A-46877, JANUARY 28, 1933, 12 COMP. GEN. 512

A-46877: Jan 28, 1933

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IS SAVED FROM FURTHER REDUCTION UNDER OTHER PROVISIONS OF THE ECONOMY ACT BY THE TERMS OF SECTION 105 (E) OF SAID ACT. THE FORMER GENERAL COUNSEL WAS PAID $20. 000 PER ANNUM UNTIL PUBLIC NO. 212 OF THE 72ND CONGRESS WAS APPROVED ON JUNE 30. HE WAS PAID $10. THE EMPLOYMENT OF A GENERAL COUNSEL WAS NOT SPECIFICALLY AUTHORIZED BY THE AGRICULTURAL MARKETING ACT. WAS MADE UNDER SEC. 4 (5). THE QUESTION HAS ARISEN AS TO WHETHER OR NOT THE COMPENSATION OF A GENERAL COUNSEL APPOINTED AT THIS TIME WILL BE SUBJECT TO THE COMPENSATION REDUCTION PROVIDED FOR IN SEC. 105 OF PUBLIC NO. 212 OF THE 72ND CONGRESS. YOUR OPINION IS RESPECTFULLY REQUESTED ON THIS QUESTION. A MEMORANDUM OF OUR LEGAL DIVISION IS ATTACHED ON THIS SUBJECT.

A-46877, JANUARY 28, 1933, 12 COMP. GEN. 512

ECONOMY ACT - PERCENTAGE REDUCTIONS - NEW APPOINTEES THE SALARY OF A NEW APPOINTEE TO A POSITION THE SALARY RATE OF WHICH HAS BEEN REDUCED UNDER THE PROVISIONS OF SECTION 107 OF THE ECONOMY ACT, IS SAVED FROM FURTHER REDUCTION UNDER OTHER PROVISIONS OF THE ECONOMY ACT BY THE TERMS OF SECTION 105 (E) OF SAID ACT.

COMPTROLLER GENERAL MCCARL TO THE ACTING CHAIRMAN, FEDERAL FARM BOARD, JANUARY 28, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JANUARY 19, 1933, AS FOLLOWS:

THE POSITION OF GENERAL COUNSEL OF THE FEDERAL FARM BOARD BECAME VACANT ON DECEMBER 1, 1932. IT HAS NOT AS YET BEEN FILLED. THE FORMER GENERAL COUNSEL WAS PAID $20,000 PER ANNUM UNTIL PUBLIC NO. 212 OF THE 72ND CONGRESS WAS APPROVED ON JUNE 30, 1932. THEREAFTER, UNDER THE PROVISIONS OF SEC. 107 (A) (3), HE WAS PAID $10,000 PER ANNUM UNTIL HIS RESIGNATION ON NOVEMBER 30, 1932.

THE EMPLOYMENT OF A GENERAL COUNSEL WAS NOT SPECIFICALLY AUTHORIZED BY THE AGRICULTURAL MARKETING ACT, BUT WAS MADE UNDER SEC. 4 (5), AUTHORIZING THE EMPLOYMENT OF EXPERTS.

UNDER THE PROVISIONS OF SEC. 107 (A) (3) AND SEC. 107 (B), THE QUESTION HAS ARISEN AS TO WHETHER OR NOT THE COMPENSATION OF A GENERAL COUNSEL APPOINTED AT THIS TIME WILL BE SUBJECT TO THE COMPENSATION REDUCTION PROVIDED FOR IN SEC. 105 OF PUBLIC NO. 212 OF THE 72ND CONGRESS. YOUR OPINION IS RESPECTFULLY REQUESTED ON THIS QUESTION, AS TO WHETHER OR NOT THE COMPENSATION REDUCTION APPLIED TO THIS EMPLOYMENT. A MEMORANDUM OF OUR LEGAL DIVISION IS ATTACHED ON THIS SUBJECT.

SECTION 107 (A), (2), (3), AND (B) OF THE ECONOMY ACT PROVIDES, IN PART, AS FOLLOWS:

SEC. 107. (A) DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(2) THE SALARIES OF THE FOLLOWING OFFICERS SHALL BE AT THE RATE OF $10,000 PER ANNUM: * * * MEMBERS OF THE FEDERAL FARM BOARD * * *

(3) NO OFFICER OR EMPLOYEE OF ANY OF THE BOARDS OR COMMISSIONS ENUMERATED IN PARAGRAPH (1) OR (2) SHALL (EXCEPT AS PROVIDED IN PARAGRAPH (4) RECEIVE SALARY AT A RATE IN EXCESS OF $10,000 PER ANNUM;

(B) THE FURLOUGH PROVISIONS AND THE COMPENSATION REDUCTION CONTAINED IN OTHER SECTIONS OF THIS TITLE, SHALL NOT APPLY TO ANY OFFICE, POSITION, OR EMPLOYMENT THE SALARY OR RETIRED PAY OF WHICH IS REDUCED OR FIXED UNDER THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION.

REDUCTION IN SALARY UNDER THESE PROVISIONS CLEARLY REDUCES THE SALARY RATE OF THE OFFICES OR POSITIONS FOR THE ENTIRE FISCAL YEAR 1933, IRRESPECTIVE OF THE PERSON OCCUPYING THE SAME. IT IS EQUALLY CLEAR THAT THE SAVING AGAINST FURTHER REDUCTIONS UNDER OTHER PROVISIONS OF THE ECONOMY ACT APPEARING IN SUBSECTION (B) ALSO APPLIES TO THE OFFICES OR POSITIONS IRRESPECTIVE OF THE PERSON OCCUPYING THE SAME. NOTE FOR INSTANCE THE DIFFERENCE BETWEEN THE WORDING OF SUBSECTION (E) OF SECTION 105 SAVING POSTMASTERS "91 2/3 PERCENT OF HIS AVERAGE RATE OF COMPENSATION DURING THE CALENDAR YEAR 1931," WHICH HAS BEEN HELD TO RELATE ONLY TO THE SAME PERSON IN THE SAME OFFICE OR POSITION OCCUPIED DURING THE CALENDAR YEAR 1931 AND THE FISCAL YEAR 1933 (12 COMP. GEN. 399), AND THE WORDING OF THE PROVISION OF SUBSECTION (B) OF SECTION 107 WHICH SPECIFICALLY APPLIES "TO ANY OFFICE, POSITION, OR EMPLOYMENT" WITHOUT REGARD TO THE PERSON OCCUPYING THE SAME. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.