B-125788, NOV. 9, 1955

B-125788: Nov 9, 1955

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IS ENTITLED TO A RETROACTIVE SALARY INCREASE PURSUANT TO THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1955. RIDDELL WAS EMPLOYED BY THE TAX COURT AS AN ATTORNEY-ADVISER FROM MAY 1952 THROUGH MAY 17. RIDDELL WAS IN THE EMPLOY OF THE COMMITTEE ON JUNE 28. THE DATE THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1955 WAS ENACTED. THE FOLLOWING PROVISIONS OF THE ACT OF 1955 ARE PERTINENT TO THIS INQUIRY: "SEC. 2. (B) (1) IF THE OFFICER OR EMPLOYEE IS RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AT ONE OF THE SCHEDULED OR LONGEVITY RATES OF A GRADE IN THE GENERAL SCHEDULE * * * OF THE CLASSIFICATION ACT OF 1949. THE EFFECT OF THE ABOVE-QUOTED PROVISIONS OF THE ACT IS TO GRANT RETROACTIVELY THE PRESCRIBED INCREASE IN COMPENSATION FOR ANY EMPLOYMENT BETWEEN THE EFFECTIVE DATE AND THE DATE OF ENACTMENT IN A POSITION COVERED BY THE ACT PROVIDED THE EMPLOYEE WAS IN THE EMPLOY OF THE UNITED STATES IN ANY CAPACITY ON THE DATE OF ENACTMENT.

B-125788, NOV. 9, 1955

TO HONORABLE J. EDGAR MURDOCK, CHIEF JUDGE, THE TAX COURT OF THE UNITED STATES:

THE LETTER OF OCTOBER 13, 1955, FROM THE FISCAL OFFICER OF THE TAX COURT OF THE UNITED STATES REQUESTS OUR DECISION WHETHER J. W. RIDDELL, A FORMER EMPLOYEE OF YOUR COURT, IS ENTITLED TO A RETROACTIVE SALARY INCREASE PURSUANT TO THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1955, 69 STAT. 172.

THE LETTER STATES THAT MR. RIDDELL WAS EMPLOYED BY THE TAX COURT AS AN ATTORNEY-ADVISER FROM MAY 1952 THROUGH MAY 17, 1955, WHEN HE RESIGNED TO ACCEPT EMPLOYMENT WITH A COMMITTEE OF CONGRESS. THE LETTER FURTHER STATES THAT MR. RIDDELL WAS IN THE EMPLOY OF THE COMMITTEE ON JUNE 28, 1955, THE DATE THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1955 WAS ENACTED. MR. RIDDELL ALREADY HAS BEEN PAID A LUMP SUM FOR THE ANNUAL LEAVE HE HAD ACCRUED AT THE TIME OF HIS RESIGNATION FROM THE TAX COURT.

THE FOLLOWING PROVISIONS OF THE ACT OF 1955 ARE PERTINENT TO THIS INQUIRY:

"SEC. 2. (B) (1) IF THE OFFICER OR EMPLOYEE IS RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AT ONE OF THE SCHEDULED OR LONGEVITY RATES OF A GRADE IN THE GENERAL SCHEDULE * * * OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, HE SHALL RECEIVE A RATE OF BASIC COMPENSATION AT THE CORRESPONDING SCHEDULED OR LONGEVITY RATE IN EFFECT ON AND AFTER SUCH DATE;

"SEC. 10. (A) RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID BY REASON OF THIS ACT ONLY IN THE CASE OF AN INDIVIDUAL IN THE SERVICE OF THE UNITED STATES.

"SEC. 13. (A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION, THIS ACT SHALL TAKE EFFECT AS OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER FEBRUARY 28, 1955.

"/B) THIS SECTION AND SECTIONS 8, 10, 11, AND 12 SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS ACT.'

THE EFFECT OF THE ABOVE-QUOTED PROVISIONS OF THE ACT IS TO GRANT RETROACTIVELY THE PRESCRIBED INCREASE IN COMPENSATION FOR ANY EMPLOYMENT BETWEEN THE EFFECTIVE DATE AND THE DATE OF ENACTMENT IN A POSITION COVERED BY THE ACT PROVIDED THE EMPLOYEE WAS IN THE EMPLOY OF THE UNITED STATES IN ANY CAPACITY ON THE DATE OF ENACTMENT. SEE DECISION, 31 COMP. GEN. 166, WHICH INTERPRETS A SUBSTANTIALLY IDENTICAL RETROACTIVE PROVISION CONTAINED IN THE ACT OF OCTOBER 24, 1951, 65 STAT. 615. THE TAX COURT MAY, THEREFORE, PAY TO MR. RIDDELL THE SALARY INCREASE FOR THE PERIOD BEGINNING ON THE FIRST DAY OF THE FIRST PAY PERIOD AFTER FEBRUARY 28, 1955, AND ENDING AT THE CLOSE OF BUSINESS ON MAY 7, 1955. 31COMP. GEN. 166. ADDITIONALLY, MR. RIDDELL IS ENTITLED TO A RECOMPUTATION OF HIS LUMP-SUM ANNUAL LEAVE PAYMENT IN ACCORDANCE WITH THE COMPENSATION SCHEDULE PRESCRIBED BY THE ACT OF 1955. SEE 31 COMP. GEN. 199.