A-63574, JULY 24, 1935, 15 COMP. GEN. 74

A-63574: Jul 24, 1935

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DOUBLE - RETIRED NAVY NURSE HOLDING CIVILIAN POSITION A RETIRED NURSE OF THE NAVY RETIRED FOR DISABILITY IS WITHIN THE INHIBITION OF SECTION 6 OF THE ACT OF MAY 10. 1935: THERE WAS RECEIVED YOUR LETTER OF JULY 6. AS FOLLOWS: AT THE PRESENT TIME THERE IS A POSITION OF NURSE AVAILABLE ON THE LIBRARY OF CONGRESS BUILDING ROLL. AMONG THE APPLICANTS FOR THIS POSITION IS A MISS FLORENCE M. WHO WAS RETIRED ON NOVEMBER 1. - THE ORIGIN OF WHICH WAS IN LINE OF DUTY. WHETHER ADJUSTMENT EITHER IN HER RETIRED PAY OR SALARY WILL BE NECESSARY IN ORDER TO BRING THE COMBINED INCOME OF $1. THE NURSE CORPS OF THE NAVY WAS ESTABLISHED BY THE ACT OF MAY 13. WHEREIN IT WAS PROVIDED: * * * THE SUPERINTENDENT.

A-63574, JULY 24, 1935, 15 COMP. GEN. 74

COMPENSATION, DOUBLE - RETIRED NAVY NURSE HOLDING CIVILIAN POSITION A RETIRED NURSE OF THE NAVY RETIRED FOR DISABILITY IS WITHIN THE INHIBITION OF SECTION 6 OF THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, BEING NEITHER A RETIRED OFFICER NOR A RETIRED ENLISTED MAN WITHIN THE EXPRESS EXCEPTION TO THAT STATUTE, AND ACCORDINGLY MAY NOT BE EMPLOYED IN A CIVILIAN POSITION WITH A SALARY RATE WHICH, TOGETHER WITH THE ANNUAL RATE OF RETIRED PAY, WOULD EXCEED $2,000 PER ANNUM.

COMPTROLLER GENERAL MCCARL TO THE SUPERINTENDENT, LIBRARY BUILDING, LIBRARY OF CONGRESS, JULY 24, 1935:

THERE WAS RECEIVED YOUR LETTER OF JULY 6, 1935, AS FOLLOWS:

AT THE PRESENT TIME THERE IS A POSITION OF NURSE AVAILABLE ON THE LIBRARY OF CONGRESS BUILDING ROLL. AMONG THE APPLICANTS FOR THIS POSITION IS A MISS FLORENCE M. VEVIA, FORMERLY EMPLOYED AS CHIEF NURSE, NAVY NURSE CORPS, U.S. NAVY, AND WHO WAS RETIRED ON NOVEMBER 1, 1934, FOR PHYSICAL DISABILITY--- THE ORIGIN OF WHICH WAS IN LINE OF DUTY, THE RESULT OF SERVICE CONDITIONS.

SINCE HER RETIREMENT, SHE HAS MADE AN EXCELLENT RECOVERY AND SEEKS REEMPLOYMENT. MAY I BE INFORMED WHETHER OR NOT MISS VEVIA MAY BE CONSIDERED FOR APPOINTMENT IN OUR SERVICE, AND, IF APPOINTED, WHETHER ADJUSTMENT EITHER IN HER RETIRED PAY OR SALARY WILL BE NECESSARY IN ORDER TO BRING THE COMBINED INCOME OF $1,440 PER ANNUM AND HER RETIRED PAY OF $135.00 PER MONTH WITHIN THE LIMIT OF $3,000 PER ANNUM SET-UP IN SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, FOR CERTAIN CASES.

AN EARLY REPLY WOULD BE APPRECIATED.

SECTION 6 OF THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, PROVIDES AS FOLLOWS:

THAT UNLESS OTHERWISE SPECIALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM, BUT THIS SHALL NOT APPLY TO RETIRED OFFICERS OR ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR TO OFFICERS AND ENLISTED MEN OF THE ORGANIZED MILITIA AND NAVAL MILITIA IN THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA: PROVIDED, THAT NO SUCH RETIRED OFFICER, OFFICER, OR ENLISTED MAN SHALL BE DENIED OR DEPRIVED OF ANY OF HIS PAY, SALARY, OR COMPENSATION AS SUCH, OR OF ANY OTHER SALARY OR COMPENSATION FOR SERVICES HERETOFORE RENDERED, BY REASON OF ANY DECISION OR CONSTRUCTION OF SAID SECTION SIX.

