A-9640, MAY 26, 1925, 4 COMP. GEN. 1002

A-9640: May 26, 1925

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IS EFFECTIVE. THERE IS FOR DECISION THE CORRECT COMPUTATION OF PAY FOR THE QUARTER ENDED MARCH 31. THE CARRIER WAS PAID FOR SAID QUARTER IN ACCORDANCE WITH THE FOLLOWING STATEMENT APPARENTLY UNDER THE CONSTRUCTION PLACED BY THE POST OFFICE DEPARTMENT ON SECTION 8 OF THE ACT OF FEBRUARY 28. WERE CONSTRUED BY DECISION OF THIS OFFICE DATED APRIL 22. ONE-HALF THE LENGTH OF WHICH ARE IN EXCESS OF 24 MILES. IT WAS HELD: IT WOULD BE ONLY IN CASE ONE-HALF THE ACTUAL MILEAGE OF THE TRIWEEKLY ROUTE EXCEEDED TWENTY-FOUR MILES THAT THE PROVISION FOR PAYING ADDITIONAL COMPENSATION FOR MILEAGE IN EXCESS OF TWENTY-FOUR IS FOR APPLICATION. IF A TRIWEEKLY ROUTE WERE SIXTY MILES IN LENGTH. WHICH IS THE LUMP-SUM RATE FIXED IN THE STATUTE FOR A TWENTY-FOUR-MILE ROUTE SERVED SIX DAYS IN THE WEEK OR A FORTY-EIGHT-MILE ROUTE SERVED THREE DAYS A WEEK.

A-9640, MAY 26, 1925, 4 COMP. GEN. 1002

POSTAL RECLASSIFICATION - RURAL CARRIERS - EFFECTIVE DATE THE DECISION OF THE GENERAL ACCOUNTING OFFICE OF APRIL 22, 1925, 4 COMP. GEN. 884, BEING AN ORIGINAL CONSTRUCTION OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1063, IS EFFECTIVE, NOT FROM THE DATE OF THE DECISION OR ANY DATE FIXED BY ADMINISTRATIVE ACTION, BUT FROM THE EFFECTIVE DATE OF THE STATUTE, VIZ, JANUARY 1, 1925.

DECISION BY ACTING COMPTROLLER GENERAL GINN, MAY 26, 1925:

IN THE AUDIT OF THE ACCOUNTS OF THE POSTMASTER AT OMAHA, NEBR., THERE IS FOR DECISION THE CORRECT COMPUTATION OF PAY FOR THE QUARTER ENDED MARCH 31, 1925, OF RURAL LETTER CARRIER WILLIAM E. PAYNE SERVING A TRIWEEKLY ROUTE 51.4 MILES IN LENGTH OUT OF OGALLALA, NEBR.

THE CARRIER WAS PAID FOR SAID QUARTER IN ACCORDANCE WITH THE FOLLOWING STATEMENT APPARENTLY UNDER THE CONSTRUCTION PLACED BY THE POST OFFICE DEPARTMENT ON SECTION 8 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1063, PROVIDING THE METHOD FOR COMPUTING THE SALARY OF RURAL LETTER CARRIERS FROM JANUARY 1, 1925: TABLE BASIC LUMP-SUM COMPENSATION AT --------------- --------------- $1,860.00 27 MILES (BEING DIFFERENCE BETWEEN 51 MILES AND 24 MILES), AT

$15 PER MILE ----------------------------------------------- 405.00

TOTAL ANNUAL RATE -------------------------------------- 2,265.00

--------- QUARTERLY RATE, LESS RETIREMENT DEDUCTIONS OF 2 1/2 PERCENT - 552.09 EQUIPMENT MAINTENANCE ALLOWANCE, 1/4 OF ANNUAL RATE OF

