A-60563, APRIL 2, 1935, 14 COMP. GEN. 730

A-60563: Apr 2, 1935

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4 IS FIXED AT $200 BY THE ACT OF FEBRUARY 23. IS AS FOLLOWS: "SEC. 10. EXCEPT AS INCREASES IN SALARIES ARE AUTHORIZED IN SECTION 33 OF THIS ACT. THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 10 OF THIS ACT ALL FOREIGN SERVICE OFFICERS HAVING A RATING OF SATISFACTORY OR BETTER WHO SHALL HAVE BEEN IN CLASSES 5. OR 4 SHALL IN THE SAME CIRCUMSTANCES RECEIVE AN INCREASE OF $200: * * *" IT WILL BE NOTED THAT OFFICERS IN CLASSES 1. WILL YOU KINDLY INDICATE WHETHER A PORTION OF THE AUTOMATIC INCREASE MAY BE GIVEN WHEN THE FULL AMOUNT WOULD EXCEED THE MAXIMUM SALARY OF THE CLASS. THE SALARY RATE OF CLASS 2 IS $8. THE AUTOMATIC INCREASE IS $200 A YEAR. 800 A YEAR COULD NOT HAVE HIS SALARY INCREASED BY THE FULL $200.

A-60563, APRIL 2, 1935, 14 COMP. GEN. 730

FOREIGN SERVICE - AUTOMATIC PROMOTION WHILE THE YEARLY INCREMENT IN THE COMPENSATION OF FOREIGN SERVICE OFFICERS IN CLASSES 1, 2, 3, AND 4 IS FIXED AT $200 BY THE ACT OF FEBRUARY 23, 1931, (46 STAT. 1207), IN ORDER TO PERMIT THE OFFICERS TO REACH THE MAXIMUM SALARY RATE PRESCRIBED BY THE STATUTE, FOR SUCH CLASSES, THE LAST YEARLY INCREMENT MAY BE LESS THAN $200.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, APRIL 2, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 27, 1935, AS FOLLOWS:

SECTION 10 OF THE ACT APPROVED FEBRUARY 23, 1931, IS AS FOLLOWS:

"SEC. 10. THAT THE OFFICERS IN THE FOREIGN SERVICE SHALL HEREAFTER BE GRADED AND CLASSIFIED AS FOLLOWS WITH THE SALARIES OF EACH CLASS HEREIN AFFIXED THERETO, EXCEPT AS INCREASES IN SALARIES ARE AUTHORIZED IN SECTION 33 OF THIS ACT, BUT NOT EXCEEDING IN NUMBER FOR EACH CLASS A PROPORTION OF THE TOTAL NUMBER OF OFFICERS IN THE SERVICE REPRESENTED IN THE FOLLOWING PERCENTAGE IMITATIONS:

"AMBASSADORS AND MINISTERS AS NOW OR HEREAFTER PROVIDED: FOREIGN SERVICE OFFICERS AS FOLLOWS: CLASS 1, 6 PERCENTUM, $9,000 TO $10,000; CLASS 2, 7 PERCENTUM, $8,000 TO $8,900; CLASS 3, 8 PERCENTUM, $7,000 TO $7,900; CLASS 4, 9 PERCENTUM, $6,000 TO $6,900; CLASS 5, 10 PERCENTUM, $5,000 TO $5,900; CLASS 6, 14 PERCENTUM, $4,500 TO $4,900; CLASS 7, $4,000 TO $4,400; CLASS 8, $3,500 TO $3,900; UNCLASSIFIED, $2,500 TO $3,400: PROVIDED, THAT AS MANY FOREIGN SERVICE OFFICERS ABOVE CLASS 6 AS MAY BE REQUIRED FOR THE PURPOSE OF INSPECTION MAY BE DETAILED BY THE SECRETARY OF STATE FOR THAT PURPOSE.'

A PORTION OF SECTION 33 OF THE ACT READS AS FOLLOWS:

"SEC. 33. THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 10 OF THIS ACT ALL FOREIGN SERVICE OFFICERS HAVING A RATING OF SATISFACTORY OR BETTER WHO SHALL HAVE BEEN IN CLASSES 5, 6, 7, OR 8 FOR A CONTINUOUS PERIOD OF NINE MONTHS OR MORE, SHALL, ON THE FIRST DAY OF EACH FISCAL YEAR RECEIVE AN INCREASE OF SALARY OF $100, EXCEPT THAT NO OFFICER SHALL RECEIVE A SALARY ABOVE THE MAXIMUM OF HIS CLASS AND ALL SUCH OFFICERS IN CLASSES 1, 2, 3, OR 4 SHALL IN THE SAME CIRCUMSTANCES RECEIVE AN INCREASE OF $200: * * *"

IT WILL BE NOTED THAT OFFICERS IN CLASSES 1, 2, 3, AND 4 SHALL RECEIVE ANNUAL INCREASES OF SALARY OF $200 AND THOSE IN CLASSES 5, 6, 7, AND 8 OF $100,"EXCEPT NO OFFICER SHALL RECEIVE A SALARY ABOVE THE MAXIMUM OF HIS CLASS.'

WILL YOU KINDLY INDICATE WHETHER A PORTION OF THE AUTOMATIC INCREASE MAY BE GIVEN WHEN THE FULL AMOUNT WOULD EXCEED THE MAXIMUM SALARY OF THE CLASS. FOR EXAMPLE, THE SALARY RATE OF CLASS 2 IS $8,000 TO $8,900, AND THE AUTOMATIC INCREASE IS $200 A YEAR. AN OFFICER RECEIVING $8,800 A YEAR COULD NOT HAVE HIS SALARY INCREASED BY THE FULL $200, BUT IT DOES NOT APPEAR TO BE CLEAR WHETHER A PORTION, SAY $100 OF THE AMOUNT MIGHT BE GRANTED WHICH WOULD NOT MAKE THE SALARY EXCEED THE MAXIMUM OF THE CLASS.

WHILE THE YEARLY INCREMENT IN COMPENSATION IN CLASSES 1, 2, 3, AND 4 IS FIXED AT $200, THE STATUTE, ALSO, SPECIFICALLY FIXES A MAXIMUM SALARY RATE OF $8,900 PER ANNUM IN CLASS 2, $7,900 PER ANNUM IN CLASS 3, AND $6,900 PER ANNUM IN CLASS 4, WHICH COULD NOT BE PAID IF THE LAST INCREMENT RECEIVED IN THE CLASS WAS REQUIRED TO BE THE ENTIRE AMOUNT OF $200. THERE APPEARS NOTHING IN THE STATUTE TO INDICATE AN INTENT THAT OFFICERS IN CLASSES 2, 3, AND 4 COULD NEVER REACH THE MAXIMUM OF THEIR RESPECTIVE CLASSES BY LENGTH OF SATISFACTORY CONTINUOUS SERVICE WHEN OFFICERS IN EACH OF THE FIVE OTHER CLASSES COULD SO ATTAIN THE MAXIMUM OF THEIR RESPECTIVE CLASSES.