B-103935, JUNE 26, 1951, 30 COMP. GEN. 525

B-103935, JUNE 26, 1951, 30 COMP. GEN. 525

OFFICERS AND EMPLOYEES - HOLDING TWO POSITIONS - DUAL COMPENSATION ACT OF 1916 UNDER THE DUAL COMPENSATION ACT OF MAY 10, 1916, AS AMENDED, PROHIBITING THE USE OF APPROPRIATED FUNDS 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, THE AGGREGATE RATE OF COMPENSATION AND NOT THE TOTAL AMOUNT RECEIVED IN ANY PARTICULAR YEAR GOVERNS THE APPLICATION OF THE ACT, SO THAT A PERSON WHO IS IN RECEIPT OF TWO SALARIES COVERING THE SAME PERIOD OF TIME THE AGGREGATE RATE OF WHICH EXCEEDS THE SUM OF $2,000 PER ANNUM IS REQUIRED TO REFUND ONE OF THE SALARIES.

COMPTROLLER GENERAL WARREN TO STANLEY A. CLARK, JUNE 26, 1951:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 14 AND MARCH 30, 1951, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 26, 1950, WHICH FOUND YOU INDEBTED TO THE UNITED STATES IN THE SUM OF $403.07 AS A RESULT OF THE RECEIPT BY YOU OF TWO SALARIES COVERING THE SAME PERIOD OF TIME, ONE FROM THE VETERANS ADMINISTRATION AT THE RATE OF $1,140 PER ANNUM AND ONE FROM THE U.S. CAPITOL POLICE AT THE RATE OF $1,360 PER ANNUM, IN CONTRAVENTION OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582. YOU ALLEGE YOUR GOOD FAITH IN THIS MATTER, AND STATE THAT YOU MADE INQUIRY AT THE OFFICE OF THE SERGEANT AT ARMS, UNITED STATES SENATE, BEFORE ACCEPTING THE DUAL EMPLOYMENT, AND THAT YOU WERE ASSURED THE DUAL COMPENSATION STATUTE WOULD NOT APPLY UNLESS YOU RECEIVED A TOTAL OF $2,500 IN ANY PARTICULAR CALENDAR YEAR.

THE ACT OF JULY 31, 1894, 28 STAT. 205, PROHIBITS ANY PERSON HOLDING AN OFFICE UNDER THE FEDERAL GOVERNMENT WITH COMPENSATION OF $2,500 OR MORE FROM HOLDING ANY OTHER OFFICE WITH COMPENSATION ATTACHED. WHILE THAT ACT IS NOT APPLICABLE IN YOUR CASE, THERE IS FOR APPLICATION OF THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 5 U.S.C. 58, CITED IN THE SETTLEMENT, WHICH PROVIDES, QUOTING FROM THE CODE:

SEC. 58 DOUBLE SALARIES.

UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY 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.

IT IS THE AGGREGATE RATE OF COMPENSATION AND NOT THE TOTAL AMOUNT RECEIVED IN ANY PARTICULAR YEAR WHICH GOVERNS THE APPLICATION OF THE ACT OF MAY 10, 1916, AS AMENDED. AS THE COMBINED RATES OF SALARY IN YOUR CASE EXCEED $2,000 PER ANNUM, IT BECOMES NECESSARY FOR YOU TO REFUND ONE OF THE TWO SALARIES RECEIVED. IT IS REGRETTED THAT YOU MAY HAVE BEEN ERRONEOUSLY INFORMED WITH RESPECT TO THIS MATTER BUT SUCH FACT DOES NOT JUSTIFY ANY FAILURE TO APPLY THE MANDATORY PROVISIONS OF THE APPLICABLE LAW. I AM POWERLESS TO WAIVE THAT STATUTE. UPON REVIEW, THEREFORE, THE SETTLEMENT MUST BE AND IS SUSTAINED.

IF YOU ARE UNABLE TO REFUND THE AMOUNT OF THE INDEBTEDNESS IN ONE SUM, IT IS POSSIBLE TO ARRANGE FOR YOUR LIQUIDATION OF THE DEBT IN MONTHLY INSTALLMENTS EXTENDING OVER A PERIOD GENERALLY OF NOT MORE THAN ONE YEAR. IN ORDER TO AVOID THE INSTITUTION OF MORE FORMAL COLLECTION PROCEEDINGS IT IS REQUESTED THAT WITHIN THE NEXT 30 DAYS, YOU INDICATE YOUR INTENTION AS TO WHETHER LIQUIDATION IS TO BE BY INSTALLMENTS OR BY A LUMP-SUM ACCOMPANIED BY APPROPRIATE REMITTANCE, IN EITHER EVENT, TO THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C. ..END :