A-95878, JULY 5, 1938, 18 COMP. GEN. 4

A-95878: Jul 5, 1938

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IS APPLICABLE TO STATE DEPARTMENT FOREIGN SERVICE OFFICERS REGARDLESS OF THE REASON FOR WHICH RETIRED. WHERE SUCH AN OFFICER IS ERRONEOUSLY RETIRED PRIOR TO THE FIRST DAY OF THE FOLLOWING MONTH. NO PAYMENT OF RETIREMENT ANNUITY FOR THE PERIOD PRIOR TO THE FIRST OF THE FOLLOWING MONTH IS AUTHORIZED. IS AS FOLLOWS: REFERENCE IS MADE TO THE CASE OF THE HONORABLE FRED MORRIS DEARING. ALSO THE REGULAR SALARY TO WHICH HE IS ENTITLED WHILE AT HIS POST OF DUTY. A RETIRING MINISTER IS ENTITLED TO RECEIVE SALARY DURING TRANSIT FROM HIS POST TO HIS PLACE OF RESIDENCE IN THE UNITED STATES FROM THE APPROPRIATION ENTITLED "SALARIES. AN OFFICER WHO HAS ALREADY RETIRED IS ONLY ENTITLED TO HIS ANNUITY PAYMENTS IN TRANSIT.

A-95878, JULY 5, 1938, 18 COMP. GEN. 4

RETIREMENT - FOREIGN SERVICE - APPLICABILITY OF UNIFORM RETIREMENT DATE ACT, AND USE OF VOLUNTARY CONTRIBUTIONS FOR RETIREMENT ACT BENEFIT PURPOSES THE UNIFORM RETIREMENT DATE ACT OF APRIL 23, 1930, 46 STAT. 253, IS APPLICABLE TO STATE DEPARTMENT FOREIGN SERVICE OFFICERS REGARDLESS OF THE REASON FOR WHICH RETIRED, AND, WHERE SUCH AN OFFICER IS ERRONEOUSLY RETIRED PRIOR TO THE FIRST DAY OF THE FOLLOWING MONTH, NO PAYMENT OF RETIREMENT ANNUITY FOR THE PERIOD PRIOR TO THE FIRST OF THE FOLLOWING MONTH IS AUTHORIZED, NOR MAY PAYMENT BE MADE OF TRANSIT TIME PAY FOR ANY PERIOD AFTER THE LAST DAY OF THE MONTH IN WHICH ERRONEOUSLY RETIRED, THE QUESTION WHETHER ENTITLED TO TRANSIT TIME PAY FOR THE PERIOD BETWEEN THE ERRONEOUS DATE OF RETIREMENT AND THE FIRST OF THE FOLLOWING MONTH WHILE NOT IN RECEIPT OF RETIREMENT ANNUITY NOT BEING OF DEFINITE DETERMINATION ON THE BASIS OF THE FACTS SHOWN. 4 COMP. GEN. 376, MODIFIED IN PART. WHERE A STATE DEPARTMENT FOREIGN SERVICE OFFICER, WITHOUT REQUIREMENT OR AUTHORIZATION OF LAW, HAS PAID INTO THE FOREIGN SERVICE OFFICERS' RETIREMENT AND DISABILITY FUND AN AMOUNT BASED ON SERVICE AS A CLERK- TRANSLATOR FOR A PERIOD PRIOR TO JULY 1, 1924, THE EFFECTIVE DATE OF THE ACT OF MAY 24, 1924, 43 STAT. 144, AUTHORIZING THE ESTABLISHMENT OF A RETIREMENT SYSTEM, THE DEPOSIT MAY NOT BE CONSIDERED FOR RETIREMENT BENEFIT PURPOSES AND SHOULD BE REFUNDED TO THE OFFICER WITHOUT INTEREST.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, JULY 5, 1938:

YOUR LETTER OF JUNE 20, 1938, IS AS FOLLOWS:

REFERENCE IS MADE TO THE CASE OF THE HONORABLE FRED MORRIS DEARING, AMERICAN MINISTER TO SWEDEN, WHOSE RETIREMENT FOR ADMINISTRATIVE REASONS MUST OF NECESSITY BECOME EFFECTIVE AT THE CLOSE OF BUSINESS ON JUNE 17, 1938.

