A-55931, JUNE 18, 1934, 13 COMP. GEN. 450

A-55931: Jun 18, 1934

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SAVINGS IN APPROPRIATIONS RESULTING FROM THE OPERATION OF THE ECONOMY PROVISIONS OF SUCH ACT WERE REQUIRED TO BE IMPOUNDED AND RETURNED TO THE TREASURY. WAS REMOVED BY SECTION 25. ALSO REMOVED TO THE EXTENT THAT FUNDS FOR ANY INCREASES IN COMPENSATION DURING THE FISCAL YEAR 1935 ARE AVAILABLE. ACCORDINGLY IT IS REQUESTED THAT YOU INTERPRET THE PHRASE "FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES" AND THAT THIS ADMINISTRATION BE ADVISED WHETHER ADMINISTRATIVE PROMOTIONS MAY BE MADE FROM SAVINGS ACCRUING FROM: (1) FURLOUGHS. IT IS ASSUMED. YOU ARE ADVISED THAT ACTUAL SAVINGS FROM ANY SOURCE. WILL BE AVAILABLE FOR PROMOTIONS. YOUR REFERENCE TO POSITIONS ABOLISHED IS UNDERSTOOD AS MEANING POSITIONS ABOLISHED BEFORE JULY 1.

A-55931, JUNE 18, 1934, 13 COMP. GEN. 450

COMPENSATION - ADMINISTRATIVE PROMOTIONS - SAVINGS SAVINGS FROM ANY SOURCE DURING THE FISCAL YEAR 1935, SUCH AS FURLOUGHS, LEAVES OF ABSENCE WITHOUT PAY, OR POSITIONS ABOLISHED BEFORE JULY 1, 1934, MAY BE USED FOR ADMINISTRATIVE PROMOTIONS DURING THE FISCAL YEAR 1935 ON AN ANNUAL BASIS SUBJECT TO THE CONDITIONS SET FORTH IN DECISION OF JUNE 9, 1934, A-54807, 13 COMP. GEN. 419.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, JUNE 18, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 31, 1934, AS FOLLOWS:

UNDER THE LIMITATIONS IMPOSED BY SECTION 8 TITLE II, OF THE ACT OF MARCH 20, 1933 (PUBLIC NO. 2, 73D CONGRESS), SAVINGS IN APPROPRIATIONS RESULTING FROM THE OPERATION OF THE ECONOMY PROVISIONS OF SUCH ACT WERE REQUIRED TO BE IMPOUNDED AND RETURNED TO THE TREASURY. THIS RESTRICTION ON THE USE OF UNEXPENDED BALANCES OF APPROPRIATIONS FOR PERSONAL SERVICES AFTER THE EXPIRATION OF THE FISCAL YEAR ENDING JUNE 30, 1934, WAS REMOVED BY SECTION 25, TITLE II OF THE INDEPENDENT OFFICES APPROPRIATION ACT OF MARCH 28, 1934.

BY SECTION 24 OF THE SAME TITLE AND APPROPRIATION ACT, THE PROHIBITION ON ADMINISTRATIVE PROMOTIONS CONTAINED IN SECTION 7 OF THE TREASURY POST OFFICE APPROPRIATION ACT, FISCAL YEAR 1934, ALSO REMOVED TO THE EXTENT THAT FUNDS FOR ANY INCREASES IN COMPENSATION DURING THE FISCAL YEAR 1935 ARE AVAILABLE, ON AN ANNUAL BASIS, FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES FROM THE APPLICABLE APPROPRIATIONS FOR THAT FISCAL YEAR.

ACCORDINGLY IT IS REQUESTED THAT YOU INTERPRET THE PHRASE "FROM SAVINGS MADE IN THE AMOUNTS APPORTIONED FOR PERSONAL SERVICES" AND THAT THIS ADMINISTRATION BE ADVISED WHETHER ADMINISTRATIVE PROMOTIONS MAY BE MADE FROM SAVINGS ACCRUING FROM:

(1) FURLOUGHS;

(2) LEAVES OF ABSENCE WITHOUT PAY;

(3) POSITIONS ABOLISHED; AND

(4) FROM SAVINGS EFFECTED BY THE OPERATION OF SECTION 24 (2) (F), TITLE II OF THE ACT OF MARCH 28, 1934, IN THOSE CASES WHERE, IT IS ASSUMED, THE USE OF APPROPRIATIONS TO PAY ANY INCREASE IN SALARY TO THE MINIMUM OF THE GRADE RESULTING FROM THE REALLOCATION OF THE POSITION OF AN OFFICER OR EMPLOYEE TO A HIGHER GRADE AFTER JUNE 30, 1932, BY THE PERSONNEL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION, WOULD OTHERWISE BE PROHIBITED.

AS A PREREQUISITE TO ADMINISTRATIVE PROMOTION DURING THE FISCAL YEAR OF 1935, THERE MUST BE A SHOWING OF THE AMOUNT SPECIFICALLY APPROPRIATED OR APPORTIONED FOR PERSONAL SERVICES FOR THE PARTICULAR OFFICE OR ACTIVITY INVOLVED AND A SHOWING AS TO THE AMOUNT NECESSARY TO PAY THE SALARIES FOR THE ENTIRE YEAR OF ALL POSITIONS, WHETHER FILLED OR VACANT, EXISTING ON JULY 1, 1934. SEE DECISION OF JUNE 9, 1934, A-54807, 13 COMP. GEN. 419. ACCORDINGLY, YOU ARE ADVISED THAT ACTUAL SAVINGS FROM ANY SOURCE, DURING THE FISCAL YEAR 1935, WILL BE AVAILABLE FOR PROMOTIONS, SUBJECT TO THE ABOVE CONDITION.

YOUR REFERENCE TO POSITIONS ABOLISHED IS UNDERSTOOD AS MEANING POSITIONS ABOLISHED BEFORE JULY 1, 1934. ANY SAVINGS FROM VACANT POSITIONS IN EXISTENCE ON OR AFTER JULY 1, 1934, MUST BE IMPOUNDED AND WILL NOT BE AVAILABLE FOR PROMOTION UNLESS AND UNTIL THE IMPOUNDING BE WAIVED BY THE PRESIDENT.