B-150643, FEBRUARY 15, 1963, 42 COMP. GEN. 418

B-150643: Feb 15, 1963

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ARE ENTITLED TO RECEIVE WITHOUT MAKING APPLICATION THEREFOR AN INCREASE IN RETIREMENT COMPENSATION WITH RESPECT TO EACH INCREASE IN SALARY GRANTED BY LAW TO WHICH THEY WOULD HAVE BEEN ENTITLED HAD THEY REMAINED IN THE ACTIVE SERVICE. ARE ENTITLED TO HAVE THEIR RETIREMENT COMPENSATION COMPUTED UPON THE SPECIALLY ADJUSTED RATES PRESCRIBED BY THE ACT FOR ACTIVE DUTY PERSONNEL. IN VIEW OF THE FACT THAT HAD THEY BEEN IN THE SERVICE ON THE EFFECTIVE DATE OF THE 1962 ACT IN THE POSITIONS THEY HELD IMMEDIATELY PRIOR TO RETIREMENT THEIR ACTIVE DUTY PAY WOULD HAVE BEEN INCREASED IN ACCORDANCE WITH SUCH SPECIAL ADJUSTMENT PROVISIONS. WITH 13 YEARS OF SERVICE WHO IS RECEIVING AN ANNUITY BASED ON THE COMPENSATION OF CLASS 1.