ACCORDING TO SECTION 29, CHAPTER 2, OF THE INSTRUCTIONS TO DIPLOMATIC OFFICERS AS PROMULGATED BY EXECUTIVE ORDER NO. 4605-A DATED MARCH 8, 1927, MR. DEARING'S SALARY AS MINISTER CEASES ON THE EVENING OF JUNE 17, 1938.

"THE OFFICIAL DUTIES OF A RETIRING DIPLOMATIC REPRESENTATIVE, AND ALSO THE REGULAR SALARY TO WHICH HE IS ENTITLED WHILE AT HIS POST OF DUTY, CEASE ON THE DAY OF PRESENTATION OF HIS LETTER OF RECALL TO THE CHIEF OF STATE, OR, IN THE CASE OF A COMMISSIONED CHARGE D-AFFAIRES, TO THE MINISTER FOR FOREIGN AFFAIRS. IF FOR ANY REASON HE SHOULD NOT BE ABLE TO PRESENT HIS LETTER OF RECALL IN FORMAL AUDIENCE OF LEAVE TAKING, HIS DUTIES AND SALARY CEASE ON TAKING HIS DEPARTURE FROM THE SEAT OF THE MISSION, UNLESS SOONER RELIEVED BY HIS SUCCESSOR.'--- II 29, INSTRUCTIONS TO DIPLOMATIC OFFICERS.

WHILE ACCORDING TO SECTION 30, CHAPTER 2, OF THE INSTRUCTIONS TO DIPLOMATIC OFFICERS ALSO PROMULGATED BY EXECUTIVE ORDER NO. 4605-A DATED MARCH 8, 1927, A RETIRING MINISTER IS ENTITLED TO RECEIVE SALARY DURING TRANSIT FROM HIS POST TO HIS PLACE OF RESIDENCE IN THE UNITED STATES FROM THE APPROPRIATION ENTITLED "SALARIES, FOREIGN SERVICE OFFICERS" AUTHORIZED BY THE ACT OF APRIL 27, 1938, UNDER DECISION NO. A-4888 (4 COMP. GEN. 377), AN OFFICER WHO HAS ALREADY RETIRED IS ONLY ENTITLED TO HIS ANNUITY PAYMENTS IN TRANSIT.

"UNDER SECTION 1740, REVISED STATUTES, AND THE ANNUAL APPROPRIATION ACTS IN PURSUANCE THEREOF, TRANSIT PAY UPON TERMINATION OF THE PERIOD OF OFFICIAL SERVICE IS EXPRESSLY PROVIDED TO THE PLACE OF RESIDENCE OF THE RETIRING OFFICER, WHEN APPOINTED FOR THE TIME ACTUALLY AND NECESSARILY OCCUPIED IN TRANSIT BY THE MOST DIRECT ROUTE.'--- II-30, INSTRUCTIONS TO DIPLOMATIC OFFICERS.

"NO AMBASSADOR, ENVOY EXTRAORDINARY, MINISTER PLENIPOTENTIARY, MINISTER RESIDENT * * * SHALL BE ENTITLED TO COMPENSATION FOR HIS SERVICES, EXCEPT FROM THE TIME WHEN HE REACHES HIS POST AND ENTERS UPON HIS OFFICIAL DUTIES TO THE TIME WHEN HE CEASES TO HOLD SUCH OFFICE, AND FOR SUCH TIME AS IS ACTUALLY AND NECESSARILY OCCUPIED IN RECEIVING HIS INSTRUCTIONS, NOT TO EXCEED THIRTY DAYS, AND IN MAKING THE DIRECT TRANSIT BETWEEN THE PLACE OF HIS RESIDENCE, WHEN APPOINTED, AND HIS POST OF DUTY, AT THE COMMENCEMENT AND TERMINATION OF THE PERIOD OF HIS OFFICIAL SERVICE, FOR WHICH HE SHALL IN ALL CASES BE ALLOWED AND PAID, EXCEPT AS HEREINAFTER MENTIONED. AND NO PERSON SHALL BE DEEMED TO HOLD ANY SUCH OFFICE AFTER HIS SUCCESSOR IS APPOINTED AND ACTUALLY ENTERS UPON THE DUTIES OF HIS OFFICE AT HIS POST OF DUTY, NOR AFTER HIS OFFICIAL RESIDENCE AT SUCH POST HAS TERMINATED IF NOT SO RELIEVED. BUT NO SUCH OFFICER AS IS REFERRED TO IN THIS SECTION SHALL BE ALLOWED COMPENSATION FOR THE TIME SO OCCUPIED IN SUCH TRANSIT, AT THE TERMINATION OF THE PERIOD OF HIS OFFICIAL SERVICE, IF HE HAS RESIGNED OR BEEN RECALLED THEREFROM FOR ANY MALFEASANCE IN HIS OFFICE. (R.S. SEC. 1740).'--- 22 U.S.C. 121.