THE NURSE CORPS OF THE NAVY WAS ESTABLISHED BY THE ACT OF MAY 13, 1908, 35 STAT. 146, WHEREIN IT WAS PROVIDED:

* * * THE SUPERINTENDENT, CHIEF NURSES, AND NURSES SHALL RESPECTIVELY RECEIVE THE SAME PAY, ALLOWANCES, EMOLUMENTS, AND PRIVILEGES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY OR IN PURSUANCE OF LAW FOR THE NURSE CORPS (FEMALE) OF THE ARMY.

THE ACT OF JUNE 4, 1920, 41 STAT. 767, PROVIDES THAT:

HEREAFTER THE MEMBERS OF THE ARMY NURSE CORPS SHALL HAVE RELATIVE RANK AS FOLLOWS: * * * CHIEF NURSES, THE RELATIVE RANK OF FIRST LIEUTENANT; * *

SECTION 2 OF THE ACT OF MAY 13, 1926, 44 STAT. 532, FIXES THE RATE OF "ANNUAL PAY OF A RETIRED MEMBER OF THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS," AND SECTION 4 PROVIDES:

THAT RETIRED NURSES SHALL BE AUTHORIZED TO BEAR THE TITLE AND MAY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, WEAR THE UNIFORM OF THE GRADE HELD AT THE TIME OF RETIREMENT, AND, IN TIME OF WAR OR NATIONAL EMERGENCY, MAY BE EMPLOYED ON ACTIVE DUTY, IN THE DISCRETION OF THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, AND WHEN SO EMPLOYED SHALL RECEIVE THE FULL ACTIVE PAY AND ALLOWANCES OF THEIR RESPECTIVE GRADES.

THE ACT OF JUNE 20, 1930, 46 STAT. 790, PROVIDES AS FOLLOWS:

THAT PURSUANT TO REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, AS THE CASE MAY BE, WHEN A MEMBER OF THE ARMY NURSE CORPS OR OF THE NAVY NURSE CORPS SHALL BE FOUND BY A BOARD OF MEDICAL OFFICERS TO HAVE BECOME DISABLED IN LINE OF DUTY FROM PERFORMING THE DUTIES OF A NURSE, AND SUCH FINDINGS ARE APPROVED BY THE HEAD OF THE DEPARTMENT CONCERNED, SHE SHALL BE RETIRED FROM ACTIVE SERVICE AND PLACED UPON THE NURSE CORPS RETIRED LIST OF THE APPROPRIATE DEPARTMENT IN THE GRADE TO WHICH SHE BELONGED AT THE TIME OF HER RETIREMENT AND WITH RETIRED PAY AT THE RATE OF 75 PERCENTUM OF THE ACTIVE SERVICE PAY RECEIVED BY HER AT THE TIME OF HER TRANSFER TO THE RETIRED LIST.

THESE STATUTES SHOW BEYOND A REASONABLE DOUBT THAT THE RETIRED PAY RECEIVED BY A RETIRED NURSE OF THE NAVY CONSTITUTES "SALARY" WITHIN THE MEANING OF THE DUAL COMPENSATION STATUTE OF MAY 10, 1916, AS AMENDED, SUPRA. WHILE NURSES ARE AUTHORIZED TO HOLD THE RELATIVE RANK OF A COMMISSIONED OFFICER, THEY ARE NOT "RETIRED OFFICERS OR ENLISTED MEN" (13 COMP. GEN. 94) WITHIN THE MEANING OF THE EXCEPTION TO SAID DUAL COMPENSATION STATUTE. COMPARE BYRNES V. UNITED STATES, 26 CT.CLS., 302.

SPECIFICALLY, YOU ARE ADVISED THAT A RETIRED NURSE OF THE NAVY IS WITHIN THE INHIBITION OF SECTION 6 OF THE ACT OF MAY 10, 1916, AS AMENDED, AND THAT MISS VEVIA MAY NOT BE EMPLOYED IN A CIVILIAN POSITION WITH SALARY RATE OF $1,440 PER ANNUM, WHICH, TOGETHER WITH THE ANNUAL RATE OF HER RETIRED PAY, WOULD EXCEED $2,000 PER ANNUM.