A-94057, MAY 13, 1938, 17 COMP. GEN. 950

A-94057: May 13, 1938

Additional Materials:

Contact:

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

 

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

A REAPPOINTEE WHO WAS SEPARATED PRIOR TO THE DATE OF THE ACT AND WAS NOT EMPLOYED AS A TEACHER IN ANY PUBLIC SCHOOL SYSTEM UNTIL REAPPOINTED 19 YEARS THEREAFTER. ALTHOUGH AFTER A PERIOD OF APPROXIMATELY 8 YEARS SHE WAS ENGAGED IN TEACHING IN FEDERAL AND STATE INSTITUTIONS UNTIL A FEW MONTHS BEFORE HER REAPPOINTMENT. IS AS FOLLOWS: THE COMMISSIONS DESIRE TO SUBMIT FOR YOUR EARLY CONSIDERATION AND ADVICE THE FOLLOWING: SECTION 9 OF THE ACT OF JUNE 11. THE RECORDS INDICATE THAT CATHERINE BOYLE JONES WAS EMPLOYED AS AN ELEMENTARY TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA FOR THE PERIOD MARCH 20. SHE WAS ENGAGED AS A TEACHER IN A FEDERAL INSTITUTION IN WEST VIRGINIA. SHE WAS ENGAGED AS A TEACHER IN THE STATE TRAINING SCHOOL FOR GIRLS AT HUDSON.

A-94057, MAY 13, 1938, 17 COMP. GEN. 950

DISTRICT OF COLUMBIA - TEACHERS IN PUBLIC SCHOOLS - REAPPOINTMENT AND RETIREMENT CREDIT FOR PREVIOUS SERVICE AS SECTION 9 OF THE ACT OF JUNE 11, 1926, 44 STAT. 729, CLEARLY AND DEFINITELY DENIES CREDIT FOR PREVIOUS SERVICE IN ANY CASE OF REINSTATEMENT AS A TEACHER OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA WHERE THE TEACHER HAS BEEN SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC SCHOOL SYSTEM FOR MORE THAN 5 YEARS, A REAPPOINTEE WHO WAS SEPARATED PRIOR TO THE DATE OF THE ACT AND WAS NOT EMPLOYED AS A TEACHER IN ANY PUBLIC SCHOOL SYSTEM UNTIL REAPPOINTED 19 YEARS THEREAFTER, ALTHOUGH AFTER A PERIOD OF APPROXIMATELY 8 YEARS SHE WAS ENGAGED IN TEACHING IN FEDERAL AND STATE INSTITUTIONS UNTIL A FEW MONTHS BEFORE HER REAPPOINTMENT, MAY NOT PURCHASE AND SECURE LONGEVITY CREDIT TOWARD RETIREMENT FOR THE SERVICE PREVIOUSLY RENDERED AS A DISTRICT OF COLUMBIA PUBLIC SCHOOL TEACHER.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, BOARD OF COMMISSIONERS, DISTRICT OF COLUMBIA, MAY 13, 1938:

YOUR LETTER OF APRIL 8, 1938, IS AS FOLLOWS:

THE COMMISSIONS DESIRE TO SUBMIT FOR YOUR EARLY CONSIDERATION AND ADVICE THE FOLLOWING:

SECTION 9 OF THE ACT OF JUNE 11, 1926 (44 STAT. 729), PROVIDES IN PART:

"NO TEACHER WHO SHALL WITHDRAW THE AMOUNT OF HIS DEDUCTIONS UNDER THIS SECTION SHALL, AFTER REINSTATEMENT, BE ENTITLED TO CREDIT FOR PREVIOUS SERVICE UNLESS HE SHALL DEPOSIT IN THE FUND THE AMOUNT SO WITHDRAWN BY HIM: PROVIDED, THAT THE AMOUNT REQUIRED TO BE SO DEPOSITED MAY BE PAID BY THE TEACHER, IF HE SO ELECTS, IN ANY NUMBER OF MONTHLY INSTALLMENTS, NOT EXCEEDING ONE HUNDRED, WITH INTEREST AT 4 PERCENTUM, COMPOUNDED ANNUALLY BUT NO CREDIT FOR PREVIOUS SERVICE SHALL BE GIVEN IN ANY CASE OF REINSTATEMENT WHERE THE TEACHER HAS BEEN SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC SCHOOL SYSTEM FOR MORE THAN FIVE YEARS.'

THE RECORDS INDICATE THAT CATHERINE BOYLE JONES WAS EMPLOYED AS AN ELEMENTARY TEACHER IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA FOR THE PERIOD MARCH 20, 1905, TO AUGUST 31, 1918; THAT UNDER DATE OF FEBRUARY 1, 1927, SHE WAS ENGAGED AS A TEACHER IN A FEDERAL INSTITUTION IN WEST VIRGINIA, WHERE SHE SERVED UNTIL SEPTEMBER 1, 1928, AND THAT ON SEPTEMBER 1, 1931, SHE WAS ENGAGED AS A TEACHER IN THE STATE TRAINING SCHOOL FOR GIRLS AT HUDSON, NEW YORK, WHICH SERVICE CONTINUED TO JULY 31, 1937. FOLLOWING THIS SHE WAS REAPPOINTED TO THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA AS AN ANNUAL SUBSTITUTE AT $1,400 ON SEPTEMBER 1, 1937, WHICH POSITION SHE NOW HOLDS.

IN VIEW OF THE FACT THAT THE ACT, SUPRA, PROVIDES THAT NO CREDIT FOR PREVIOUS SERVICE SHALL BE GIVEN IN ANY CASE OF REINSTATEMENT WHERE THE TEACHER HAS BEEN SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC SCHOOL SYSTEM FOR MORE THAN FIVE YEARS, IT IS REQUESTED THAT YOU ADVISE THE COMMISSIONERS WHETHER SHE MAY PURCHASE AND RECEIVE RETIREMENT CREDIT FOR THE PERIOD MARCH 20, 1905, TO AUGUST 31, 1918.

THE STATUTE CLEARLY AND DEFINITELY DENIES CREDIT FOR PREVIOUS SERVICE IN ANY CASE OF REINSTATEMENT AS A TEACHER OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA WHERE THE TEACHER HAS BEEN SEPARATED FROM TEACHING SERVICE IN ANY PUBLIC-SCHOOL SYSTEM FOR MORE THAN 5 YEARS. IT IS APPARENTLY INTENDED THAT A REENTRY OR REINSTATEMENT INTO TEACHING SERVICE AFTER A SEPARATION OF MORE THAN 5 YEARS IS TO BE REGARDED AS AN ORIGINAL APPOINTMENT FOR RETIREMENT PURPOSES. NOT ONLY WAS CATHERINE BOYLE JONES NOT EMPLOYED AS A TEACHER IN ANY PUBLIC-SCHOOL SYSTEM BETWEEN AUGUST 31, 1918, AND SEPTEMBER 1, 1937 (A PERIOD OF 19 YEARS), BUT SHE WAS NOT ENGAGED IN TEACHING SERVICE IN ANY SCHOOL BETWEEN AUGUST 31, 1918, AND FEBRUARY 1, 1927 (A PERIOD OF OVER 8 YEARS). THEREFORE, SHE MAY NOT PURCHASE AND SECURE LONGEVITY CREDIT TOWARD RETIREMENT FOR THE PERIOD FROM MARCH 20, 1905, TO AUGUST 31, 1918.