B-116347, AUGUST 7, 1953, 33 COMP. GEN. 70

B-116347: Aug 7, 1953

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WAS SUBSEQUENTLY APPOINTED TO SUCH POSITION IS TO BE CONSIDERED AS HAVING BEEN APPOINTED ON THE SAME DATE A LOWER ELIGIBLE WAS APPOINTED AND IS ENTITLED TO CREDIT FOR CONSTRUCTIVE SERVICE FOR LONGEVITY PAY PURPOSES UNDER SECTION 102 (A) OF THE ACT OF JUNE 20. 1953: REFERENCE IS MADE TO YOUR LETTER OF JULY 22. IT IS STATED THAT THE CIVIL SERVICE COMMISSION ON MARCH 3. HARP ON WHICH THE LOWER RANKING ELIGIBLE WAS APPOINTED. WAS JANUARY 7. HARP WAS APPOINTED PRIVATE IN THE POLICE DEPARTMENT APRIL 1. WAS CERTIFIED FOR PROBATIONAL APPOINTMENT TO SUCH POSITION. WAS GIVEN SUCH APPOINTMENT. * * * BE HELD TO HAVE BEEN APPOINTED TO SUCH POSITION AS OF THE EARLIEST DATE ON WHICH AN ELIGIBLE STANDING LOWER ON THE SAME LIST OF ELIGIBLES RECEIVED A PROBATIONAL APPOINTMENT THEREFROM. * * * SECTION 102 (A) OF THE ACT OF JUNE 20.

B-116347, AUGUST 7, 1953, 33 COMP. GEN. 70

DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1953 - LONGEVITY INCREASES - SERVICE CREDITS - APPOINTMENT LOST BECAUSE OF MILITARY SERVICE - SUBSEQUENT APPOINTMENT UNDER THE ACT OF JULY 31, 1946, A PERSON ON THE ELIGIBLE LIST FOR APPOINTMENT TO THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA WHO LOST OPPORTUNITY FOR APPOINTMENT BECAUSE OF MILITARY SERVICE DURING WORLD WAR II AND WHO, PURSUANT TO EXECUTIVE ORDER NO. 9538, WAS SUBSEQUENTLY APPOINTED TO SUCH POSITION IS TO BE CONSIDERED AS HAVING BEEN APPOINTED ON THE SAME DATE A LOWER ELIGIBLE WAS APPOINTED AND IS ENTITLED TO CREDIT FOR CONSTRUCTIVE SERVICE FOR LONGEVITY PAY PURPOSES UNDER SECTION 102 (A) OF THE ACT OF JUNE 20, 1953, TO THE SAME EXTENT AS THOUGH HE HAD ACTUALLY SERVED ON THE POLICE FORCE FROM THAT DATE.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, AUGUST 7, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JULY 22, 1953, REQUESTING DECISION WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, CREDIT MAY BE ALLOWED FOR THE PERIOD JANUARY 7, 1942, TO APRIL 1, 1947, IN THE COMPUTATION OF SERVICE FOR LONGEVITY PURPOSES IN THE CASE OF MR. WILLIE W. HARP, A PRIVATE IN THE METROPOLITAN POLICE FORCE.

IT IS STATED THAT THE CIVIL SERVICE COMMISSION ON MARCH 3, 1949, ADVISED THE MAJOR AND SUPERINTENDENT OF THE METROPOLITAN POLICE DEPARTMENT THAT THE EARLIEST DATE AFTER ENTRY INTO MILITARY SERVICE, OR FAILURE OF APPOINTMENT BECAUSE OF INDUCTION, OF MR. HARP ON WHICH THE LOWER RANKING ELIGIBLE WAS APPOINTED, WAS JANUARY 7, 1942. UPON SEPARATION FROM MILITARY SERVICE, MR. HARP WAS APPOINTED PRIVATE IN THE POLICE DEPARTMENT APRIL 1, 1947, WITH THE SALARY RATE DETERMINED AS THOUGH HE HAD BEEN APPOINTED JANUARY 7, 1942, OR $3,398.11 PER ANNUM--- BASED UPON COMPARISON WITH THE SALARY ATTAINED BY THE LOWER RANKING ELIGIBLE APPOINTED JANUARY 7, 1942--- PURSUANT TO SECTION 1 (A) OF THE ACT OF JULY 31, 1946, PUBLIC LAW 577, 60 STAT. 749, PROVIDING, IN PERTINENT PART, AS FOLLOWS:

THAT (A) ANY PERSON---

(1) WHOSE NAME APPEARED ON ANY LIST OF ELIGIBLES * * * (C) AT ANY TIME BETWEEN MAY 1, 1940, AND THE EFFECTIVE DATE OF THIS ACT, WITH RESPECT TO POSITIONS OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE OR OF THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA, AND OFFICERS AND MEMBERS OF THE UNITED STATES PARK POLICE AND THE WHITE HOUSE POLICE; AND

(2) WHO, PURSUANT TO EXECUTIVE ORDER NUMBERED 9538, DATED APRIL 13, 1945, OR REGULATIONS OF THE CIVIL SERVICE COMMISSION COVERING SIMILAR SITUATIONS IN WHICH AN ELIGIBLE LOST OPPORTUNITY FOR PROBATIONAL APPOINTMENT BECAUSE OF MILITARY SERVICE DURING WORLD WAR II, WAS CERTIFIED FOR PROBATIONAL APPOINTMENT TO SUCH POSITION, AND, SUBSEQUENTLY, WAS GIVEN SUCH APPOINTMENT, SHALL FOR THE PURPOSE OF (A) DETERMINING HIS RATE OF COMPENSATION, * * * BE HELD TO HAVE BEEN APPOINTED TO SUCH POSITION AS OF THE EARLIEST DATE ON WHICH AN ELIGIBLE STANDING LOWER ON THE SAME LIST OF ELIGIBLES RECEIVED A PROBATIONAL APPOINTMENT THEREFROM. * * *

SECTION 102 (A) OF THE ACT OF JUNE 20, 1953, 67 STAT. 72, PUBLIC LAW 74, PROVIDES:

THE ANNUAL BASIC SALARY OF EACH OFFICER AND MEMBER OF THE METROPOLITAN POLICE FORCE IN A GRADE ABOVE THAT OF PRIVATE, CLASS 3, EXCEPT THE CHIEF OF POLICE, SHALL BE INCREASED BY $120 AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING EACH FIVE-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE, INCLUDING SERVICE IN SUCH GRADE RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS ACT: PROVIDED, THAT IN COMPUTING SERVICE RENDERED PRIOR TO SUCH DATE BY ANY INDIVIDUAL IN THE GRADE OF PRIVATE, ONLY SERVICE IN SUCH GRADE IN EXCESS OF THREE YEARS SHALL BE CREDITABLE IN DETERMINING SUCH INCREASE OR INCREASES FOR ANY INDIVIDUAL ASSIGNED TO THE GRADE OF PRIVATE, CLASS 4, IN THE FOREGOING SALARY TABLE. * * *

IN VIEW OF THE ABOVE-QUOTED PROVISIONS OF SECTION 1 (A) OF THE ACT OF JULY 31, 1946, MR. HARP IS TO BE CONSIDERED AS HAVING BEEN APPOINTED JANUARY 7, 1942, THE SAME DATE THE LOWER ELIGIBLE WAS APPOINTED, AND IS ENTITLED TO CREDIT FOR THE CONSTRUCTIVE SERVICE COVERING THE PERIOD JANUARY 7, 1942 TO APRIL 1, 1947, FOR LONGEVITY PURPOSES UNDER SECTION 102 (A) OF THE ABOVE ACT OF JUNE 20, 1953, TO THE SAME EXTENT AS THOUGH HE ACTUALLY HAD SERVED IN THE POLICE FORCE SINCE JANUARY 7, 1942. CF. 29 COMP. GEN. 257, QUESTION AND ANSWER 6 (A) AT PAGE 264.