A-48034, MARCH 25, 1933, 12 COMP. GEN. 557

A-48034: Mar 25, 1933

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" ARE WIDELY INTERESTING THE EMPLOYEES AND ADMINISTRATIVE OFFICERS OF THIS DEPARTMENT. THEY ARE AS FOLLOWS: (1) WILL ANY ADJUSTMENT IN PAYMENTS MADE AFTER APRIL 1. THAT IS. THIS QUESTION ASSUMES APPROVAL OF THE BILL WITHIN THE CURRENT MONTH. (2) IF AN EMPLOYEE'S LEGISLATIVE FURLOUGH ABSENCE HAS BEEN LESS THAN EIGHTEEN DAYS BUT THE TOTAL DEDUCTIONS FROM HIS PAY DOWN TO MARCH 31 HAVE BEEN GREATER THAN 8 1/3 PERCENT OF HIS SALARY. WILL HE BE ENTITLED TO RECOVERY OF THE EXCESS OF 8 1/3 PERCENT AS HE WOULD IN CASE OF SEPARATION FROM THE SERVICE ON MARCH 31. 1933? (3) WILL IT BE PERMISSIBLE DURING THE PERIOD APRIL 1 TO JUNE 30. WILL PRODUCE A TOTAL NOT EXCEEDING EIGHTEEN DAYS? YOUR SECOND AND THIRD QUESTIONS HAVE BEEN ANSWERED BY DECISION OF MARCH 23.

A-48034, MARCH 25, 1933, 12 COMP. GEN. 557

ECONOMY ACT, AMENDED - SALARY ADJUSTMENTS AFTER APRIL 1, 1933 THE AMOUNT OF FURLOUGH DEDUCTIONS MADE FROM COMPENSATION PRIOR TO APRIL 1, 1933, OR THE AMOUNT OF LEGISLATIVE FURLOUGH TAKEN ON OR AFTER THAT DATE MAY NOT BE REGARDED AS A FACTOR IN DETERMINING THE RATES OF COMPENSATION TO BE PAID FOR SERVICES ON AND AFTER APRIL 1, 1933, UNDER THE TERMS OF SECTION 3 OF TITLE II OF THE ACT OF MARCH 20, 1933, 48 STAT. 13, AND ANY EXECUTIVE ORDER ISSUED PURSUANT THERETO.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MARCH 25, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 22, 1933, AS FOLLOWS:

CERTAIN QUESTIONS PRESENTED IN CONNECTION WITH PROVISIONS OF H.R. 2820, "AN ACT TO MAINTAIN THE CREDIT OF THE UNITED STATES," ARE WIDELY INTERESTING THE EMPLOYEES AND ADMINISTRATIVE OFFICERS OF THIS DEPARTMENT. THESE QUESTIONS RELATE TO THE PROVISIONS OF TITLE II, SECTION 4 (A) AMENDING THE FURLOUGH PROVISION, SECTION 101 OF THE ECONOMY ACT OF JUNE 30, 1932. THEY ARE AS FOLLOWS:

(1) WILL ANY ADJUSTMENT IN PAYMENTS MADE AFTER APRIL 1, 1933, BE REQUIRED OR PERMITTED AS TO EMPLOYEES WHOSE ABSENCE ON LEGISLATIVE FURLOUGH DURING THE NINE MONTHS FOLLOWING JULY 1, 1932, EQUALLED OR EXCEEDED AN AGGREGATE OF EIGHTEEN WORKING DAYS, THAT IS, THE NUMBER OF WORKING DAYS BEARING THE SAME PROPORTION TO NINE MONTHS AS TWENTY-FOUR BEARS TO TWELVE MONTHS? NEEDLESS TO SAY, THIS QUESTION ASSUMES APPROVAL OF THE BILL WITHIN THE CURRENT MONTH.

(2) IF AN EMPLOYEE'S LEGISLATIVE FURLOUGH ABSENCE HAS BEEN LESS THAN EIGHTEEN DAYS BUT THE TOTAL DEDUCTIONS FROM HIS PAY DOWN TO MARCH 31 HAVE BEEN GREATER THAN 8 1/3 PERCENT OF HIS SALARY, WILL HE BE ENTITLED TO RECOVERY OF THE EXCESS OF 8 1/3 PERCENT AS HE WOULD IN CASE OF SEPARATION FROM THE SERVICE ON MARCH 31, 1933?

(3) WILL IT BE PERMISSIBLE DURING THE PERIOD APRIL 1 TO JUNE 30, 1933, TO ALLOW WITHOUT CHARGE TO ANNUAL LEAVE AS MUCH ABSENCE AS, ADDED TO THAT TAKEN PRIOR TO APRIL 1, WILL PRODUCE A TOTAL NOT EXCEEDING EIGHTEEN DAYS?

YOUR SECOND AND THIRD QUESTIONS HAVE BEEN ANSWERED BY DECISION OF MARCH 23, 1933, A-47718, 12 COMP. GEN. 555, TO THE SECRETARY OF THE TREASURY, A COPY OF WHICH HAS BEEN SENT TO YOU.

REFERRING TO YOUR FIRST QUESTION, THE CITED DECISION OF MARCH 23, 1933, STATES THE BASIS FOR MAKING A FINAL AND COMPLETE ADJUSTMENT OF COMPENSATION OF EMPLOYEES AS OF MARCH 31, 1933, UNDER THE PROVISIONS OF SECTION 101 OF THE ECONOMY ACT PROVIDING FOR LEGISLATIVE FURLOUGH AND THE RULES PRESCRIBED BY THIS OFFICE THEREUNDER--- MARCH 31, 1933, BEING THE LAST DAY THE PROVISIONS OF SECTION 101 OF THE ECONOMY ACT WILL BE IN OPERATION. SECTION 3, TITLE II, OF THE ACT OF MARCH 20, 1933, PUBLIC, NO. 2, 48 STAT. 13, EFFECTIVE APRIL 1, 1933, PROVIDES AN ENTIRELY NEW AND DIFFERENT BASIS FOR ADJUSTING THE SALARY RATES OF FEDERAL PERSONNEL, WHICH WILL BE FOR APPLICATION WITHOUT REGARD TO THE PROVISIONS OF SECTION 101 OF THE ECONOMY ACT.

ACCORDINGLY, YOU ARE ADVISED THAT THE AMOUNT OF FURLOUGH DEDUCTIONS MADE FROM COMPENSATION PRIOR TO APRIL 1, 1933, OR THE AMOUNT OF LEGISLATIVE FURLOUGH TAKEN ON OR AFTER THAT DATE MAY NOT BE REGARDED AS A FACTOR IN DETERMINING THE RATES OF COMPENSATION TO BE PAID FOR SERVICES ON AND AFTER APRIL 1, 1933, UNDER THE TERMS OF SECTION 3 OF TITLE II OF THE ACT OF MARCH 20, 1933, AND ANY EXECUTIVE ORDER ISSUED PURSUANT THERETO.