"SALARIES, FOREIGN SERVICE OFFICERS: FOR SALARIES OF FOREIGN SERVICE OFFICERS AS PROVIDED IN THE ACT APPROVED FEBRUARY 23, 1931 (22 U.S.C. 3, 3A); SALARIES OF AMBASSADORS, MINISTERS, CONSULS, VICE CONSULS, AND OTHER OFFICERS OF THE UNITED STATES FOR THE PERIOD ACTUALLY AND NECESSARILY OCCUPIED IN RECEIVING INSTRUCTIONS AND IN MAKING TRANSITS TO AND FROM THEIR POSTS, AND WHILE AWAITING RECOGNITION AND AUTHORITY TO ACT IN PURSUANCE WITH THE PROVISIONS OF SECTION 1740 OF THE REVISED STATUTES (22 U.S.C. 121); * * * $3,505,100.'--- ACT OF APRIL 27, 1938, PUBLIC 495, H.R. 9544.

"THE UNIFORM CONSTRUCTION OF RETIREMENT ACTS, NOTABLY FOR THE ARMY, THE NAVY, AND THE CIVILIAN BRANCH OF THE GOVERNMENT, HAS BEEN THAT UPON REACHING THE PRESCRIBED AGE RETIREMENT AUTOMATICALLY BECOMES EFFECTIVE AND ACTIVE DUTY PAY CEASES, UNLESS UNDER AUTHORITY OF CONTROLLING STATUTES, THE INDIVIDUAL IS RETAINED ON ACTIVE DUTY. THE SAME IS TRUE HERE. AS THE EXECUTIVE AUTHORITY DID NOT RETAIN CONSUL MITCHELL ON THE ACTIVE LIST THE GOING INTO EFFECT OF THE RETIREMENT ACT OPERATED TO DISCONTINUE HIS ACTIVE DUTY PAY, AND TO ENTITLE HIM ONLY TO PAY BASED ON HIS RETIRED STATUS. TRANSIT TIME PAY IS NOTHING MORE THAN ACTIVE DUTY PAY CONTINUED AFTER A CONSULAR OFFICER HAS VACATED HIS OFFICE DURING SUFFICIENT TIME FOR HIM TO REACH HIS HOME. SECTION 1740, REVISED STATUTES, WAS, OF COURSE, ENACTED BEFORE ANY PROVISION WAS MADE FOR RETIREMENT WITH PAY AND CAN NOT GIVE A RETIRED OFFICER ANY RIGHT TO HIS FULL ACTIVE DUTY PAY WHILE IN A RETIRED STATUS.

"ACCORDINGLY, IT MUST BE HELD THAT CONSUL MITCHELL IS ENTITLED ON AND AFTER JULY 1, 1924, ONLY TO HIS PAY AS A RETIRED CONSULAR OFFICER UNDER THE ACT OF MAY 24, 1924, SUPRA, AND NOT TO TRANSIT TIME PAY FOR ANY PERIOD.'--- 4 COMP. GEN. 377.

ON THE BASIS OF THE ABOVE PROVISIONS THE DEPARTMENT HAS ESTABLISHED THE PRECEDENT, FOR THE PURPOSES OF RETIREMENT, OF TERMINATING A MINISTER'S OR AN AMBASSADOR'S SALARY AS OF THE DATE OF HIS RETIREMENT AND OF COMMENCING ANNUITY PAYMENTS ON THE DAY FOLLOWING. THIS PROCEDURE CONSTITUTES A NECESSARY DEPARTURE FROM THE PROVISIONS OF THE UNIFORM RETIREMENT ACT OF APRIL 23, 1930, CITED BELOW, AND YOUR CONFIRMATION OF THIS ACTION IS THEREFORE REQUESTED.