B-150643, FEBRUARY 15, 1963, 42 COMP. GEN. 418

DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - AUTHORITY. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - ADJUSTMENT - RATE BASES. DISTRICT OF COLUMBIA - FIREMEN AND POLICEMEN - RETIREMENT - ANNUITIES - SERVICE CREDITS RETIRED OFFICERS AND EMPLOYEES OF THE DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT AND THE METROPOLITAN FIRE DEPARTMENT WHO UNDER THE AUTHORITY OF SECTION 301 OF THE ACT OF JUNE 20, 1953, ARE ENTITLED TO RECEIVE WITHOUT MAKING APPLICATION THEREFOR AN INCREASE IN RETIREMENT COMPENSATION WITH RESPECT TO EACH INCREASE IN SALARY GRANTED BY LAW TO WHICH THEY WOULD HAVE BEEN ENTITLED HAD THEY REMAINED IN THE ACTIVE SERVICE, IF RETIRED FROM A POSITION IN ONE OF THE CATEGORIES TO WHICH THE SPECIAL PAY PROVISIONS OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882) APPLY, ARE ENTITLED TO HAVE THEIR RETIREMENT COMPENSATION COMPUTED UPON THE SPECIALLY ADJUSTED RATES PRESCRIBED BY THE ACT FOR ACTIVE DUTY PERSONNEL, IN VIEW OF THE FACT THAT HAD THEY BEEN IN THE SERVICE ON THE EFFECTIVE DATE OF THE 1962 ACT IN THE POSITIONS THEY HELD IMMEDIATELY PRIOR TO RETIREMENT THEIR ACTIVE DUTY PAY WOULD HAVE BEEN INCREASED IN ACCORDANCE WITH SUCH SPECIAL ADJUSTMENT PROVISIONS. A PRIVATE IN THE DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT RETIRED ON DECEMBER 1, 1954, WITH 13 YEARS OF SERVICE WHO IS RECEIVING AN ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SERVICE STEP 6, IS ENTITLED TO HAVE HIS RETIREMENT COMPENSATION BASED ON CLASS 1, LONGEVITY STEP 7, IN ACCORDANCE WITH THE SALARY INCREASE PROVIDED UNDER SECTION 2 (A) (1) OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882), FOR A PRIVATE IN THE ACTIVE SERVICE WHO IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE ACT WAS SERVING IN STEP 6, CLASS 1, AND HAD A TOTAL OF 13 YEARS OR MORE OF SERVICE AS OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JANUARY 1, 1958, IN VIEW OF SECTION 301 OF THE ACT OF JUNE 20, 1953, AUTHORIZING INCREASES IN THE RETIREMENT COMPENSATION OF MEMBERS WHO HAD THEY REMAINED IN THE ACTIVE SERVICE WOULD HAVE BEEN ENTITLED TO SALARY INCREASES GRANTED BY LAW; HOWEVER, WHEN THE 13 YEARS OF SERVICE IS NOT COMPLETED AS REQUIRED BY SECTION 2 (A) (1), THE RETIREMENT COMPENSATION SHOULD BE BASED ON THE NEW PAY OF CLASS 1, SERVICE STEP 6. MEMBERS OF THE METROPOLITAN POLICE FORCE AND FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA WHO RETIRED FROM THE POSITION OF STATION CLERK AND ARE RECEIVING AN ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SUBCLASS (B), SERVICE STEP 6, ARE ENTITLED TO AN INCREASE IN RETIREMENT COMPENSATION, PURSUANT TO SECTION 301 OF THE ACT OF JUNE 20, 1953, WHICH AUTHORIZES INCREASES IN THE RETIREMENT COMPENSATION OF MEMBERS WHO HAD THEY REMAINED IN THE ACTIVE SERVICE WOULD RECEIVE THE INCREASES GRANTED BY LAW, AND, THEREFORE, THEY ARE ENTITLED TO HAVE THEIR RETIREMENT COMPENSATION BASED ON CLASS 1, SUBCLASS (C), SERVICE STEP 6, IN ACCORDANCE WITH SECTION 2 (A) (2) OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882), WHICH PRESCRIBES THAT STATION CLERKS SERVING IN CLASS 1, SUBCLASS (B), IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE ACT SHALL BE PLACED IN A CORRESPONDING TITLE AND COMPENSATION STEP IN SUBCLASS (C). A PRIVATE RETIRED FORM THE POSITION OF DETECTIVE WHO IS RECEIVING A RETIREMENT ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SUBCLASS (C), LONGEVITY STEP 7, AND IS ENTITLED UNDER SECTION 301 OF THE ACT OF JUNE 30, 1953, TO AN INCREASE IN RETIREMENT COMPENSATION WHENEVER SALARY INCREASES ARE GRANTED BY LAW TO ACTIVE SERVICE PERSONNEL, AS IF HE HAD REMAINED IN THE ACTIVE SERVICE, UPON ENACTMENT OF PUBLIC LAW 87-882, OCTOBER 24, 1962, PROVIDING COMPENSATION INCREASES FOR ACTIVE DUTY PERSONNEL, IS ENTITLED TO HAVE HIS RETIREMENT ANNUITY BASED ON THE NEW PAY OF CLASS 3, SERVICE STEP 4, PROVIDED BY SECTION 2 (A) (3) OF THE ACT, AND ANY DETECTIVE OR PRECINCT DETECTIVE WHO IS COVERED UNDER SECTION 2 (A) (3) IS ENTITLED TO A RETIREMENT COMPENSATION ADJUSTMENT IN ACCORDANCE WITH THE SCHEDULE SHOWN IN THE SECTION, AS IF HE WERE STILL IN THE ACTIVE SERVICE. IN ADJUSTING RETIREMENT COMPENSATION AS REQUIRED BY SECTION 301 OF THE ACT OF JUNE 20, 1953, A DETECTIVE SERGEANT WHOSE RETIREMENT ANNUITY IS BASED ON THE COMPENSATION OF CLASS 1, SUBCLASS (E), LONGEVITY STEP 8, SHOULD HAVE HIS RETIREMENT ANNUITY BASED ON THE NEW PAY OF CLASS 4, SUBCLASS (B), LONGEVITY STEP 8, IN ACCORDANCE WITH SECTION 2 (A) (4) OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882), WHICH PROVIDES SALARY INCREASES FOR ACTIVE DUTY PERSONNEL SERVING AS DETECTIVE SERGEANTS, SECTION 301 OF THE 1953 ACT AUTHORIZING INCREASES IN RETIREMENT COMPENSATION WHEN SALARY INCREASES ARE GRANTED BY LAW, AS THOUGH THE RETIREES HAD REMAINED IN THE ACTIVE SERVICE, AND ANY OTHER RETIRED DETECTIVE SERGEANTS SHOULD BE GIVEN SIMILAR TREATMENT IN ACCORDANCE WITH THE SCHEDULE SHOWN UNDER SECTION 2 (A) (4). IN VIEW OF THE FACT THAT THE RANK OF CORPORAL IN THE DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT WAS AUTOMATICALLY CHANGED TO THE RANK OF SERGEANT BY THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87 882), PROVIDING SALARY INCREASES FOR ACTIVE SERVICE PERSONNEL, A MEMBER OF THE DEPARTMENT RETIRED FROM THE POSITION OF CORPORAL AND RECEIVING AN ANNUITY BASED ON CLASS 3, SUBCLASS (A), LONGEVITY STEP 7, IS ENTITLED TO AN ANNUITY BASED ON THE NEW PAY OF CLASS 4, SUBCLASS (A), SERVICE STEP 4, PROVIDED BY SECTION 2 (A) (5) OF THE ACT FOR CORPORALS IN THE ACTIVE SERVICE CHANGED TO SERGEANTS, AS SECTION 301 OF THE ACT OF JUNE 20, 1953, AUTHORIZES ADJUSTMENT OF RETIREMENT COMPENSATION FOR RETIREES WHO HAD THEY REMAINED IN THE SERVICE WOULD HAVE BEEN ENTITLED TO SALARY INCREASES GRANTED BY LAW TO ACTIVE DUTY PERSONNEL, AND THOSE RETIRED CORPORALS ASSIGNED AS MOTORCYCLE OFFICERS TO CLASS 3, SUBCLASS (A), SHOULD BE ACCORDED SIMILAR TREATMENT AND ADVANCED TO CLASS 4, SUBCLASS (C), IN ACCORDANCE WITH THE SCHEDULE IN SECTION 2 (A) (5). IN THE ADJUSTMENT OF RETIREMENT COMPENSATION AUTHORIZED UNDER SECTION 301 OF THE ACT OF JUNE 20, 1953, FOR RETIREES WHO IF THEY HAD REMAINED IN THE ACTIVE SERVICE WOULD HAVE BEEN ENTITLED TO THE SALARY INCREASES GRANTED BY LAW TO ACTIVE DUTY PERSONNEL, BOTH A SERGEANT WHO AT THE TIME OF HIS RETIREMENT ON JUNE 1, 1953, HAD BEEN IN THAT RANK ONLY ONE MONTH AND IS RECEIVING A RETIREMENT ANNUITY BASED ON CLASS 4, SUBCLASS (A), SERVICE STEP 1, AND A SERGEANT RETIRED ON JUNE 1, 1957, WITH 11 YEARS OF SERVICE IN THAT RANK, AND RECEIVING AN ANNUITY BASED ON CLASS 4, SUBCLASS (A), LONGEVITY STEP 8, ARE ENTITLED TO RECEIVE ANNUITIES BASED ON THE NEW PAY OF CLASS 4, LONGEVITY STEP 9, PROVIDED BY SECTION 2 (A) (6) OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87 