B-110453, JULY 10, 1952, 32 COMP. GEN. 17

B-110453: Jul 10, 1952

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IS AN ORIGINAL CONSTRUCTION OF THE ACT AND IS EFFECTIVE FROM THE EFFECTIVE DATE OF THE ACT. 1952: REFERENCE IS MADE TO YOUR LETTER OF JUNE 16. 725 PER ANNUM TO CONSTRUCTION AND MAINTENANCE ENGINEER CPC-7 AT THE IT IS STATED IN YOUR SUBMISSION THAT MR. LAUGHLIN WAS REASSIGNED OCTOBER 14. *25 PER ANNUM TO CONSTRUCTION AND MAINTENANCE ENGINEER CPC-7 AT THE SAME SALARY RATE WHICH WAS THE SEVENTH STEP OF THAT GRADE. WAS ENACTED. HIS SALARY RATE WAS ADMINISTRATIVELY INCREASED FROM $3. 735 BUT AS THE EMPLOYEE WAS NOT NOTIFIED THEREOF UNTIL JUNE 2. THE PAYROLL WAS PREPARED MAKING THE REDUCTION EFFECTIVE AS OF THAT DATE. THE EFFECTIVE DATE IN THIS CASE APPEARS TO HAVE BEEN JULY 8. LAUGHLIN WAS NOT ENTITLED TO MORE THAN THE RATE OF $3.

B-110453, JULY 10, 1952, 32 COMP. GEN. 17

COMPTROLLER GENERAL'S DECISIONS - EFFECTIVE DATE OF STATUTORY CONSTRUCTION - ORIGINAL CONSTRUCTION OF ACT OF OCTOBER 24, 1951 THE DECISION OF THE COMPTROLLER GENERAL IN 31 COMP. GEN. 320, RELATIVE TO THE COMPENSATION PAYABLE TO UNCLASSIFIED EMPLOYEES ASSIGNED TO CLASSIFIED POSITIONS DURING THE PERIOD COVERED BY THE RETROACTIVE COMPENSATION PROVISION OF THE INCREASED COMPENSATION AMENDMENT OF OCTOBER 24, 1951, TO THE CLASSIFICATION ACT OF 1949, IS AN ORIGINAL CONSTRUCTION OF THE ACT AND IS EFFECTIVE FROM THE EFFECTIVE DATE OF THE ACT, EVEN THOUGH THE EMPLOYEES RECEIVED DELAYED NOTICE OF THE DECISION AND THE REQUIREMENTS OF THE STATUTE.

ACTING COMPTROLLER GENERAL YATES TO JOHN T. STEWART, DEPARTMENT OF AGRICULTURE, JULY 10, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1952, YOUR REFERENCE A, DISBURSEMENT, R-5, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE PAYROLL VOUCHER THEREWITH TRANSMITTED IN FAVOR OF FRANCIS M. LAUGHLIN PROPOSING PAYMENT IN THE GROSS AMOUNT OF $149.60 COMPUTED AT THE RATE OF $4,035 PER ANNUM FROM MAY 25 TO 31, 1952, AND AT THE RATE OF $3,725 PER ANNUM TO CONSTRUCTION AND MAINTENANCE ENGINEER CPC-7 AT THE

IT IS STATED IN YOUR SUBMISSION THAT MR. LAUGHLIN WAS REASSIGNED OCTOBER 14, 1951, FROM THE POSITION OF EQUIPMENT OPERATOR UNALLOCATED AT $3,*25 PER ANNUM TO CONSTRUCTION AND MAINTENANCE ENGINEER CPC-7 AT THE SAME SALARY RATE WHICH WAS THE SEVENTH STEP OF THAT GRADE. WHEN THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201, 65 STAT. 615, WAS ENACTED, HIS SALARY RATE WAS ADMINISTRATIVELY INCREASED FROM $3,725 TO $4,035. IN ACCORDANCE WITH DECISION OF THIS OFFICE B-107070, JANUARY 22, 1952, AS CORRECTED FEBRUARY 26, 1952, HIS SALARY HAS BEEN REDUCED TO $3,735 BUT AS THE EMPLOYEE WAS NOT NOTIFIED THEREOF UNTIL JUNE 2, THE PAYROLL WAS PREPARED MAKING THE REDUCTION EFFECTIVE AS OF THAT DATE.

SECTION 6 (A) OF THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201, 65 STAT. 615, PROVIDES:

THIS ACT SHALL BECOME EFFECTIVE AS OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951.

THE EFFECTIVE DATE IN THIS CASE APPEARS TO HAVE BEEN JULY 8, 1951. ACCORDANCE WITH DECISION OF B-107070, 31 COMP. GEN. 320, MR. LAUGHLIN WAS NOT ENTITLED TO MORE THAN THE RATE OF $3,735 FROM THE DATE HE FIRST WAS ASSIGNED TO CPC-7; THEREFORE, THE PAYROLL VOUCHER SUBMITTED IS NOT CORRECT AND MAY NOT BE CERTIFIED FOR PAYMENT.

AS THE DECISION B-107070 WAS AN ORIGINAL CONSTRUCTION OF THE ACT OF OCTOBER 24, 1951, SO FAR AS PERTAINS TO THE QUESTION THEREIN CONSIDERED, IT IS EFFECTIVE FROM THE DATE OF THE ACT AND THE DELAYED NOTICE TO THE EMPLOYEE THEREOF AS WELL AS OF THE REQUIREMENTS OF THE STATUTE, IS NOT MATERIAL. ANY SALARY PAID TO MR. LAUGHLIN IN EXCESS OF $3,735 PER ANNUM SINCE OCTOBER 14, 1951, IS FOR REFUNDING BY HIM.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT IN ITS PRESENT FORM.