A-85927, JUNE 29, 1937, 16 COMP. GEN. 1123

A-85927: Jun 29, 1937

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- FEDERAL POSITIONS THE COMPENSATION OF WHICH IS FIXED BY. - HAVE THE STATUS OF APPROPRIATED FUNDS WITHIN THE MEANING OF THE DUAL COMPENSATION PROHIBITION STATUTES. YOU ARE ADVISED THAT UPON FURTHER INVESTIGATION IT HAS BEEN ASCERTAINED THAT MR. HENRY'S STATUS IN RESPECT OF HIS EMPLOYMENT WITH THE FEDERAL LAND BANK WAS NOT THAT OF AN EMPLOYEE OF THE BANK. WAS RENDERED. THE COMPENSATION OF WHICH IS FIXED BY THE FARM CREDIT ADMINISTRATION AND IS PAYABLE UNDER ORDERS OF THE FARM CREDIT ADMINISTRATION. 12 U.S.C. 658. SUCH ORDERS ARE TANTAMOUNT TO ASSESSMENTS AND. THE FUNDS USED TO PAY THE COMPENSATION ARE TO BE REGARDED AS HAVING THE STATUS OF APPROPRIATED FUNDS WITHIN THE PURVIEW OF THE DUAL COMPENSATION STATUTES.

A-85927, JUNE 29, 1937, 16 COMP. GEN. 1123

COMPENSATION - DOUBLE - FEDERAL LAND BANK APPRAISERS FUNDS USED TO PAY FEDERAL LAND BANK APPRAISERS--- FEDERAL POSITIONS THE COMPENSATION OF WHICH IS FIXED BY, AND PAYABLE UNDER, ORDERS OF THE FARM CREDIT ADMINISTRATION--- HAVE THE STATUS OF APPROPRIATED FUNDS WITHIN THE MEANING OF THE DUAL COMPENSATION PROHIBITION STATUTES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, JUNE 29, 1937:

WITH FURTHER REFERENCE TO MY LETTER OF JUNE 19, 1937, A-85927, REGARDING THE DUAL EMPLOYMENT OF HAROLD H. HENRY, BY THE NATIONAL RESOURCES BOARD AND BY THE FEDERAL LAND BANK OF SPOKANE, WASH., OVER THE PERIOD OCTOBER 11 TO 24, 1934, INCLUSIVE, AND FOR JULY 15, 1935 (YOUR FILE NO. R:ELT:SG, R- 404513), YOU ARE ADVISED THAT UPON FURTHER INVESTIGATION IT HAS BEEN ASCERTAINED THAT MR. HENRY'S STATUS IN RESPECT OF HIS EMPLOYMENT WITH THE FEDERAL LAND BANK WAS NOT THAT OF AN EMPLOYEE OF THE BANK--- THE BASIS ON WHICH THE DECISION OF MAY 20, 1937, TO YOU, WAS RENDERED--- BUT THAT OF A BANK APPRAISER, A FEDERAL POSITION (15 COMP. GEN. 184), THE COMPENSATION OF WHICH IS FIXED BY THE FARM CREDIT ADMINISTRATION AND IS PAYABLE UNDER ORDERS OF THE FARM CREDIT ADMINISTRATION. 12 U.S.C. 658. SUCH ORDERS ARE TANTAMOUNT TO ASSESSMENTS AND, THEREFORE, THE FUNDS USED TO PAY THE COMPENSATION ARE TO BE REGARDED AS HAVING THE STATUS OF APPROPRIATED FUNDS WITHIN THE PURVIEW OF THE DUAL COMPENSATION STATUTES. SEE 3 COMP. GEN. 190.

THE RECORD SHOWS THAT OVER THE INVOLVED PERIOD MR. HENRY RECEIVED $88.98 FROM THE FEDERAL LAND BANK AND $127.10 FROM THE NATIONAL RESOURCES COMMITTEE.

IN THE ABSENCE OF AN ELECTION BY THE EMPLOYEE, IT IS PRESUMED, THEREFORE, THAT HE WOULD ELECT TO RETAIN THE COMPENSATION UNDER THE POSITION WHICH WOULD GIVE HIM THE GREATER SUM. 8 COMP. GEN. 261, 264. ACCORDINGLY, THE FORMER EMPLOYEE IN THIS INSTANCE IS INDEBTED TO THE UNITED STATES IN THE SUM OF $88.98, IN VIEW OF WHICH THE AMOUNT IN THE RETIREMENT FUND TO THE CREDIT OF THE FORMER EMPLOYEE, REPORTED TO BE $65.50, WOULD BE PROPERLY FOR APPLICATION AGAINST HIS INDEBTEDNESS.

THEREFORE, IF PAYMENT HAS NOT ALREADY BEEN MADE, THE PROPER DISBURSING AUTHORITY SHOULD BE INSTRUCTED TO DRAW A CHECK FOR THE AMOUNT TO THE CREDIT OF MR. HENRY IN THE RETIREMENT FUND IN FAVOR OF THE GOVERNOR, FARM CREDIT ADMINISTRATION, FOR TRANSMISSION BY SAID OFFICER TO THE BANK, AS REQUESTED IN LETTER OF FEBRUARY 13, 1937, TO YOU, FROM THE ASSISTANT COMPTROLLER, FARM CREDIT ADMINISTRATION. HOWEVER, IF PAYMENT HAS ALREADY BEEN MADE TO MR. HENRY, DEMAND SHOULD BE MADE UPON HIM FOR REFUND OF THE INVOLVED AMOUNT, AND, IF UNSUCCESSFUL IN YOUR EFFORTS TO EFFECT RECOVERY, THE MATTER SHOULD BE SUBMITTED HERE FOR INSTITUTION OF COLLECTION PROCEEDINGS IN THE USUAL MANNER.