A-50295, MAY 22, 1935, 14 COMP. GEN. 842

A-50295: May 22, 1935

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RETIRED PAY OF A CHIEF BOATSWAIN IN THE NAVY EMPLOYED IN A CIVILIAN POSITION A RETIRED CHIEF BOATSWAIN OF THE NAVY EMPLOYED IN A CIVILIAN OFFICE OR POSITION WHOSE RETIRED PAY IS BASED ON LONGEVITY. IS RECEIVING PAY "FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER. NAVY (RETIRED) IS EMPLOYED AT THE NORFOLK NAVY YARD AT A SALARY OF $166.51 PER MONTH. WAS GIVEN AN ACTING APPOINTMENT AS BOATSWAIN FROM DECEMBER 21. ON 8 JULY 1916 WAS TRANSFERRED TO THE RETIRED LIST WITH THE RANK OF CHIEF BOATSWAIN IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1453. HE WAS COMMISSIONED LIEUTENANT ON THE RETIRED LIST FROM 21 JUNE 1930 IN ACCORDANCE WITH THE ACT OF JUNE 21. WILL BE NOTED THAT LIEUTENANT SIMMONS.

A-50295, MAY 22, 1935, 14 COMP. GEN. 842

RETIRED PAY OF A CHIEF BOATSWAIN IN THE NAVY EMPLOYED IN A CIVILIAN POSITION A RETIRED CHIEF BOATSWAIN OF THE NAVY EMPLOYED IN A CIVILIAN OFFICE OR POSITION WHOSE RETIRED PAY IS BASED ON LONGEVITY, INCLUDING WAR-TIME COMMISSIONED SERVICE SUBSEQUENT TO RETIREMENT, IS RECEIVING PAY "FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER," WITHIN THE MEANING OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932 (47 STAT. 406), WHICH LIMITS HIS COMBINED RATE OF RETIRED AND CIVIL PAY TO $3,000 PER ANNUM.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 22, 1935:

BY YOUR DIRECTION THERE HAS BEEN RECEIVED FIRST INDORSEMENT MAY 7, 1935, OF LETTER OF THE PAYMASTER GENERAL, UNITED STATES NAVY, REQUESTING DECISION AS FOLLOWS:

1. LIEUTENANT WALDRON PETER SIMMONS, U.S. NAVY (RETIRED) IS EMPLOYED AT THE NORFOLK NAVY YARD AT A SALARY OF $166.51 PER MONTH. THE ATTACHED STATEMENT OF SERVICE SHOWS THAT LIEUTENANT SIMMONS, AFTER SERVING EIGHT YEARS AS AN ENLISTED MAN IN THE NAVY, WAS GIVEN AN ACTING APPOINTMENT AS BOATSWAIN FROM DECEMBER 21, 1901, AND ON 8 JULY 1916 WAS TRANSFERRED TO THE RETIRED LIST WITH THE RANK OF CHIEF BOATSWAIN IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1453, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 4, 1911. HE WAS COMMISSIONED LIEUTENANT ON THE RETIRED LIST FROM 21 JUNE 1930 IN ACCORDANCE WITH THE ACT OF JUNE 21, 1930 (46 STAT. 793). WILL BE NOTED THAT LIEUTENANT SIMMONS, PRIOR TO HIS RETIREMENT AS A CHIEF BOATSWAIN, HAD NO SERVICE AS A COMMISSIONED OFFICER.

2. LIEUTENANT SIMMONS' RETIRED PAY, THE RETIRED PAY OF A CHIEF WARRANT OFFICER, IS $1.950 PER ANNUM. SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932 (47 STAT. 406), PROVIDES IN PART AS FOLLOWS:

"AFTER THE DATE OF THE ENACTMENT OF THIS ACT, NO PERSON HOLDING A CIVILIAN OFFICE OR POSITION * * * UNDER THE UNITED STATES GOVERNMENT * * * SHALL BE ENTITLED, DURING THE PERIOD OF SUCH INCUMBENCY, TO RETIRED PAY FROM THE UNITED STATES FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER IN ANY OF THE SERVICES MENTIONED IN THE "PAY ADJUSTMENT ACT" OF 1932 (U.S. CODE, TITLE 37), AT A RATE IN EXCESS OF AN AMOUNT WHICH WHEN COMBINED WITH THE ANNUAL RATE OF COMPENSATION FROM SUCH CIVILIAN OFFICE OR POSITION, MAKES THE TOTAL RATE FROM BOTH SOURCES MORE THAN $3,000 * * *.'

3. THE COMPTROLLER GENERAL IN DECISION OF MAY 23, 1933, STATED:

"THE INHIBITION AS TO TOTAL CIVILIAN AND RETIRED PAY UNDER SECTION 212 OF THE ECONOMY ACT APPLIES TO RETIRED PAY "FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER.'"

4. IT IS RECOMMENDED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL WHETHER LIEUTENANT SIMMONS (RETIRED) IS ENTITLED TO RECEIVE HIS FULL RETIRED PAY, NOTWITHSTANDING HIS EMPLOYMENT UNDER THE UNITED STATES GOVERNMENT INASMUCH AS HE WAS NOT RETIRED FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER.

LIEUTENANT SIMMONS WAS RETIRED AS A CHIEF BOATSWAIN--- A COMMISSIONED OFFICER--- AND IS RECEIVING THE RETIRED PAY OF A COMMISSIONED OFFICER OF HIS GRADE AND LENGTH OF SERVICE, AND THE PARTICULAR CHARACTER OF SERVICE WITH WHICH HE IS CREDITED.

IT APPEARS, ALSO, THAT HIS RETIRED PAY AT $1,950 PER ANNUM IS BASED ON LONGEVITY OF 18 YEARS, WHICH INCLUDES HIS WAR-TIME COMMISSIONED SERVICE ($2,000, PLUS 30 PERCENT FOR LONGEVITY) 10 COMP. GEN. 386; 9 ID. 348. LIEUTENANT SIMMONS, RETIRED AS A CHIEF WARRANT OFFICER--- A COMMISSIONED OFFICER--- IS RECEIVING RETIRED PAY "FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER" WITHIN THE MEANING OF SECTION 212 OF THE ECONOMY ACT, WHICH LIMITS HIS COMBINED RATE OF RETIRED AND CIVILIAN PAY TO $3,000 PER ANNUM.