF THE EMPLOYEE IN THE POSITION TO WHICH TRANSFERRED WOULD BE SUBJECT TO THE 8 1/3 PERCENT REDUCTION FOR THE REMAINDER OF THE FISCAL YEAR, EVEN THOUGH ALL OF THE 24 WORKING DAYS' LEGISLATIVE FURLOUGH, THE MAXIMUM REQUIRED BY THE STATUTE FOR THE FISCAL YEAR, OR ONLY A PART THEREOF, MAY HAVE BEEN TAKEN BY THE EMPLOYEE PRIOR TO HIS TRANSFER.

IN THE INSTANT CASE, THEREFORE, AS FLOYD O. EDWARDS ACTUALLY WAS ABSENT ON LEGISLATIVE FURLOUGH FOR 24 WORKING DAYS WHILE SERVINGAS A CITY DELIVERY CARRIER PRIOR TO THE DATE OF HIS TRANSFER, FOR WHICH THE TOTAL OF 30 DAYS' PAY IS UNDERSTOOD TO HAVE BEEN DEDUCTED, THERE IS NO ADJUSTMENT AUTHORIZED OR REQUIRED IN HIS SALARY AS CITY DELIVERY CARRIER, AND HIS SALARY AS CARRIER IN THE RURAL MAIL DELIVERY SERVICE WILL BE SUBJECT TO THE 8 1/3 PERCENT REDUCTION UNDER THE TERMS OF SECTION 105 (D) (2) OF THE ECONOMY ACT FOR THE REMAINDER OF THE FISCAL YEAR. THE ACCOUNTS WILL BE AUDITED ACCORDINGLY, AND IT IS REQUESTED THAT THE POSTMASTER AT DENVER BE SO ADVISED.