A-54282, MARCH 19, 1934, 13 COMP. GEN. 247

A-54282: Mar 19, 1934

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DID NOT OPERATE TO AUTHORIZE REFUND OF 15 PERCENT PROPERLY DEDUCTED FROM THE COMPENSATION OF EMPLOYEES APPOINTED AFTER THE DATE OF THE LAST EXECUTIVE ORDER WHOSE BASIC COMPENSATION WAS FIXED AT A RATE APPEARING IN THE FIRST EXECUTIVE ORDER. PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION WHO WERE APPOINTED JANUARY 12. THAT IS. FROM WHICH THE 15 PERCENT WAS REQUIRED TO BE DEDUCTED. THE VOUCHER IS ENDORSED AS FOLLOWS: THESE AMOUNTS ARE REFUNDED IN ACCORDANCE WITH DECISIONS OF COMPTROLLER NO. A-53051 DATED JANUARY 10 WHICH GIVES UNTIL MARCH 1 TO COMPLETE ADJUSTMENTS. * * * THE 15 PERCENT SALARY DEDUCTION SHOULD NOT HAVE BEEN MADE ON THESE SALARIES AS THE POSITIONS HAD NOT BEEN CLASSIFIED IN ACCORDANCE WITH EXECUTIVE ORDER 6440 AND AS AMENDED BY EXECUTIVE ORDER 6554.

A-54282, MARCH 19, 1934, 13 COMP. GEN. 247

CLASSIFICATION PURSUANT TO EXECUTIVE ORDER - NEW APPOINTEES THE FIXING OF THE DATE OF MARCH 1, 1934, IN THE DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES FOR COMPLIANCE WITH EXECUTIVE ORDERS, NO. 6440 OF NOVEMBER 18, 1933, AND NO. 6554 OF JANUARY 10, 1934, REQUIRING CLASSIFICATION OF SALARY RATES PURSUANT TO THE SCHEDULE THEREIN APPEARING AND DEDUCTION OF 15 PERCENT, RELATED TO EMPLOYEES ALREADY IN THE SERVICE, AND DID NOT OPERATE TO AUTHORIZE REFUND OF 15 PERCENT PROPERLY DEDUCTED FROM THE COMPENSATION OF EMPLOYEES APPOINTED AFTER THE DATE OF THE LAST EXECUTIVE ORDER WHOSE BASIC COMPENSATION WAS FIXED AT A RATE APPEARING IN THE FIRST EXECUTIVE ORDER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MARCH 19, 1934:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR PREAUDIT SUPPLEMENTAL PAY ROLL VOUCHER NO. 595, BUREAU OF HOME ECONOMICS, DEPARTMENT OF AGRICULTURE, PROPOSING REFUND OF THE 15 PERCENT DEDUCTIONS MADE ON PAY ROLL VOUCHER NO. 15146, FEBRUARY 16 TO 28, 1934, FROM THE COMPENSATION OF THREE EMPLOYEES, KATHERINE B. MAY, LILLIAN J. BARNES, AND NORMAN HENDERSON,PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION WHO WERE APPOINTED JANUARY 12, AND JANUARY 16, 1934, RESPECTIVELY, THAT IS, SUBSEQUENT TO JANUARY 10, 1934, THE DATE OF EXECUTIVE ORDER NO. 6554, REQUIRING THE SALARY RATES TO BE FIXED IN ACCORDANCE WITH THE SCHEDULE APPEARING IN THE EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, FROM WHICH THE 15 PERCENT WAS REQUIRED TO BE DEDUCTED. THE VOUCHER IS ENDORSED AS FOLLOWS:

THESE AMOUNTS ARE REFUNDED IN ACCORDANCE WITH DECISIONS OF COMPTROLLER NO. A-53051 DATED JANUARY 10 WHICH GIVES UNTIL MARCH 1 TO COMPLETE ADJUSTMENTS. * * *

THE 15 PERCENT SALARY DEDUCTION SHOULD NOT HAVE BEEN MADE ON THESE SALARIES AS THE POSITIONS HAD NOT BEEN CLASSIFIED IN ACCORDANCE WITH EXECUTIVE ORDER 6440 AND AS AMENDED BY EXECUTIVE ORDER 6554.

THE DECISION OF JANUARY 17, 1934 (NOT JANUARY 10), A-53051, 13 COMP. GEN. 197, HELD AS FOLLOWS, AFTER QUOTING EXECUTIVE ORDER OF JANUARY 10, 1934:

IT MAY BE CONCLUDED, THEREFORE, THAT THE TOTAL OR BASIC SALARY RATE OF EMPLOYEES UNDER THE REGULAR ESTABLISHMENTS OF THE GOVERNMENT PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION WERE NOT SPECIFICALLY REQUIRED TO BE FIXED PURSUANT TO THE EXECUTIVE ORDER NO. 6440, DATED NOVEMBER 18, 1933, UNTIL AFTER JANUARY 10, 1934. SINCE THE SALARY RATES SHOWN ON THE SUPPLEMENTAL PAY ROLL FOR DECEMBER WERE FIXED ADMINISTRATIVELY WITHOUT REGARD TO ANY EXISTING LAW, SCHEDULE, EXECUTIVE ORDER, OR DEPARTMENTAL ORDER, SUCH RATES WERE NOT SUBJECT TO THE 15 PERCENT REDUCTION, AND THE SUPPLEMENTAL PAY ROLL WILL BE CERTIFIED FOR PAYMENT.