"RETIREMENT AUTHORIZED BY LAW OF FEDERAL PERSONNEL OF WHATEVER CLASS, CIVIL, MILITARY, NAVAL, JUDICIAL, LEGISLATIVE, OR OTHERWISE, AND FOR WHATEVER CAUSE RETIRED, SHALL TAKE EFFECT ON THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE, AND SAID FIRST DAY OF THE MONTH FOR RETIREMENTS MADE AFTER JULY 1, 1930, SHALL BE FOR ALL PURPOSES IN LIEU OF SUCH DATE FOR RETIREMENT AS WAS ON APRIL 23, 1930, AUTHORIZED; EXCEPT THAT THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE SHALL BE COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED IF THIS SECTION HAD NOT BEEN ENACTED. (APR. 23, 1930, C. 209 SEC. 1, 46 STAT. 253).'--- 5 U.S.C. 47A.

A FURTHER PROBLEM ARISES IN THE CASE OF MR. DEARING WHICH IS ALSO BEING REFERRED TO YOU FOR DETERMINATION. UNDER DATE OF FEBRUARY 10, 1932 MR. DEARING DEPOSITED IN THE FOREIGN SERVICE OFFICERS' RETIREMENT AND DISABILITY FUND THE AMOUNT OF $365.29 AS A CONTRIBUTION TOWARD RETIREMENT BASED ON THE SALARY RECEIVED BY HIM AS A CLERK-TRANSLATOR IN THE EMBASSY AT HABANA FROM JUNE 16, 1904, THROUGH AUGUST 14, 1906. THE QUESTION OF WHETHER IT WAS NECESSARY TO MAKE CONTRIBUTIONS TO THE FOREIGN SERVICE OFFICERS' RETIREMENT AND DISABILITY FUND FOR SERVICE RENDERED PRIOR TO JULY 1, 1924, IN ORDER TO OBTAIN SERVICE CREDIT FOR SUCH SERVICE, WAS SETTLED IN DECISION NO. A-47912 (12 COMP. GEN. 551) THE PERTINENT PORTIONS OF WHICH ARE QUOTED BELOW.

"SECTION 26 (F) OF THE FOREIGN SERVICE RETIREMENT ACT OF FEBRUARY 23, 1931, 46 STAT. 1211, REQUIRING A PERCENTAGE REDUCTION IN THE ANNUITY OF FOREIGN SERVICE OFFICERS FOR YEARS THEY DID NOT CONTRIBUTE TO THE RETIREMENT FUND, IS APPLICABLE TO PERIODS OF SERVICE PRIOR TO THE EFFECTIVE DATE OF THE FOREIGN SERVICE ACT OF JULY 1, 1924.

"SECTION 26 (O), REQUIRING CONTRIBUTION FROM A RETIRING OFFICER EQUIVALENT TO 5 PERCENT OF THE SALARY WITH INTEREST FOR YEARS OF SERVICE IN THE DEPARTMENT OF STATE OR AS A CLERK IN A MISSION OR CONSULATE, IS APPLICABLE TO PERIODS OF SERVICE AFTER JULY 1, 1924, WHEN OTHER FOREIGN SERVICE OFFICERS WERE REQUIRED TO REGULARLY CONTRIBUTE 5 PERCENT OF THEIR SALARIES TO THE RETIREMENT ND.'

THE CONTRIBUTION MADE BY MR. DEARING, HOWEVER, WAS NEVER RETURNED TO HIM AND THE PROBLEM NOW ARISES WHETHER IN COMPUTING HIS ANNUITY FOR RETIREMENT PURPOSES, SUCH CONTRIBUTION CAN BE RETAINED BY THE DEPARTMENT OF STATE AND RECKONED AS AN ADDITIONAL CONTRIBUTION FOR TWO YEARS, ONE MONTH AND TWENTY -NINE DAYS, WHICH WOULD RESULT IN REDUCING THE PERCENTAGE DEDUCTION PROVIDED FOR IN SECTION 26 (F) OF THE ACT OF FEBRUARY 23, 1931, OR WHETHER THE CONTRIBUTION TOGETHER WITH INTEREST ACCRUED THEREON FROM THE DATE OF DEPOSIT SHOULD BE RETURNED TO MR. DEARING AND THE PERCENTAGE DEDUCTION COMPUTED ACCORDING TO THE USUAL PROCEDURE.

