A-47718, MARCH 23, 1933, 12 COMP. GEN. 555

A-47718: Mar 23, 1933

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1933 THE UNUSED PORTION OF 18 WORKING DAYS' LEGISLATIVE FURLOUGH FOR WHICH DEDUCTIONS FROM COMPENSATION WERE MADE UNDER THE TERMS OF SECTION 101 (B) OF THE ECONOMY ACT OF JUNE 30. AS FOLLOWS: YOUR DECISION ON THE FOLLOWING QUESTION IS REQUESTED: WHERE A GOVERNMENT EMPLOYEE WHO IS SUBJECT TO A DEDUCTION OF 8 1/3 PERCENT OF HIS PAY UNDER THE PROVISIONS OF THE "ECONOMY ACT" HAS (A) THROUGH ELECTION ON HIS PART. THERE WILL BE NO PROVISION DURING THE FISCAL YEAR 1934 FOR GRANTING LEGISLATIVE FURLOUGH. INVOLVED SOLELY A FISCAL YEAR PROPOSITION YOUR QUESTION IS ANSWERED IN THE NEGATIVE. THERE MUST HAVE BEEN DEDUCTED AND WITHHELD FROM THE COMPENSATION OF EACH EMPLOYEE IN A DUTY STATUS FOR THE ENTIRE PERIOD FROM JULY 1.

A-47718, MARCH 23, 1933, 12 COMP. GEN. 555

ECONOMY ACT, AMENDED - LEGISLATIVE FURLOUGH - FINAL ADJUSTMENT AS OF MARCH 31, 1933 THE UNUSED PORTION OF 18 WORKING DAYS' LEGISLATIVE FURLOUGH FOR WHICH DEDUCTIONS FROM COMPENSATION WERE MADE UNDER THE TERMS OF SECTION 101 (B) OF THE ECONOMY ACT OF JUNE 30, 1932, AND THE RULES PRESCRIBED BY THE GENERAL ACCOUNTING OFFICE DURING THE PERIOD JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE, MAY NOT BE GRANTED DURING THE FISCAL YEAR 1934, BUT TO PERMIT EMPLOYEES TO TAKE SUCH UNUSED FURLOUGH DURING THE PERIOD BETWEEN MARCH 31 AND JULY 1, 1933, WOULD NOT CONTRAVENE THE LAW. ADJUSTMENTS MAY BE MADE ON THE MARCH PAY ROLL--- THE AMOUNT TO BE WITHHELD FROM THE AMOUNT OTHERWISE FOR IMPOUNDING--- TO COVER THE EXCESS DEDUCTIONS MADE ON ACCOUNT OF LEGISLATIVE FURLOUGH UNDER THE RULES PRESCRIBED BY THE GENERAL ACCOUNTING OFFICE IN THOSE CASES WHERE THE AMOUNT DEDUCTED EXCEEDS THE EQUIVALENT OF TWO AND ONE-HALF DAYS' PAY FOR EACH MONTH OF SERVICE SINCE JUNE 30, 1932, AND EXCEEDS, ALSO, THE AMOUNT EQUIVALENT TO ONE AND ONE-FOURTH DAYS' PAY FOR EACH WORKING DAY OF ABSENCE ON LEGISLATIVE FURLOUGH.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MARCH 23, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 27, 1933, AS FOLLOWS:

YOUR DECISION ON THE FOLLOWING QUESTION IS REQUESTED:

WHERE A GOVERNMENT EMPLOYEE WHO IS SUBJECT TO A DEDUCTION OF 8 1/3 PERCENT OF HIS PAY UNDER THE PROVISIONS OF THE "ECONOMY ACT" HAS (A) THROUGH ELECTION ON HIS PART, OR (B) THROUGH EXIGENCIES OF THE SERVICE FAILED TO USE THE TOTAL TWENTY-FOUR DAYS' FURLOUGH LEAVE ACCRUED DURING THE FISCAL YEAR ENDING JUNE 30, 1933, MAY HE USE SUCH ACCRUED UNUSED FURLOUGH LEAVE DURING THE FISCAL YEAR ENDING JUNE 30, 1934?

