A-47917, APRIL 11, 1933, 12 COMP. GEN. 583

A-47917: Apr 11, 1933

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AS FOLLOWS: THE COMMISSION IS IN RECEIPT OF A REQUEST FROM THE CHIEF CLERK OF THE GOVERNMENT PRINTING OFFICE RELATIVE TO THE CASE OF MR. IT IS LEARNED THAT THE COMBINED SALARIES RECEIVED BY MR. INGRAM FOR SEPTEMBER 5 ARE IN EXCESS OF THE RATE OF $2. YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED. IS APPLICABLE WHEN PAYMENT OF TWO SALARIES COVERS THE SAME OR OVERLAPPING PERIODS OF SERVICE. IT IS A GENERAL RULE OF LAW THAT FRACTIONS OF A DAY ARE TO BE DISREGARDED. THIS RULE IS NOT NECESSARILY FOR APPLICATION UNDER MODERN LAW CONSTRUCTION WHERE IT BECOMES NECESSARY TO DISTINGUISH BETWEEN TWO PARTS OF THE SAME DAY. ELIZABETHS HOSPITAL WERE RENDERED UPON A NIGHT SHIFT AND TERMINATED PRIOR TO THE EMPLOYEE'S ENTRANCE UPON DUTY AT THE GOVERNMENT PRINTING OFFICE.

A-47917, APRIL 11, 1933, 12 COMP. GEN. 583

COMPENSATION - DOUBLE - HOLDING MORE THAN ONE POSITION THE $2,000 INHIBITION IMPOSED BY THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 120, 582, UPON RECEIVING THE SALARIES OF MORE THAN ONE POSITION, HAS NO APPLICATION TO WHERE THE EMPLOYEE RELINQUISHED ONE POSITION AT 6.30 A.M. AND ENTERED UPON DUTY IN ANOTHER POSITION 8 A.M. OF THE SAME DAY.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE UNITED STATES CIVIL SERVICE COMMISSION, APRIL 11, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 14, 1933, AS FOLLOWS:

THE COMMISSION IS IN RECEIPT OF A REQUEST FROM THE CHIEF CLERK OF THE GOVERNMENT PRINTING OFFICE RELATIVE TO THE CASE OF MR. LLOYD A. INGRAM, APPOINTED IN THE GOVERNMENT PRINTING OFFICE SEPTEMBER 5, 1931, BY TRANSFER FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, ST. ELIZABETHS HOSPITAL, WASHINGTON, D.C.

MR. INGRAM ENTERED ON DUTY AT THE ST. ELIZABETHS HOSPITAL BEGINNING AT 10.30 P.M., ON SEPTEMBER 4, 1931, AND ENDING AT 6.30 A.M. ON SEPTEMBER 5, 1931. HE ENTERED ON DUTY IN THE GOVERNMENT PRINTING OFFICE AT 8.00 A.M., ON SEPTEMBER 5, 1931. IT IS LEARNED THAT THE COMBINED SALARIES RECEIVED BY MR. INGRAM FOR SEPTEMBER 5 ARE IN EXCESS OF THE RATE OF $2,000 PER ANNUM AND APPARENTLY IN CONTRAVENTION OF THE ACT OF AUGUST 29, 1916.

IN VIEW OF THE FACT THAT THE CIVIL SERVICE COMMISSION, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12A OF THE RETIREMENT ACT, PRESCRIBES REGULATIONS FOR THE PREPARATION AND MAINTENANCE OF INDIVIDUAL ACCOUNTS OF EMPLOYEES AND TO BE ABLE TO PROPERLY ADVISE THE VARIOUS DEPARTMENTS AND ESTABLISHMENTS CONCERNING CASES OF THE ABOVE-MENTIONED CHARACTER, YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED.

THE $2,000 LIMITATION FIXED BY THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 120, 582, IS APPLICABLE WHEN PAYMENT OF TWO SALARIES COVERS THE SAME OR OVERLAPPING PERIODS OF SERVICE. IT IS A GENERAL RULE OF LAW THAT FRACTIONS OF A DAY ARE TO BE DISREGARDED. HOWEVER, THIS RULE IS NOT NECESSARILY FOR APPLICATION UNDER MODERN LAW CONSTRUCTION WHERE IT BECOMES NECESSARY TO DISTINGUISH BETWEEN TWO PARTS OF THE SAME DAY. BURGESS V. SALMON, 97 U.S. 381; LOUISVILLE V. BANK, 104 U.S. 475. WHILE THE TWO SALARIES RECEIVED BY THE EMPLOYEE IN THE PRESENT CASE COVERED PORTIONS OF THE SAME CALENDAR DAY, AS A MATTER OF FACT THE PERIODS OF SERVICE DID NOT OVERLAP. THE SERVICES AT ST. ELIZABETHS HOSPITAL WERE RENDERED UPON A NIGHT SHIFT AND TERMINATED PRIOR TO THE EMPLOYEE'S ENTRANCE UPON DUTY AT THE GOVERNMENT PRINTING OFFICE. UNDER SUCH CIRCUMSTANCES, THE RECEIPT OF TWO SALARIES FOR DISTINCT PORTIONS OF THE SAME CALENDAR DAY IS NOT OPEN TO OBJECTION IN THIS CASE.