IN THIS CONNECTION IT MIGHT BE STATED THAT MR. DEARING WAS ONE OF THE GROUP OF MEN WHO WERE ACCORDED BENEFITS UNDER THE PROVISIONS OF THE ACT OF MAY 24, 1924, BY THE AMENDMENT OF JULY 3, 1926, PUBLIC, 519 H.R. 11203. AS A RESULT OF DECISION NO. A-15248 (6 COMP. GEN. 103) THESE MEN WERE EXEMPTED FROM THE PAYMENT OF CONTRIBUTIONS FOR SERVICE ACQUIRED PRIOR TO JULY 3, 1926.

"THE AMENDMENT OF SECTION 18 (O) OF THE ACT OF MAY 24, 1924, 43 STAT. 144, BY THE ACT OF JULY 3, 1926, 44 STAT. 903, DOES NOT REQUIRE THE ADDITIONAL PERSONNEL OF THE FOREIGN SERVICE, TO WHICH THE AMENDMENT EXTENDED THE ACT, TO DEPOSIT 5 PERCENT OF THEIR SALARY FOR ANY TIME PRIOR TO JULY 3, 1926. ANY INEQUALITY WHICH WOULD OTHERWISE RESULT FROM THE APPLICATION OF SUCH AMENDMENT IS TAKEN CARE OF BY SECTION 18 (F) OF THE ORIGINAL ACT. 4 COMP. GEN. 315, 757, NO LONGER LICABLE.'

WHILE THE BASIS FOR THE RETIREMENT IN THIS CASE IS NOT SHOWN IN YOUR SUBMISSION, IT WILL BE ASSUMED FOR THE PURPOSE OF THIS DECISION THAT THE OFFICER LEGALLY BECAME ENTITLED ON OR BEFORE JUNE 17, 1938, TO RETIREMENT WITH AN ANNUITY.

IN DECISION OF JUNE 11, 1930, 9 COMP. GEN. 512, IT WAS HELD (QUOTING FROM THE SYLLABUS):

ALL RETIREMENTS, AFTER JULY 1, 1930, INCLUDING THOSE FOR DISABILITY AND AFTER 30 YEARS' SERVICE, SHALL BE MADE EFFECTIVE ONLY ON THE FIRST DAY OF A MONTH, UNDER THE PROVISIONS OF THE ACT OF APRIL 23, 1930, 46 STAT. 253, AND RECOMMENDATIONS TO THE PRESIDENT IN CASES REQUIRING HIS APPROVAL SHOULD ACCORD THEREWITH. IN CASES IN WHICH THE PRESIDENT HERETOFORE HAS ACTED OR HEREAFTER MAY ACT APPROVING THE RETIREMENT AS EFFECTIVE ON ANY DAY DURING A MONTH OTHER THAN THE FIRST DAY THEREOF, AFTER JULY 1, 1930, THE RETIREMENT WILL BE EFFECTIVE FROM THE FIRST DAY OF THE NEXT SUCCEEDING MONTH WITHOUT FURTHER ACTION BY THE PRESIDENT.

THE FOLLOWING IS QUOTED FROM THE DECISION OF JULY 25, 1930, 10 COMP. GEN. 36, 37:

THE ACT OF APRIL 23, 1930 (46 STAT. 253), FIXES "THE 1ST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE" AS THE EFFECTIVE DATE OF ALL RETIREMENTS IN THE FEDERAL SERVICE. THE PRIMARY PURPOSE WAS TO FIX A UNIFORM RETIREMENT DATE ON THE FIRST DAY OF A MONTH. THE EARLIEST RETIREMENT DATE AUTHORIZED WHERE THERE IS AN ADMINISTRATIVE DISCRETION WOULD BE THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE OFFICER OR EMPLOYEE BECOMES ELIGIBLE FOR RETIREMENT. IN CASES WHERE THE CONTROLLING STATUTE AUTHORIZES THE FIXING OF AN EFFECTIVE DATE OF RETIREMENT BY ADMINISTRATIVE ACTION AND/OR PRESIDENTIAL APPROVAL, RATHER THAN UPON THE HAPPENING OF SOME CONTINGENCY, AND A DAY IS ADMINISTRATIVELY FIXED ON THE FIRST DAY OF A MONTH LATER THAN THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE EMPLOYEE FIRST BECOMES ELIGIBLE, THE PURPOSE AND INTENT OF THE ACT OF APRIL 23, 1930, HAS BEEN FULFILLED IF RETIREMENT IS MADE EFFECTIVE ON THE FIRST DAY OF THE MONTH FIXED BY ADMINISTRATIVE AUTHORITY, RATHER THAN THE FIRST DAY OF THE FOLLOWING MONTH.