SECTION 4 (D) OF TITLE II OF THE ACT OF MARCH 20, 1933, PUBLIC, NO. 2, 48 STAT. 14, REPEALS, EFFECTIVE APRIL 1, 1933, SECTION 101 OF THE ECONOMY ACT CONTAINING THE PROVISIONS FOR LEGISLATIVE FURLOUGH DURING THE FISCAL YEAR 1933, AND SECTION 4 (A) OF THE SAME TITLE AMENDS SECTION 4 (A) OF THE ACT OF MARCH 3, 1933, PUBLIC, NO. 428, 47 STAT. 1513, BY ELIMINATING THAT PORTION WHICH PROPOSED TO CONTINUE SECTION 101 OF THE ECONOMY ACT THROUGH THE FISCAL YEAR 1934.

ACCORDINGLY, THERE WILL BE NO PROVISION DURING THE FISCAL YEAR 1934 FOR GRANTING LEGISLATIVE FURLOUGH, AND AS THE FURLOUGH PROVISIONS OF THE ACT OF JUNE 30, 1932, INVOLVED SOLELY A FISCAL YEAR PROPOSITION YOUR QUESTION IS ANSWERED IN THE NEGATIVE. HOWEVER, TO PERMIT EMPLOYEES TO TAKE, BETWEEN MARCH 31 AND JULY 1, 1933, THE UNUSED PORTION OF THE 18 WORKING DAYS' FURLOUGH FOR WHICH DEDUCTIONS FROM COMPENSATION PREVIOUSLY HAD BEEN MADE UNDER THE TERMS OF SECTION 101 (B) OF THE ECONOMY ACT, AND THE RULES PRESCRIBED BY THIS OFFICE, WOULD NOT CONTRAVENE THE LAW.

FOR THE PERIOD ENDING MARCH 31, 1933, THERE MUST HAVE BEEN DEDUCTED AND WITHHELD FROM THE COMPENSATION OF EACH EMPLOYEE IN A DUTY STATUS FOR THE ENTIRE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE, AND SUBJECT TO THE LEGISLATIVE FURLOUGH UNDER SECTION 101 (B) OF THE ECONOMY ACT, AT LEAST 22 1/2 DAYS' PAY AT THE RATE OF 1 1/4 DAYS' PAY FOR 18 WORKING DAYS' LEGISLATIVE FURLOUGH, AND SUCH ADDITIONAL AMOUNT OF DEDUCTION AS REPRESENTS 1 1/4 DAYS' PAY FOR EACH WORKING DAY'S ABSENCE ON LEGISLATIVE FURLOUGH IN EXCESS OF 18 DAYS PRIOR TO APRIL 1, 1933. PROPORTIONATE DEDUCTIONS MUST BE SHOWN AND WITHHELD FROM THE COMPENSATION OF EMPLOYEES IN A DUTY STATUS ONLY A PART OF THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE.

ADJUSTMENTS MAY BE MADE ON MARCH PAY ROLL--- THE AMOUNT TO BE WITHHELD FROM THE AMOUNT OTHERWISE FOR IMPOUNDING--- TO COVER THE EXCESS DEDUCTIONS MADE ON ACCOUNT OF LEGISLATIVE FURLOUGH UNDER THE RULES PRESCRIBED BY THIS OFFICE IN THOSE CASES WHERE THE AMOUNT DEDUCTED EXCEEDS THE EQUIVALENT OF 2 1/2 DAYS' PAY FOR EACH MONTH OF SERVICE SINCE JUNE 30, 1932, AND EXCEEDS, ALSO, THE AMOUNT EQUIVALENT TO 1 1/4 DAYS' PAY FOR EACH WORKING DAY OF ABSENCE ON LEGISLATIVE FURLOUGH. BUT IN NO CASE IS A REFUND AUTHORIZED WHERE THE TOTAL AMOUNT DEDUCTED ON ACCOUNT OF LEGISLATIVE FURLOUGH DOES NOT EXCEED 1 1/4 DAYS' PAY FOR EACH WORKING DAY OF ABSENCE ON LEGISLATIVE FURLOUGH. FOR EXAMPLE, IF AN EMPLOYEE HAS BEEN ABSENT ON LEGISLATIVE FURLOUGH 1 ENTIRE MONTH OR 24 WORKING DAYS AND, THEREFORE, HAS HAD THE EQUIVALENT OF 1 MONTH'S PAY DEDUCTED, NO REFUND IS AUTHORIZED.