B-111557, SEPTEMBER 8, 1952, 32 COMP. GEN. 129

B-111557: Sep 8, 1952

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WHICH PROVIDES THAT THE INCREASE IN COMPENSATION FOR EMPLOYEES HOLDING POSITIONS FOR WHICH THE COMPENSATION IS EXPRESSLY ESTABLISHED BY LAW SHALL "HEREAFTER" BE EQUAL TO THE RATE PAYABLE FOR SUCH GRADE UNDER THE CLASSIFICATION ACT OF 1949. THE COMPENSATION OF THE COMMISSIONER OF NARCOTICS WHICH IS FIXED BY LAW MAY BE INCREASED ONLY ON AND AFTER JUNE 5. 1952: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22. 000 IS THE EQUIVALENT TO THE RATE FIXED IN THE CLASSIFICATION ACT OF OCTOBER 21. THAT SUCH PAY INCREASES MAY BE MADE RETROACTIVELY EFFECTIVE ON THE SAME BASIS AS IF THEY HAD BEEN AUTHORIZED BY SAID LAW: * * * AND (2) IN THE CASE OF ANY OTHER POSITION FOR WHICH COMPENSATION IS EXPRESSLY ESTABLISHED BY LAW AT A RATE EQUAL TO THE RATE PAYABLE PRIOR TO THE ENACTMENT OF PUBLIC LAW 201.

B-111557, SEPTEMBER 8, 1952, 32 COMP. GEN. 129

COMPENSATION - INCREASES - HEADS OF DEPARTMENTS AND ESTABLISHMENTS - COMMISSIONER OF NARCOTICS UNDER THE ACT OF JUNE 5, 1952, WHICH PROVIDES THAT THE INCREASE IN COMPENSATION FOR EMPLOYEES HOLDING POSITIONS FOR WHICH THE COMPENSATION IS EXPRESSLY ESTABLISHED BY LAW SHALL "HEREAFTER" BE EQUAL TO THE RATE PAYABLE FOR SUCH GRADE UNDER THE CLASSIFICATION ACT OF 1949, THE COMPENSATION OF THE COMMISSIONER OF NARCOTICS WHICH IS FIXED BY LAW MAY BE INCREASED ONLY ON AND AFTER JUNE 5, 1952, THE EFFECTIVE DATE OF THE 1952 ACT.

COMPTROLLER GENERAL WARREN TO G. W. CUNNINGHAM, TREASURY DEPARTMENT, SEPTEMBER 8, 1952:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22, 1952, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE PAYROLL VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT TO HARRY J. ANSLINGER, COMMISSIONER OF NARCOTICS, IN THE GROSS AMOUNT OF $732.67 REPRESENTING RETROACTIVE INCREASE IN COMPENSATION FROM JULY 8, 1951 TO JUNE 4, 1952.

SECTION 6 (A) OF THE ACT OF OCTOBER 15, 1949, 63 STAT. 881, PROVIDES "THE RATE OF BASIC COMPENSATION OF THE * * * COMMISSIONER OF NARCOTICS * * * SHALL BE $14,000 PER ANNUM.' $14,000 IS THE EQUIVALENT TO THE RATE FIXED IN THE CLASSIFICATION ACT OF OCTOBER 21, 1949, FOR GS-18. THE ACT OF JUNE 5, 1952, PUBLIC LAW 375, 66 STAT. 120-121 PROVIDES SO FAR AS HERE PERTINENT:

APPROPRIATIONS OR OTHER FUNDS MADE AVAILABLE BY THIS OR ANY OTHER ACT FOR PERSONAL SERVICES DURING THE FISCAL YEAR 1952 SHALL BE AVAILABLE FOR PAY INCREASES, COMPARABLE TO THOSE PROVIDED BY PUBLIC LAW 201, APPROVED OCTOBER 24, 1951, GRANTED BY ADMINISTRATIVE ACTION PURSUANT TO LAW; PROVIDED, THAT SUCH PAY INCREASES MAY BE MADE RETROACTIVELY EFFECTIVE ON THE SAME BASIS AS IF THEY HAD BEEN AUTHORIZED BY SAID LAW: * * * AND (2) IN THE CASE OF ANY OTHER POSITION FOR WHICH COMPENSATION IS EXPRESSLY ESTABLISHED BY LAW AT A RATE EQUAL TO THE RATE PAYABLE PRIOR TO THE ENACTMENT OF PUBLIC LAW 201, EIGHTY-SECOND CONGRESS, UNDER THE HIGHEST GRADE OF THE CLASSIFICATION ACT OF 1949, THE RATE OF COMPENSATION SHALL HEREAFTER BE EQUAL TO THE RATE PAYABLE FOR SUCH GRADE UNDER SAID PUBLIC LAW 201. (ITALICS SUPPLIED.)

AS THE SALARY OF THE COMMISSIONER OF NARCOTICS IS NOT SUBJECT TO ADMINISTRATIVE INCREASE, THE INCREASE GRANTED BY THE ABOVE ACT OF JUNE 5, 1952, FOR PERSONS COMING WITHIN CATEGORY NO. (2), SUCH AS IN THE INSTANT CASE, CAN BE MADE EFFECTIVE ONLY "HEREAFTER," THAT IS, ON AND AFTER JUNE 5, 1952. 1 COMP. GEN. 57. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH VOUCHER WILL BE RETAINED IN THE FILES OF THIS OFFICE, IS NOT AUTHORIZED.