882), FOR ACTIVE DUTY PERSONNEL. A RETIRED SERGEANT WHO WAS PROMOTED TO THAT RANK ON JUNE 1, 1957, AND IS RECEIVING A RETIREMENT ANNUITY BASED ON CLASS 4, SERVICE STEP 4, IN THE ADJUSTMENT OF HIS RETIREMENT COMPENSATION WHICH IS AUTHORIZED BY SECTION 301 OF THE ACT OF JUNE 20, 1953, FOR RETIREES WHO IF THEY HAD REMAINED IN THE ACTIVE SERVICE WOULD RECEIVE THE COMPENSATION INCREASES PROVIDED BY LAW FOR ACTIVE DUTY PERSONNEL, IS ENTITLED TO RECEIVE A RETIREMENT ANNUITY BASED ON THE NEW PAY OF CLASS 4, LONGEVITY STEP 8, ESTABLISHED UNDER THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882), FOR ACTIVE DUTY PERSONNEL, SECTION 2 (A) (6) OF THE ACT PROVIDING THAT A SERGEANT IF IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE ACT WAS SERVING IN LONGEVITY STEP 7, OR SERVICE STEP 4, OR ANY LOWER STEP, SHALL BE ADVANCED TO THE SECOND HIGHER SCHEDULED STEP IN CLASS 4, ABOVE THE STEP IN WHICH HE WAS SERVING. IN VIEW OF THE FACT THAT A SERGEANT PROMOTED AFTER THE EFFECTIVE DATE--- THE FIRST PAY PERIOD COMMENCING AFTER JANUARY 1, 1958--- OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, IS ENTITLED TO RECEIVE THE NEXT HIGHER SCHEDULED STEP IN CLASS 4 UNDER SECTION 2 (A) (6) OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882), PROVIDING SALARY INCREASES AND ADJUSTMENTS, A MEMBER PROMOTED TO THE RANK OF SERGEANT ON FEBRUARY 1, 1958, AND RETIRED FROM THAT RANK WHO IS RECEIVING A RETIREMENT ANNUITY BASED ON THE SALARY OF CLASS 4, LONGEVITY STEP 8, IS ENTITLED TO HAVE HIS ANNUITY BASED ON THE NEW PAY OF CLASS 4, LONGEVITY STEP 9, IN ACCORDANCE WITH SECTION 2 (A) (6) OF THE 1962 ACT, SECTION 301 OF THE ACT OF JUNE 20, 1953, AUTHORIZING THE ADJUSTMENT OF RETIREMENT COMPENSATION FOR RETIREES WHO HAD THEY CONTINUED IN ACTIVE SERVICE WOULD BE ENTITLED TO SALARY INCREASES GRANTED BY LAW. RETIRED OFFICERS AND EMPLOYEES OF THE DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT AND THE METROPOLITAN FIRE DEPARTMENT WHO UNDER SECTION 301 OF THE ACT OF JUNE 20, 1953, ARE ENTITLED TO AN ADJUSTMENT IN THEIR RETIREMENT COMPENSATION ON THE BASIS THAT HAD THEY REMAINED IN THE ACTIVE SERVICE THEY WOULD HAVE BEEN ELIGIBLE TO SALARY INCREASES GRANTED BY LAW, ARE ENTITLED TO HAVE THEIR RETIREMENT COMPENSATION WHICH IS BASED ON LONGEVITY STEP 9 IN CLASSES 5 THROUGH 10, BASED ON LONGEVITY STEP 8, CLASSES 5 THROUGH 10, IN ACCORDANCE WITH THE ADJUSTMENT IN COMPENSATION PROVIDED UNDER SECTION 2 (A) (7) OF THE ACT OF OCTOBER 24, 1962 (PUBLIC LAW 87-882), FOR ACTIVE OFFICERS AND MEMBERS. IN VIEW OF THE PROVISIONS IN THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, APPROVED AUGUST 1, 1958, PUBLIC LAW 85 584, FOR CREDITING SERVICE, OTHER THAN THAT CREDITED IN THE INITIAL ADJUSTMENT UNDER THE ACT, TOWARD LONGEVITY AND STEP INCREASES, AN INDIVIDUAL WHO RETIRED AFTER THE EFFECTIVE DATE OF THE ACT IS ENTITLED TO HAVE HIS RETIREMENT COMPENSATION COMPUTED UPON THE BASIS OF THE SERVICE, NOT OTHERWISE CREDITED IN THE INITIAL SALARY ADJUSTMENT, RENDERED PRIOR TO THE EFFECTIVE DATE OF THE ACT TO THE EXTENT THAT THE SERVICE IS AUTHORIZED TO BE CREDITED UNDER SECTIONS 303 (STEP INCREASES) AND 401 (LONGEVITY INCREASES); HOWEVER, ANY OFFICER OR MEMBER WHO RETIRED PRIOR TO THE EFFECTIVE DATE OF THE ACT IS NOT ENTITLED TO ANY SERVICE CREDIT UNDER SECTIONS 303 OR 401, EXCEPT FOR THE ACTIVE SERVICE PERFORMED AFTER THE EFFECTIVE DATE OF THE ACT.

TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, FEBRUARY 15, 1963:

YOUR LETTER OF JANUARY 16, 1963, REQUESTS OUR DECISION CONCERNING THE CORRECT BASES FOR ADJUSTING THE RETIREMENT COMPENSATION OF CERTAIN RETIRED OFFICERS AND EMPLOYEES OF THE METROPOLITAN POLICE DEPARTMENT AND THE METROPOLITAN FIRE DEPARTMENT UNDER SECTION 301 OF THE ACT OF JUNE 20, 1953, 67 STAT. 75, 4 D.C. CODE 518, BECAUSE OF THE COMPENSATION INCREASES ENACTED FOR ACTIVE DUTY PERSONNEL BY PUBLIC LAW 87-882, 76 STAT. 1239, 4 D.C. CODE 823.

SECTION 301 IS AS FOLLOWS:

NOTWITHSTANDING SECTION 6 OF THE ACT ENTITLED "AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE AND FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA," APPROVED JULY 1, 1930 (46 STAT. 841, CH. 783, D.C. CODE, 1951 EDITION, SEC. 4-505), EACH INDIVIDUAL HERETOFORE OR HEREAFTER RETIRED FROM ACTIVE SERVICE AND ENTITLED TO RECEIVE A PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION UNDER THE PROVISIONS OF SECTION 12 OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND SEVENTEEN, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER 1, 1916 (39 STAT. 676), AS AMENDED, SHALL BE ENTITLED TO RECEIVE, WITHOUT MAKING APPLICATION THEREFOR, WITH RESPECT TO EACH INCREASE IN SALARY GRANTED BY THIS ACT, OR HEREAFTER GRANTED BY LAW TO WHICH SUCH INDIVIDUAL WOULD BE ENTITLED IF HE WERE IN ACTIVE SERVICE, AN INCREASE IN HIS PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION. SUCH INCREASE SHALL BE IN AN AMOUNT WHICH BEARS THE SAME RATIO TO SUCH INCREASE IN SALARY AS THE AMOUNT OF EACH SUCH INDIVIDUAL'S PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION IN EFFECT ON THE DAY NEXT PRECEDING SUCH SALARY INCREASE BORE TO THE SALARY TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE BEEN IN ACTIVE SERVICE ON THE DAY NEXT PRECEDING SUCH SALARY INCREASE. EACH INCREASE IN PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION UNDER THIS TITLE RESULTING FROM AN INCREASE IN SALARY SHALL TAKE EFFECT AS OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF SUCH INCREASE IN SALARY.

AS POINTED OUT IN YOUR LETTER, PUBLIC LAW 87-882 DOES MORE THAN MERELY PROVIDE A GENERAL SALARY RATE INCREASE FOR ACTIVE PERSONNEL OF THE METROPOLITAN POLICE AND FIRE DEPARTMENTS. THE PURPOSES OF THAT LAW AS EXPLAINED ON PAGE 1 OF S.REPT. NO. 2214, SEPTEMBER 29, 1962, ARE SET FORTH IN YOUR LETTER AS FOLLOWS:

THE PRINCIPAL PURPOSES OF THE BILL ARE (1) TO PROVIDE AN INCREASE IN THE SALARIES OF POLICEMEN AND FIREMEN, (2) TO MORE ADEQUATELY PROVIDE FOR THE RECOGNITION OF THE ASSIGNED RESPONSIBILITIES OF CERTAIN OFFICERS AND MEMBERS OF THE SEVERAL POLICE FORCES AND FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA, (3) TO PROVIDE A ONE-STEP ADVANCEMENT FOR PRIVATES WITH LONG YEARS OF SERVICE TO MORE NEARLY EQUALIZE SUCH SERVICE WITH THE TIME REQUIRED FOR NEWLY APPOINTED PRIVATES TO REACH THE TOP, (4) TO ELIMINATE THE RANK OF CORPORAL, AND (5) TO PERMIT BETTER PAY ALINEMENT AMONG MEMBERS.

A SIMILAR STATEMENT OF THE PURPOSES OF LAW APPEARS ON PAGE 2 OF H.REPT. NO. 2537 OF OCTOBER 4, 1962.

PUBLIC LAW 87-882 IN ADDITION TO REVISING UPWARD THE ENTIRE PAY SCALE OF ACTIVE PERSONNEL OF THE METROPOLITAN POLICE AND FIRE DEPARTMENTS PROVIDES SPECIAL COMPENSATION ADJUSTMENT BENEFITS FOR CERTAIN CLASSES OF ACTIVE PERSONNEL IN ORDER TO REMOVE INEQUITIES, ESTABLISH PROPER PAY ALINEMENT, AND ADJUST COMPENSATION RATES TO CONFORM WITH DUTIES AND RESPONSIBILITIES.

THE BASIC QUESTION WHICH IS COMMON TO ALL OF THE EXAMPLES SET FORTH IN YOUR LETTER CONCERNING WHICH YOU ASK FOR SPECIFIC ADVICE AS TO THE PROPER ADJUSTMENTS TO BE MADE IS WHETHER THE INCREASED RATES PAYABLE TO THOSE CLASSES OF ACTIVE PERSONNEL BENEFITING UNDER THE SPECIAL ADJUSTMENT PROVISIONS OF PUBLIC LAW 87-882 PROPERLY MAY BE USED AS A BASIS FOR THE ADJUSTMENT OF THE RETIREMENT COMPENSATION OF A MEMBER WHO PREVIOUSLY HAD RETIRED FROM A POSITION IN ONE OF THE CATEGORIES TO WHICH A SPECIAL PAY ADJUSTMENT PROVISION APPLIES.

