B-126840, MAR. 30, 1956

B-126840: Mar 30, 1956

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WHEREIN IT WAS FOUND THAT YOU WERE NOT ENTITLED TO RETROACTIVE COMPENSATION UNDER PUBLIC LAW 201. ONLY ONE EXCEPTION IS MADE. AS IT APPEARS THAT YOU WERE SEPARATED FROM FEDERAL SERVICE ON OCTOBER 4. IS SUSTAINED.

B-126840, MAR. 30, 1956

TO MR. HAROLD G. LONDON:

YOUR RECENT LETTER REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF JULY 29, 1952, WHEREIN IT WAS FOUND THAT YOU WERE NOT ENTITLED TO RETROACTIVE COMPENSATION UNDER PUBLIC LAW 201, APPROVED OCTOBER 24, 1951, 65 STAT. 612, INCIDENT TO YOUR FORMER EMPLOYMENT WITH THE DEPARTMENT OF THE NAVY.

SUBSECTION 6/B) OF PUBLIC LAW 201 PROVIDES:

"/B) RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID UNDER THIS ACT ONLY IN THE CASE OF AN INDIVIDUAL IN THE SERVICE OF THE UNITED STATES (INCLUDING SERVICE IN THE ARMED FORCES OF THE UNITED STATES) OR OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THAT SUCH RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID A RETIRED OFFICER OR EMPLOYEE FOR SERVICES RENDERED DURING THE PERIOD BEGINNING WITH THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951, AND ENDING WITH THE DATE OF HIS RETIREMENT.'

THE SUBSECTION CLEARLY SETS FORTH THE CONGRESSIONAL INTENT AS TO THE INDIVIDUALS WHO SHALL RECEIVE RETROACTIVE COMPENSATION UNDER THE ACT. SPECIFICALLY LIMITS SUCH PAYMENTS TO THOSE INDIVIDUALS IN FEDERAL SERVICE ON THE DATE OF ENACTMENT OF PUBLIC LAW 201, OCTOBER 24, 1951. ONLY ONE EXCEPTION IS MADE--- NOT PERTINENT HEREIN--- NAMELY, THAT OF THE RETIRED EMPLOYEES.

AS IT APPEARS THAT YOU WERE SEPARATED FROM FEDERAL SERVICE ON OCTOBER 4, 1951, PRIOR TO THE ENACTMENT OF PUBLIC LAW 201, THE PROVISIONS OF SUBSECTION 6/B) PRECLUDE FAVORABLE ACTION UPON YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF JULY 29, 1952, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.