SEE, ALSO, 11 COMP. GEN. 6; ID. 31; 12 ID. 54.

THERE IS NOTHING IN THE UNIFORM RETIREMENT DATE ACT QUOTED IN YOUR LETTER, OR IN THE FOREIGN SERVICE RETIREMENT ACT OF FEBRUARY 23, 1931, 46 STAT. 1211, OR IN ANY OTHER STATUTE, EXEMPTING THE RETIREMENT OF FOREIGN SERVICE OFFICERS FROM THE PROVISIONS OF THE UNIFORM RETIREMENT DATE ACT. HENCE, SAID ACT IS APPLICABLE TO THEM REGARDLESS OF THE REASON FOR WHICH THE OFFICERS MAY BE RETIRED. ACCORDINGLY, EVEN THOUGH FRED MORRIS DEARING, FORMER AMERICAN MINISTER TO SWEDEN, WAS RELIEVED FROM ACTIVE DUTY AT THE CLOSE OF BUSINESS ON JUNE 17, 1938--- AND REGARDLESS OF THE REASON THEREFOR--- HE MAY NOT BE PAID RETIREMENT ANNUITY FOR ANY PERIOD PRIOR TO JULY 1, 1938, THE DECISION OF OCTOBER 14, 1924, 4 COMP. GEN. 376, RENDERED PRIOR TO THE ENACTMENT OF THE UNIFORM RETIREMENT DATE ACT, BEING NO LONGER CONTROLLING IN THIS RESPECT. ANY ADMINISTRATIVE PROCEDURE TO THE CONTRARY SHOULD BE MODIFIED ACCORDINGLY.

WHETHER MR. DEARING IS ENTITLED TO TRANSIT TIME PAY FOR ANY PERIOD AFTER JUNE 17, 1938, MAY NOT BE DEFINITELY DETERMINED ON THE BASIS OF THE FACTS PRESENTED BUT IN NO EVENT WOULD HE BE ENTITLED TO TRANSIT TIME PAY UNDER AND SUBJECT TO THE CONDITIONS OF SECTION 1740, REVISED STATUTES, THE ANNUAL APPROPRIATION ACT AND THE REGULATIONS ISSUED PURSUANT THERETO FOR ANY PERIOD AFTER JUNE 30, 1938, DURING WHICH HE IS ENTITLED TO RETIREMENT ANNUITY. TO THIS EXTENT THE DECISION OF OCTOBER 14, 1924, 4 COMP. GEN. 376, IS STILL IN EFFECT.

MR. DEARING WAS NOT REQUIRED OR AUTHORIZED BY ANY PROVISION OF LAW TO PAY INTO THE FOREIGN SERVICE OFFICERS' RETIREMENT AND DISABILITY FUND THE AMOUNT OF $365.29 AS A CONTRIBUTION TOWARD RETIREMENT BASED ON THE SALARY RECEIVED BY HIM AS A CLERK-TRANSLATOR FOR THE PERIOD FROM JUNE 16, 1904 THROUGH AUGUST 14, 1906 (PRIOR TO JULY 1, 1924). HENCE, THE DEPOSIT MADE BY HIM IN FEBRUARY 1932, MAY NOT BE REGARDED AS ENTITLING HIM TO HAVE THE SERVICE FOR SUCH PERIOD CONSIDERED AS SERVICE FOR WHICH HE CONTRIBUTED WITHIN THE PURVIEW OF SECTION 18 (F) OF THE ACT OF MAY 24, 1924, 43 STAT. 144. ACCORDINGLY, THE SUM OF $365.29 SO DEPOSITED SHOULD BE REFUNDED TO HIM WITHOUT ANY INTEREST THEREON.