B-128813, AUGUST 10, 1956, 36 COMP. GEN. 112

B-128813: Aug 10, 1956

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IS NOT PRECLUDED BY REASON OF THE INSERTION OF THE FIGURE (3) IN SECTION 106 (C) OF THE FEDERAL EXECUTIVE PAY ACT OF 1956. IS FIXED AT $18. ANNUAL BASIC COMPENSATION AT A RATE WHICH IS $500 MORE THAN THE ANNUAL RATE OF BASIC COMPENSATION PRESCRIBED BY THIS TITLE FOR THE OTHER MEMBERS OF SUCH BOARD OR COMMISSION. THERE IS NO OTHER PROVISION IN THE ACT SPECIFICALLY PROVIDING A DIFFERENT SALARY FOR THE CHIEF COMMISSIONER. YOUR SALARY AS CHIEF COMMISSIONER IS FIXED AT $18.

B-128813, AUGUST 10, 1956, 36 COMP. GEN. 112

COMPENSATION - FEDERAL EXECUTIVE PAY ACT OF 1956 - CHIEF COMMISSIONER OF THE INDIAN CLAIMS COMMISSION THE CHIEF COMMISSIONER OF THE INDIAN CLAIMS COMMISSION, WHICH INCLUDES TWO OTHER COMMISSIONERS, IS NOT PRECLUDED BY REASON OF THE INSERTION OF THE FIGURE (3) IN SECTION 106 (C) OF THE FEDERAL EXECUTIVE PAY ACT OF 1956, FIXING THE SALARY FOR INDIAN CLAIMS COMMISSIONERS AT $18,000 PER YEAR, FROM RECEIVING THE $500 A YEAR ADDITIONAL COMPENSATION FOR THE HEAD OF EACH COMMISSION AS PRESCRIBED IN SECTION 108.

TO THE CHIEF COMMISSIONER, INDIAN CLAIMS COMMISSION, AUGUST 10, 1956:

YOUR LETTER OF AUGUST 1, 1956, AS SUPPLEMENTED BY YOUR LETTER OF AUGUST 2, REQUESTS OUR DECISION AS TO WHETHER YOUR COMPENSATION UNDER THE FEDERAL EXECUTIVE PAY ACT OF 1956, PUBLIC LAW 854, 70 STAT. 736, IS FIXED AT $18,000 OR $18,500.

SECTIONS 106 (C) AND 108 OF PUBLIC LAW 854, 5 U.S.C. 2205 (C) AND 2207 PROVIDE AS FOLLOWS:

(C) THE ANNUAL RATE OF BASIC COMPENSATION OF EACH OF THE OFFICES OR POSITIONS LISTED IN THIS SUBSECTION SHALL BE $18,000 PER ANNUM.

(1) COMMISSIONER OF THE INDIAN CLAIMS COMMISSION (3).

SEC. 108. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE, THE CHAIRMAN OR OTHER HEAD OF EACH INDEPENDENT BOARD OR COMMISSION IN THE EXECUTIVE BRANCH SHALL RECEIVE, DURING THE PERIOD OF HIS SERVICE AS CHAIRMAN OR OTHER HEAD OF SUCH BOARD OR COMMISSION, ANNUAL BASIC COMPENSATION AT A RATE WHICH IS $500 MORE THAN THE ANNUAL RATE OF BASIC COMPENSATION PRESCRIBED BY THIS TITLE FOR THE OTHER MEMBERS OF SUCH BOARD OR COMMISSION.

THERE IS NO OTHER PROVISION IN THE ACT SPECIFICALLY PROVIDING A DIFFERENT SALARY FOR THE CHIEF COMMISSIONER, INDIAN CLAIMS COMMISSION.

SECTION 3 (A) OF THE INDIAN CLAIMS COMMISSION ACT, APPROVED AUGUST 13, 1946, 60 STAT. 1050, 25 U.S.C. 70B, PROVIDES THAT THE COMMISSION SHALL CONSIST OF A CHIEF COMMISSIONER AND TWO ASSOCIATE COMMISSIONERS WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.

IN VIEW OF THE FOREGOING STATUTORY PROVISIONS AND AS WE AGREE WITH YOUR VIEW THAT THE FIGURE (3) IN SUBSECTION (C) OF SECTION 106 DOES NOT OPERATE TO DENY TO YOU THE BENEFIT OF SECTION 108, YOUR SALARY AS CHIEF COMMISSIONER IS FIXED AT $18,500, EFFECTIVE AT THE BEGINNING OF THE FIRST PAY PERIOD COMMENCING AFTER JUNE 30, 1956. SEE SECTION 120 OF PUBLIC LAW 854.