HOWEVER, AS SOON AS PRACTICABLE HEREAFTER AND NOT LATER THAN MARCH 1, 1934, TO THE EXTENT THAT SUCH ACTION HAS NOT BEEN TAKEN, THE SALARY RATES OF ALL EMPLOYEES UNDER THE FEDERAL CIVIL WORKS ADMINISTRATION AND OF EMPLOYEES UNDER THE REGULAR ESTABLISHMENTS OF THE FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENTS PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION, WHOSE DUTIES AND RESPONSIBILITIES CORRESPOND TO THE DUTIES AND RESPONSIBILITIES OF POSITIONS SUBJECT TO THE CLASSIFICATION ACT, AS AMENDED, ARE REQUIRED TO BE FIXED PURSUANT TO THE EXECUTIVE ORDER NO. 6440 OF NOVEMBER 18, 1933, FROM WHICH TOTAL OR BASIC SALARY RATE THERE MUST BE DEDUCTED 15 PERCENT UNDER THE TERMS OF THE ACT OF MARCH 20, 1933, AND EXECUTIVE ORDERS ISSUED PURSUANT THERETO. THE SAME ACTION IS REQUIRED AS TO EMPLOYEES OF ANY OTHER EMERGENCY ORGANIZATION OR EMPLOYEES OF REGULAR ESTABLISHMENTS PAID FROM FUNDS ALLOTTED BY SUCH EMERGENCY ORGANIZATIONS BROUGHT WITHIN THE TERMS OF THE EXECUTIVE ORDER OF NOVEMBER 18, 1933, BY THE TERMS OF THE EXECUTIVE ORDER OF JANUARY 10, 1934, AND NOT SUBJECT TO THE REGULAR CLASSIFICATION ACT.

THE PARAGRAPH FIRST ABOVE QUOTED FROM SAID DECISION WAS INTENDED TO APPLY ONLY TO EMPLOYEES APPOINTED BEFORE JANUARY 10, 1934, AT THE TIME WHEN THERE WAS NO REQUIREMENT FOR FIXING THE BASIC SALARY RATE FOR EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE PAID FROM FUNDS ALLOTTED BY THE FEDERAL CIVIL WORKS ADMINISTRATION PURSUANT TO THE SCHEDULE APPEARING IN THE EXECUTIVE ORDER OF NOVEMBER 18, 1933, ON WHICH THE 15 PERCENT WAS NOT REQUIRED TO BE DEDUCTED, AND NOT TO EMPLOYEES WHO WERE APPOINTED AFTER THAT DATE, AT A TIME WHEN THE PROVISIONS OF THE EXECUTIVE ORDERS OF JANUARY 10, 1934, AND NOVEMBER 18, 1933, WOULD APPLY TO REQUIRE THE FIXING OF THE INITIAL SALARY RATES OF NEW EMPLOYEES PURSUANT TO THE SCHEDULE THEREIN APPEARING FROM WHICH THE 15 PERCENT IS REQUIRED TO BE DEDUCTED.

WHILE IT IS STATED IN THE ENDORSEMENT QUOTED FROM THE PAY ROLL THAT THE POSITIONS IN QUESTION WERE NOT CLASSIFIED IN ACCORDANCE WITH THE EXECUTIVE ORDER, IT APPEARS THAT THE INITIAL SALARY RATES OF THESE THREE EMPLOYEES, VIZ, $1,440 AND $1,620 PER ANNUM, UNDER APPOINTMENTS EFFECTIVE AFTER JANUARY 10, 1934, CORRESPOND TO RATES PRESCRIBED IN THE EXECUTIVE ORDER, PRESUMABLY FOR THE CLASS OF WORK PERFORMED BY THE EMPLOYEES. THE FIXING OF THE DATE OF MARCH 1, 1934, IN THE PARAGRAPH LAST QUOTED FROM THE DECISION OF JANUARY 17, 1934, FOR COMPLIANCE WITH THE EXECUTIVE ORDERS, DID NOT OPERATE TO AUTHORIZE REFUND OF 15 PERCENT OF THE COMPENSATION PROPERLY DEDUCTED UNDER THE EXECUTIVE ORDERS PRIOR THERETO.

YOU ARE ADVISED, THEREFORE, THAT THE VOUCHER WILL NOT BE CERTIFIED FOR PAYMENT.