A-56775, AUGUST 9, 1934, 14 COMP. GEN. 110

A-56775: Aug 9, 1934

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IS INCHOATE AND DOES NOT VEST IN THE OFFICER UNTIL HE HAS BEEN CONFIRMED BY THE SENATE. THE FUNDS FOR SUCH AUTOMATIC INCREASES DURING THE FISCAL YEAR 1935 ARE CHARGEABLE TO THE INDEFINITE APPROPRIATION PROVIDED BY SECTION 21 (E) OF THE ACT OF MARCH 28. CERTAIN FOREIGN SERVICE OFFICERS WERE PROMOTED EFFECTIVE JULY 1. GEN. 421) THE OFFICERS CONCERNED WILL NOT BE ENTITLED TO RECEIVE SALARY AT THE INCREASED RATE AUTHORIZED UNTIL SUCH TIME AS THEIR PROMOTIONS ARE CONFIRMED BY THE SENATE. HAD THEY NOT BEEN PROMOTED IN GRADE WOULD HAVE BEEN ENTITLED TO RECEIVE AUTOMATIC INCREASES IN THEIR PRESENT CLASSES WHICH HOWEVER WOULD AMOUNT TO LESS THAN THE TOTAL PER ANNUM INCREASE PROVIDED BY THE GRADE PROMOTION.

A-56775, AUGUST 9, 1934, 14 COMP. GEN. 110

COMPENSATION - PROMOTION - FOREIGN SERVICE THE RIGHT CONFERRED UPON FOREIGN SERVICE OFFICERS TO RECEIVE COMPENSATION OF THE HIGHER CLASS TO WHICH PROMOTED FROM THE DATE STATED IN HIS COMMISSION AS THE EFFECTIVE DATE OF SUCH PROMOTION, IS INCHOATE AND DOES NOT VEST IN THE OFFICER UNTIL HE HAS BEEN CONFIRMED BY THE SENATE. UNTIL SUCH CONFIRMATION, THE OFFICER REMAINS IN THE LOWER CLASS AND MAY BE PAID IN THAT CLASS SUCH AUTOMATIC INCREASES AS HE MAY OTHERWISE BE ENTITLED TO. THE FUNDS FOR SUCH AUTOMATIC INCREASES DURING THE FISCAL YEAR 1935 ARE CHARGEABLE TO THE INDEFINITE APPROPRIATION PROVIDED BY SECTION 21 (E) OF THE ACT OF MARCH 28, 1934, 48 STAT. 522.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, AUGUST 9, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 23, 1934, AS FOLLOWS:

IN ACCORDANCE WITH THE PROVISIONS OF SECTION 32 OF THE ACT OF FEBRUARY 23, 1931, AND UNDER THE AUTHORITY OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, WHEREBY ADMINISTRATIVE PROMOTIONS MAY BE MADE FROM SAVINGS EFFECTED IN AN APPROPRIATION, CERTAIN FOREIGN SERVICE OFFICERS WERE PROMOTED EFFECTIVE JULY 1, 1934.

IN VIEW OF YOUR DECISION A-35077 OF MARCH 20, 1931 (10 COMP. GEN. 421) THE OFFICERS CONCERNED WILL NOT BE ENTITLED TO RECEIVE SALARY AT THE INCREASED RATE AUTHORIZED UNTIL SUCH TIME AS THEIR PROMOTIONS ARE CONFIRMED BY THE SENATE, WHEREUPON OFFICERS MAY THEN DRAW THE DIFFERENCE BETWEEN THE SUM AUTHORIZED FOR THEIR NEW GRADE AND THE AMOUNT RECEIVED DURING THE PERIOD SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH PROMOTIONS. THESE SAME OFFICERS, HOWEVER, HAD THEY NOT BEEN PROMOTED IN GRADE WOULD HAVE BEEN ENTITLED TO RECEIVE AUTOMATIC INCREASES IN THEIR PRESENT CLASSES WHICH HOWEVER WOULD AMOUNT TO LESS THAN THE TOTAL PER ANNUM INCREASE PROVIDED BY THE GRADE PROMOTION, THAT IS, AN OFFICER IN CLASS VIII FOR EXAMPLE, WHOSE PRESENT BASE PAY IS AT THE PER ANNUM RATE OF $3,500 AND WHO IS TO BE PROMOTED TO CLASS VII, WHICH PROVIDES A BASE PAY OF $4,000 WHICH THE OFFICER MAY NOT DRAW UNTIL CONFIRMED, WOULD IN THE INTERIM BY REASON OF HIS RECORD BE ENTITLED TO RECEIVE THREE AUTOMATIC INCREASES OF $100 EACH, BRINGING HIS BASE PAY TO $3,800 PER ANNUM.

IN THESE CIRCUMSTANCES IT WOULD APPEAR TO THE DEPARTMENT THAT IT SHOULD PAY THESE AUTOMATIC INCREASES ACCRUING TO SUCH PROMOTED OFFICERS, UNTIL SUCH TIME AS THEY ARE CONFIRMED IN THEIR NEW CLASSES, AT WHICH TIME THE AUTOMATIC INCREASES WOULD CEASE AND THEY WOULD THEN RECEIVE AT THE RATE OF THE NEW SALARY CLASS AND WOULD BE ENTITLED TO THE DIFFERENCE BETWEEN THE AMOUNT ACTUALLY RECEIVED INCLUDING THE AUTOMATIC INCREASES AND THE NEW SALARY RATE, FOR THE PERIOD JULY 1, 1934, TO DATE OF CONFIRMATION. IF SO, INQUIRY IS MADE WHETHER THE AMOUNT REQUISITE FOR THE AUTOMATIC PROMOTION DRAWN IN THE INTERIM PENDING CONFIRMATION OF THE CLASS PROMOTION WOULD BE PROPERLY CHARGEABLE AGAINST THE INDEFINITE APPROPRIATION FOR SUCH INCREASES OR MUST BE COVERED BY SAVINGS AS ARE THE ADMINISTRATIVE PROMOTIONS.

IT WILL BE GREATLY APPRECIATED IF YOUR DECISION IN THIS MATTER MAY BE EXPEDITED.

SECTION 14 OF THE ACT OF MAY 24, 1924, AS AMENDED BY THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1207, PROVIDES:

* * * ANY FOREIGN SERVICE OFFICER WHO MAY HEREAFTER BE PROMOTED TO A HIGHER CLASS * * * SHALL HAVE THE STATUS AND RECEIVE THE COMPENSATION ATTACHING TO SUCH HIGHER CLASS FROM THE DATE STATED IN HIS COMMISSION AS THE EFFECTIVE DATE OF HIS PROMOTION TO SUCH HIGHER CLASS.

WHILE THE FOREGOING STATUTORY PROVISION ENTITLES THE APPOINTEE TO THE HIGHER STATUS AND COMPENSATION FROM THE DATE STATED IN HIS COMMISSION, SUCH RIGHT IS INCHOATE AND DOES NOT VEST IN THE EMPLOYEE UNTIL HE HAS BEEN CONFIRMED BY THE SENATE. UNTIL SUCH CONFIRMATION HE REMAINS IN THE LOWER CLASS AND MAY BE PAID IN THAT CLASS SUCH AUTOMATIC INCREASES AS HE MAY OTHERWISE BE ENTITLED TO. THE FUNDS FOR SUCH AUTOMATIC INCREASES DURING THE FISCAL YEAR 1935 ARE CHARGEABLE TO THE INDEFINITE APPROPRIATION PROVIDED BY SECTION 21 (E) OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, A- 56394, JULY 7, 1934, 14 COMP. GEN. 22.