B-139924, NOV. 21, 1960

B-139924: Nov 21, 1960

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AS FOLLOWS: "THAT (1) THE POSTMASTER GENERAL IS AUTHORIZED AND DIRECTED TO PAY. A SUM EQUAL TO THE AMOUNT HE WOULD HAVE RECEIVED AS COMPENSATION HAD HE CONTINUED IN HIS EMPLOYMENT AT THE SAME RATE OF COMPENSATION. THE DATE ON WHICH HE WAS RESTORED TO SUCH EMPLOYMENT AS A RESULT OF ACTION BY THE CIVIL SERVICE COMMISSION REVERSING SUCH ORDER. TO HAVE PERFORMED SERVICE DURING SUCH PERIOD.'. CALDWELL WAS SUSPENDED. ACTUALLY HE WAS SUSPENDED ON OCTOBER 10. APRIL 2 WAS THE DATE THAT HE WAS SEPARATED FOLLOWING THE PERIOD OF SUSPENSION. WHICH IS PRINTED IN SENATE REPORT NO. 1376 DATED MAY 17. AS ONE OVER WHICH THE AMOUNT PAYABLE IS TO BE COMPUTED. CALDWELL WOULD HAVE THE OPTION OF MAKING CONTRIBUTION TO THE RETIREMENT FUND COVERING SERVICE BETWEEN APRIL 2.

B-139924, NOV. 21, 1960

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, POST OFFICE DEPARTMENT:

ON NOVEMBER 4, 1960, YOU SUBMITTED FOR OUR CONSIDERATION AND APPROVAL A PAYROLL VOUCHER IN FAVOR OF MR. GEORGE K. CALDWELL, FOR THE AMOUNT DUE HIM UNDER PRIVATE LAW 86-407, WHICH READS, IN PART, AS FOLLOWS:

"THAT (1) THE POSTMASTER GENERAL IS AUTHORIZED AND DIRECTED TO PAY, OUT OF ANY MONEY AVAILABLE FOR THE PAYMENT OF SALARIES OF EMPLOYEES IN THE POSTAL FIELD SERVICE, TO GEORGE K. CALDWELL, OF 10421 WEST COLD WATER ROAD, FLUSHING, MICHIGAN, A SUM EQUAL TO THE AMOUNT HE WOULD HAVE RECEIVED AS COMPENSATION HAD HE CONTINUED IN HIS EMPLOYMENT AT THE SAME RATE OF COMPENSATION, LESS ANY AMOUNTS RECEIVED BY HIM THROUGH OTHER EMPLOYMENT, AS A CAREER SUBSTITUTE CARRIER IN THE POSTAL FIELD SERVICE FROM APRIL 2, 1957, THE DATE OF HIS SUSPENSION FROM SUCH EMPLOYMENT PURSUANT TO ORDER OF THE SEVENTH U.S. CIVIL SERVICE REGION TO NOVEMBER 13, 1958, THE DATE ON WHICH HE WAS RESTORED TO SUCH EMPLOYMENT AS A RESULT OF ACTION BY THE CIVIL SERVICE COMMISSION REVERSING SUCH ORDER, AND (2) THE SAID GEORGE K. CALDWELL SHALL BE CONSIDERED FOR ALL PURPOSES, EXCEPT THE ACCUMULATION OF LEAVE, TO HAVE PERFORMED SERVICE DURING SUCH PERIOD.'

WHILE THE ACT JUST QUOTED REFERS TO APRIL 2, 1957, AS THE DATE MR. CALDWELL WAS SUSPENDED, ACTUALLY HE WAS SUSPENDED ON OCTOBER 10, 1956. APRIL 2 WAS THE DATE THAT HE WAS SEPARATED FOLLOWING THE PERIOD OF SUSPENSION. WE CONSIDER, AS YOU DO, HOWEVER, THAT THE PRIVATE ACT SHOULD BE INTERPRETED TO AUTHORIZE RETROACTIVE PAY ONLY FROM APRIL 2, 1957--- NOT FROM OCTOBER 10, 1956. IN THAT CONNECTION THE REPORT OF THE CIVIL SERVICE COMMISSION OF APRIL 22, 1950 (1960), WHICH IS PRINTED IN SENATE REPORT NO. 1376 DATED MAY 17, 1960, AND HOUSE REPORT NO. 1898 DATED JUNE 17, 1960, CLEARLY POINTS OUT THAT THE BILL "WOULD PLACE MR. CALDWELL IN THE POSITION OF HAVING PERFORMED SERVICE FROM APRIL 3, 1957, THE DATE AFTER HIS SEPARATION AS SHOWN BY RECORDS SUBMITTED TO USBY THE POST OFFICE DEPARTMENT, THROUGH NOVEMBER 12, 1958, THE DAY BEFORE HIS RESTORATION.' IN OTHER PLACES THE COMMITTEE REPORTS AS WELL AS THE ACT ITSELF SPECIFICALLY REFER TO THE PERIOD APRIL 2, 1957 TO NOVEMBER 13, 1958, AS ONE OVER WHICH THE AMOUNT PAYABLE IS TO BE COMPUTED. UNDER THE CIRCUMSTANCES WE WOULD NOT BE WARRANTED IN APPROVING PAYMENT UNDER PRIVATE LAW 86-407, COVERING ANY PRIOR PERIOD.

IN VIEW OF THE STATEMENT IN THE LETTER OF THE CIVIL SERVICE COMMISSION PRINTED IN THE TWO REPORTS TO THE EFFECT THAT MR. CALDWELL WOULD HAVE THE OPTION OF MAKING CONTRIBUTION TO THE RETIREMENT FUND COVERING SERVICE BETWEEN APRIL 2, 1957, AND NOVEMBER 13, 1958, OR IN LIEU THEREOF HAVING HIS ANNUITY REDUCED, WE WOULD HAVE NO OBJECTION IN THIS CASE TO YOUR NOT DEDUCTING THE $545.36 FROM THE AMOUNT DUE MR. CALDWELL UNDER THE PRIVATE LAW UNLESS AND UNTIL HE AGREES TO SUCH DEDUCTION.

WE HAVE BEEN INFORMED BY THE DEPARTMENT OF JUSTICE THAT JUDGMENT WAS ENTERED AGAINST MR. CALDWELL ON AUGUST 5, 1957, IN A SUIT FILED AGAINST HIM BY REASON OF HIS DEFAULT UNDER A VETERANS ADMINISTRATION LOAN. JUDGMENT WAS AWARDED FOR THE PRINCIPAL INDEBTEDNESS OF $1,682.03, PLUS COURT COSTS IN THE AMOUNT OF $55, AND INTEREST ON THE PRINCIPAL AMOUNT AT THE RATE OF 4 PERCENT PER ANNUM UNTIL PAID. THE TOTAL INTEREST ACCUMULATED FROM DATE OF DEFAULT THROUGH NOVEMBER 30, 1960, IS $715.82. THAT AMOUNT PLUS THE $55 COURT COSTS, WHEN ADDED TO THE PRINCIPAL INDEBTEDNESS OF $1,682.03, PRODUCES A TOTAL INDEBTEDNESS OF $2,452.85. THAT INDEBTEDNESS SHOULD BE DEDUCTED FROM THE AMOUNT OTHERWISE PAYABLE TO MR. CALDWELL UNDER PRIVATE LAW 86-407.