B-107116, JANUARY 9, 1952, 31 COMP. GEN. 262

B-107116: Jan 9, 1952

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PROVIDING THAT RETROACTIVE COMPENSATION SHALL BE PAID ONLY IN THE CASE OF AN INDIVIDUAL WHO IS IN THE SERVICE OF THE UNITED STATES ON THE DATE OF ENACTMENT OF THE ACT. 1952: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21. WHEREIN THE AMOUNT OF $191.11 WAS FOUND DUE YOUR SON. THE AMOUNT DUE WAS COMPUTED UPON THE BASIS OF THE RATE OF COMPENSATION IN EFFECT ON AUGUST 17. WHILE THE SAID ACT IS RETROACTIVELY EFFECTIVE TO JULY 1. PROVIDES THAT RETROACTIVE COMPENSATION SHALL BE PAID UNDER THE ACT ONLY IN THE CASE OF AN INDIVIDUAL WHO IS IN THE SERVICE OF THE UNITED STATES ON THE DATE OF ENACTMENT OF THE ACT. THE RETROACTIVE INCREASED RATE AUTHORIZED BY PUBLIC LAW 204 IS NOT FOR APPLICATION TO THE DECEDENT WHOSE DEATH ON AUGUST 17 WAS PRIOR TO THE DATE OF ENACTMENT ON OCTOBER 24.

B-107116, JANUARY 9, 1952, 31 COMP. GEN. 262

COMPENSATION - INCREASES UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED - EMPLOYEES DYING PRIOR TO ENACTMENT DATE UNDER THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949, PROVIDING THAT RETROACTIVE COMPENSATION SHALL BE PAID ONLY IN THE CASE OF AN INDIVIDUAL WHO IS IN THE SERVICE OF THE UNITED STATES ON THE DATE OF ENACTMENT OF THE ACT, THE COMPENSATION DUE AN EMPLOYEE WHO DIED BETWEEN THE EFFECTIVE DATE OF THE AMENDMENT AND THE DATE OF ITS ENACTMENT MAY NOT BE COMPUTED IN ACCORDANCE WITH THE INCREASED COMPENSATION RATES AUTHORIZED BY SAID AMENDMENT.

COMPTROLLER GENERAL WARREN TO CHARLES WEINBERG, JANUARY 9, 1952:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21, 1951, REQUESTING RECONSIDERATION OF SETTLEMENT OF NOVEMBER 14, 1951, WHEREIN THE AMOUNT OF $191.11 WAS FOUND DUE YOUR SON, MORRIS WEINBERG NO. 2, DECEASED FORMER SUBSTITUTE CLERK IN THE POST OFFICE AT NEW YORK, NEW YORK. THE AMOUNT DUE WAS COMPUTED UPON THE BASIS OF THE RATE OF COMPENSATION IN EFFECT ON AUGUST 17, 1951, THE DATE OF HIS DEATH. HOWEVER, YOU ALLEGE THAT THE COMPENSATION SHOULD BE COMPUTED UPON THE INCREASED RATE OF COMPENSATION AUTHORIZED BY THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 204, 65 STAT. 622, 634.

WHILE THE SAID ACT IS RETROACTIVELY EFFECTIVE TO JULY 1, 1951, SECTION 23 (B) THEREOF, 65 STAT. 633, PROVIDES THAT RETROACTIVE COMPENSATION SHALL BE PAID UNDER THE ACT ONLY IN THE CASE OF AN INDIVIDUAL WHO IS IN THE SERVICE OF THE UNITED STATES ON THE DATE OF ENACTMENT OF THE ACT, OCTOBER 24, 1951. ACCORDINGLY, THE RETROACTIVE INCREASED RATE AUTHORIZED BY PUBLIC LAW 204 IS NOT FOR APPLICATION TO THE DECEDENT WHOSE DEATH ON AUGUST 17 WAS PRIOR TO THE DATE OF ENACTMENT ON OCTOBER 24. THE COMPENSATION DUE PROPERLY WAS COMPUTED UPON THE BASIS OF THE RATE IN EFFECT ON AUGUST 17, 1951.