B-118378, FEBRUARY 11, 1954, 33 COMP. GEN. 353

B-118378: Feb 11, 1954

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PERSONS EMPLOYED OUTSIDE THE CONTINENTAL UNITED STATES WHOSE RATES OF BASIC COMPENSATION ARE FIXED BY STATUTE ARE ENTITLED TO PAYMENT OF SUCH ALLOWANCE PRESCRIBED FOR THE POST AT WHICH THEY ARE SERVING. 1954: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18. ARE BROAD ENOUGH TO PERMIT THE RECEIPT OF A COST-OF-LIVING ALLOWANCE ESTABLISHED BY THE CIVIL SERVICE COMMISSION FOR AN AREA (PURSUANT TO EXECUTIVE ORDER NO. 10000 ISSUED UNDER AUTHORITY OF THE SECTION). BY PERSONS FEDERALLY EMPLOYED IN THE AREA WHOSE BASIC RATES OF COMPENSATION ARE FIXED BY STATUTE AND WHO. WERE RESIDENTS THEREOF. IS AS FOLLOWS: ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE EXECUTIVE DEPARTMENTS. WHOLLY OWNED GOVERNMENT CORPORATIONS FOR THE PAYMENT OF SALARIES AND COMPENSATION TO PERSONS STATIONED OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA WHOSE RATES OF BASIC COMPENSATION ARE FIXED BY STATUTE.

B-118378, FEBRUARY 11, 1954, 33 COMP. GEN. 353

ALLOWANCES AND DIFFERENTIALS - COST-OF-LIVING ALLOWANCES - TERRITORIAL ALLOWANCE - NATIVES OR RESIDENTS OF PLACE OF EMPLOYMENT UNDER SECTION 207 OF THE INDEPENDENT OFFICE APPROPRIATION ACT, 1949, AS AMENDED, WHICH MAKES FUNDS AVAILABLE TO PAY COST-OF-LIVING ALLOWANCES TO PERSONS STATIONED OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, PERSONS EMPLOYED OUTSIDE THE CONTINENTAL UNITED STATES WHOSE RATES OF BASIC COMPENSATION ARE FIXED BY STATUTE ARE ENTITLED TO PAYMENT OF SUCH ALLOWANCE PRESCRIBED FOR THE POST AT WHICH THEY ARE SERVING, EVEN THOUGH RESIDENTS OF SUCH AREA AT TIME OF RECRUITMENT.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, FEBRUARY 11, 1954:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1954, REQUESTING A DECISION WHETHER SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, APPROVED APRIL 20, 1948, 62 STAT. 194, AS AMENDED BY SECTION 104 OF THE SUPPLEMENTAL INDEPENDENT OFFICES APPROPRIATION ACT, 1949, APPROVED JUNE 30, 1948, 62 STAT. 1205, AND THE REGULATIONS PROMULGATED THEREUNDER, ARE BROAD ENOUGH TO PERMIT THE RECEIPT OF A COST-OF-LIVING ALLOWANCE ESTABLISHED BY THE CIVIL SERVICE COMMISSION FOR AN AREA (PURSUANT TO EXECUTIVE ORDER NO. 10000 ISSUED UNDER AUTHORITY OF THE SECTION), BY PERSONS FEDERALLY EMPLOYED IN THE AREA WHOSE BASIC RATES OF COMPENSATION ARE FIXED BY STATUTE AND WHO, AT THE TIME OF RECRUITMENT, WERE RESIDENTS THEREOF.

SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED, 62 STAT. 1205, IS AS FOLLOWS:

ANY APPROPRIATIONS OR FUNDS AVAILABLE TO THE EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND WHOLLY OWNED GOVERNMENT CORPORATIONS FOR THE PAYMENT OF SALARIES AND COMPENSATION TO PERSONS STATIONED OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA WHOSE RATES OF BASIC COMPENSATION ARE FIXED BY STATUTE, SHALL BE AVAILABLE FOR THE PAYMENT OF ADDITIONAL COMPENSATION OF SUCH PERSONS, BASED ON LIVING COSTS SUBSTANTIALLY HIGHER THAN IN THE DISTRICT OF COLUMBIA, OR CONDITIONS OF ENVIRONMENT WHICH DIFFER SUBSTANTIALLY FROM CONDITIONS OF ENVIRONMENT IN THE STATES AND WARRANT ADDITIONAL COMPENSATION AS A RECRUITMENT INCENTIVE, OR BOTH SUCH FACTORS: PROVIDED, THAT SUCH ADDITIONAL COMPENSATION, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, SHALL BE PAID ONLY IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT ESTABLISHING RATES OF SUCH ADDITIONAL COMPENSATION AND DEFINING THE AREA, GROUPS OF POSITIONS, AND CLASSES OF PERSONS TO WHICH EACH SUCH RATE APPLIES: * * *

THE REGULATIONS PRESCRIBED BY PART II OF EXECUTIVE ORDER NO. 10000, SEPTEMBER 16, 1948, AND THE IMPLEMENTING REGULATIONS OF THE CIVIL SERVICE COMMISSION, PROVIDE THAT THE TERRITORIAL COST-OF-LIVING ALLOWANCE IS PAYABLE TO EACH EMPLOYEE WHOSE BASIC COMPENSATION IS FIXED BY STATUTE AND WHO IS SERVING AT A POST FOR WHICH SUCH AN ALLOWANCE HAS BEEN PRESCRIBED.

THE QUESTION PRESENTED AROSE PRIMARILY FROM THE USE IN THE STATUTE OF THE TERM "STATIONED" IN THE PHRASE "TO PERSONS STATIONED OUTSIDE THE CONTINENTAL UNITED STATES," THE PHRASE ORIGINALLY BEING "TO PERSONS EMPLOYED OUTSIDE THE CONTINENTAL UNITED STATES.'

WHILE THE ASSIGNMENT OF AN EMPLOYEE TO A POST OF DUTY MAY INVOLVE MOVEMENT ON HIS PART, THE TERM "STATIONED," IN ORDINARY USAGE, DOES NOT ENCOMPASS SUCH MOVEMENT BUT REFERS MERELY TO BEING ASSIGNED TO A POST OF DUTY. SEE WEBSTER'S NEW INTERNATIONAL DICTIONARY. CONSEQUENTLY, AND THE LEGISLATIVE HISTORY OF THE SECTION NOT WARRANTING THE ASCRIBING TO THE TERM "STATIONED" ANY SIGNIFICANCE OTHER THAN ITS USUAL MEANING-- ASSIGNED TO A POST OF DUTY--- IT IS CONCLUDED THAT LOCAL RESIDENTS ARE ENTITLED UNDER THE TERMS OF SECTION 207, AS AMENDED, AND THE CURRENT REGULATIONS TO PAYMENT OF THE COST-OF-LIVING ALLOWANCE PRESCRIBED FOR THE POST AT WHICH THEY ARE SERVING.