$312.12 (51 MILES TIMES .04 TIMES 153 DAYS) ---------------- 78.00

630.09

THE PROVISIONS OF SECTION 8 OF THE ACT OF FEBRUARY 28, 1925, AS AFFECTING RURAL LETTER CARRIERS SERVING TRIWEEKLY ROUTES, WERE CONSTRUED BY DECISION OF THIS OFFICE DATED APRIL 22, 1925, A-9027, 4 COMP. GEN. 884. WITH RESPECT TO THOSE CARRIERS SERVING TRIWEEKLY ROUTES, ONE-HALF THE LENGTH OF WHICH ARE IN EXCESS OF 24 MILES, IT WAS HELD:

IT WOULD BE ONLY IN CASE ONE-HALF THE ACTUAL MILEAGE OF THE TRIWEEKLY ROUTE EXCEEDED TWENTY-FOUR MILES THAT THE PROVISION FOR PAYING ADDITIONAL COMPENSATION FOR MILEAGE IN EXCESS OF TWENTY-FOUR IS FOR APPLICATION. FOR INSTANCE, IF A TRIWEEKLY ROUTE WERE SIXTY MILES IN LENGTH, THE CARRIER WOULD BE ENTITLED TO $1,800 PER ANNUM, WHICH IS THE LUMP-SUM RATE FIXED IN THE STATUTE FOR A TWENTY-FOUR-MILE ROUTE SERVED SIX DAYS IN THE WEEK OR A FORTY-EIGHT-MILE ROUTE SERVED THREE DAYS A WEEK, AND TO EQUIPMENT ALLOWANCE OF FOUR CENTS PER MILE ON THE BASIS OF A THIRTY-MILE ROUTE SERVED 306 DAYS PER YEAR, OR A SIXTY-MILE ROUTE SERVED 153 DAYS PER YEAR, OR $367.20, AND ALSO TO ADDITIONAL SALARY OF $15 PER MILE PER ANNUM FOR TWELVE (60-48) MILES, OR $180, A TOTAL OF $2,347.20 PER ANNUM.

THE CORRECT COMPUTATION OF THE SALARY OF WILLIAM E. PAYNE UNDER THE LAW IS AS FOLLOWS:

TABLE MAXIMUM BASIC LUMP-SUM COMPENSATION ------------------------ $1,800.00 3 MILES (BEING DIFFERENCE BETWEEN 51 MILES AND 48 MILES) AT

$15 PER MILE ---------------------------------------------- 45.00

TOTAL ANNUAL RATE ------------------------------------- 1,845.00

--------- QUARTERLY RATE LESS RETIREMENT DEDUCTIONS AT 2 1/2 PERCENT - 449.72 EQUIPMENT MAINTENANCE ALLOWANCE, 1/4 ANNUAL RATE OF $312.12

(51 MILES TIMES .04 TIMES 153 DAYS) ----------------------- 78.00

TOTAL QUARTERLY RATE ---------------------------------- 527.72

THE POST OFFICE DEPARTMENT HAS ISSUED ORDER NO. 106, DATED MAY 7, 1925, RESTATING SALARIES OF 635 RURAL CARRIERS IN ACCORDANCE WITH THE DECISION OF THIS OFFICE DATED APRIL 22, 1925, PROPOSING TO MAKE THE CHANGE EFFECTIVE FROM MAY 1, 1925. THE DECISION OF THIS OFFICE WAS AN ORIGINAL CONSTRUCTION OF THE ACT OF FEBRUARY 28, 1925, AND IS EFFECTIVE NOT FROM THE DATE OF THE DECISION NOR MAY 1, 1925, AS PROPOSED BY THE POSTMASTER GENERAL, BUT FROM THE EFFECTIVE DATE OF THE STATUTE CONSTRUED, VIZ, JANUARY 1, 1925.

WILLIAM E. PAYNE HAS BEEN OVERPAID FOR THE QUARTER ENDED MARCH 31, 1925, IN THE AMOUNT OF $102.27, WHICH MUST BE CHARGED AGAINST HIM AND IN THE ACCOUNTS OF THE PAYING POSTMASTER.