A-5023, SEPTEMBER 30, 1924, 4 COMP. GEN. 335

A-5023: Sep 30, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHO WERE ENTITLED WHILE ON THE ACTIVE LIST TO SAVED PAY UNDER SECTION 16 OF THE ACT OF JUNE 10. SHOULD HAVE THEIR RETIRED PAY COMPUTED ON SUCH SAVED PAY PURSUANT TO THE PROVISIONS OF SECTION 6 OF THE ACT OF MAY 31. 1924: I HAVE YOUR LETTER OF SEPTEMBER 5. ARE IN CONFORMITY WITH LAW. THE PROPOSED CHANGES ARE NECESSITATED BY THE AMENDMENT OF THE ACT OF JUNE 10. ARE FOR THE PURPOSE OF INFORMING THE SERVICE AS TO THE EFFECT THE AMENDMENT WILL HAVE UPON THE COMPUTATION OF THE RETIRED PAY OF OFFICERS AND WARRANT OFFICERS PROVIDED BY SECTION 17 OF THE ACT OF JUNE 10. IS AS FOLLOWS: SECTION "A" PAGE A-23. PAY OF OFFICERS ON THE RETIRED LIST" AND ENDING WITH THE WORDS "IS NOT AFFECTED BY THIS ACT.'.

A-5023, SEPTEMBER 30, 1924, 4 COMP. GEN. 335

NAVY PAY--- RETIRED OFFICERS COMMISSIONED OFFICERS AND WARRANT OFFICERS OF THE NAVY RETIRED SUBSEQUENT TO JUNE 30, 1922, WHO WERE ENTITLED WHILE ON THE ACTIVE LIST TO SAVED PAY UNDER SECTION 16 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, SHOULD HAVE THEIR RETIRED PAY COMPUTED ON SUCH SAVED PAY PURSUANT TO THE PROVISIONS OF SECTION 6 OF THE ACT OF MAY 31, 1924, 43 STAT. 252.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 30, 1924:

I HAVE YOUR LETTER OF SEPTEMBER 5, 1924, TRANSMITTING A PROPOSED CHANGE IN SECTIONS A AND H OF THE "INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, ACT OF 10 JUNE, 1922," WITH REQUEST FOR AN EXPRESSION OF OPINION WHETHER THE INSTRUCTIONS, IN SO FAR AS THEY INVOLVE DISBURSEMENTS, ARE IN CONFORMITY WITH LAW.

THE PROPOSED CHANGES ARE NECESSITATED BY THE AMENDMENT OF THE ACT OF JUNE 10, 1922, BY THE ACT OF MAY 31, 1924, 43 STAT. 252, AND ARE FOR THE PURPOSE OF INFORMING THE SERVICE AS TO THE EFFECT THE AMENDMENT WILL HAVE UPON THE COMPUTATION OF THE RETIRED PAY OF OFFICERS AND WARRANT OFFICERS PROVIDED BY SECTION 17 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632.

THE PROPOSED CHANGE IN THE WORDING OF THE INSTRUCTIONS, IS AS FOLLOWS:

SECTION "A"

PAGE A-23, PARAGRAPH 11: STRIKE OUT ALL OF PARAGRAPH 11, BEGINNING WITH THE WORDS "SECTION 17. PAY OF OFFICERS ON THE RETIRED LIST" AND ENDING WITH THE WORDS "IS NOT AFFECTED BY THIS ACT.'

PAGE A-23, PARAGRAPH 12: RENUMBER AS PARAGRAPH 11.

SECTION "H"

PAGE H-1, PARAGRAPH 1: STRIKE OUT SUBPARAGRAPH (A) OF PARAGRAPH 1 AND SUBSTITUTE THEREFOR THE FOLLOWING:

1. (A) SECTION 17 OF THE ACT OF 10 JUNE, 1922, AS AMENDED BY THE ACT OF 31 MAY, 1924, IS AS FOLLOWS:

"THAT ON AND AFTER 1 JULY, 1922, RETIRED OFFICERS AND WARRANT OFFICERS SHALL HAVE THEIR RETIRED PAY OR EQUIVALENT PAY, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT: PROVIDED, THAT NOTHING CONTAINED IN THIS ACT SHALL OPERATE TO REDUCE THE PRESENT PAY OF OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN NOW ON THE RETIRED LIST, OR OFFICERS OR WARRANT OFFICERS IN AN EQUIVALENT STATUS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT: PROVIDED, THAT THE PAY SAVED TO AN OFFICER BY SECTION 16 OF THIS ACT, OR BY THE ACT OF 14 SEPTEMBER, 1922, SHALL BE CONSTRUED AS THE PAY PROVIDED IN THIS ACT FOR THE PURPOSE OF COMPUTING RETIRED PAY.'

(NOTE.--- THE ACT OF 14 SEPTEMBER, 1922, DOES NOT APPLY TO THE NAVY.)

PAGE H-1, PARAGRAPH 1: STRIKE OUT SUBPARAGRAPH (D) OF PARAGRAPH 1 AND SUBSTITUTE THEREFOR THE FOLLOWING:

(D) THE RETIRED PAY OF OFFICERS RETIRED ON OR SUBSEQUENT TO 1 JULY, 1922, HOWEVER, IS TO BE COMPUTED ON THE PAY THEY WERE RECEIVING ON THE DATE OF RETIREMENT; I.E., EITHER THE PAY PROVIDED UNDER THE NEW SCHEDULE PRESCRIBED BY THE ACT OF 10 JUNE, 1922, OR THE PAY SAVED BY SECTION 16 OF THAT ACT.

THERE APPEARS TO BE NO LEGAL OBJECTION WHY THE AFORESAID PROPOSED CHANGES IN THE INSTRUCTIONS SHOULD NOT BE PROMULGATED.