OUR OPINION IS THAT THIS BASIC QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE SINCE THE SPECIFIC LANGUAGE OF SECTION 301 OF THE ACT OF JUNE 20, 1953, QUOTED ABOVE, IS TO THE EFFECT THAT EACH INDIVIDUAL ENTITLED TO RECEIVE RETIREMENT COMPENSATION "SHALL BE ENTITLED TO RECEIVE, WITHOUT MAKING APPLICATION THEREFOR," AN INCREASE IN HIS RETIREMENT COMPENSATION "WITH RESPECT TO EACH INCREASE IN SALARY * * * HEREAFTER GRANTED BY LAW TO WHICH SUCH INDIVIDUAL WOULD BE ENTITLED IF HE WERE IN ACTIVE SERVICE.' THE INDIVIDUALS TO WHOM YOUR SUBMISSION APPLIES WERE IN THE SERVICE ON THE EFFECTIVE DATE OF PUBLIC LAW 87-882 IN THE POSITIONS THEY HELD IMMEDIATELY PRIOR TO THEIR RETIREMENT, THEIR ACTIVE DUTY PAY WOULD HAVE BEEN INCREASED IN ACCORDANCE WITH THE SPECIAL ADJUSTMENT PROVISIONS OF THAT LAW. THUS, SECTION 301 OF THE ACT OF JUNE 20, 1953, WOULD ENTITLE THEM TO HAVE THEIR RETIREMENT COMPENSATION COMPUTED UPON THE SPECIALLY ADJUSTED RATES PRESCRIBED BY PUBLIC LAW 87-882 WHICH WOULD HAVE BEEN APPLICABLE TO THEM IF THEY HAD BEEN IN ACTIVE SERVICE ON THE EFFECTIVE DATE OF THAT LAW--- PUBLIC LAW 87-882.

THE PRINCIPLE STATED ABOVE APPLIES EQUALLY TO EACH OF THE QUESTIONS PRESENTED IN THE VARIOUS EXAMPLES SET FORTH IN YOUR LETTER. FOR CONVENIENCE THE SPECIFIC EXAMPLES ARE RESTATED AND THE QUESTIONS APPEARING IN EACH ARE ANSWERED AS FOLLOWS:

EXAMPLE 1. PRIVATE A HAD BEEN A PRIVATE IN THE METROPOLITAN POLICE DEPARTMENT AND HAD 13 YEARS SERVICE AT TIME OF RETIREMENT AS OF DECEMBER 1, 1954. HE IS NOW RECEIVING AN ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SERVICE STEP 6. HE WAS ALREADY IN A RETIRED STATUS ON THE FIRST PAY PERIOD WHICH BEGAN AFTER JANUARY 1, 1958. SHOULD HIS RETIREMENT BE BASED ON THE SALARY OF CLASS 1, LONGEVITY STEP 7 AND THUS RECEIVE THE BENEFIT OF THE ADVANCEMENT OF THE ADDITIONAL STEP EVEN THOUGH HE IS IN A RETIRED STATUS, OR SHOULD HIS ANNUITY BE BASED ON THE NEW PAY OF CLASS 1, STEP ?

SECTION 2 (A) (1) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (1), PROVIDES IN PART THAT:

EACH PRIVATE WHO IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT WAS SERVING IN SERVICE STEP 6 * * * IN ANY SUBCLASS IN CLASS 1, AND HAD A TOTAL OF THIRTEEN OR MORE YEARS OF SERVICE AS OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JANUARY 1, 1958, SHALL, ON THE EFFECTIVE DATE OF THIS ACT, BE ADVANCED FROM SERVICE STEP 6 TO LONGEVITY STEP 7 * * *

IN VIEW OF THE SPECIFIC LANGUAGE IN SECTION 2 (A) (1), QUOTED ABOVE, THE PRIVATE CONCERNED IN THIS EXAMPLE SHOULD HAVE HIS RETIREMENT COMPENSATION BASED UPON THE SALARY OF CLASS 1, LONGEVITY STEP 7 RATHER THAN CLASS 1, STEP 6.

EXAMPLE 2. PRIVATE B HAD BEEN A PRIVATE IN THE METROPOLITAN POLICE DEPARTMENT AND HAD 13 YEARS SERVICE AT TIME OF RETIREMENT AS OF FEBRUARY 1, 1958. HE IS NOW RECEIVING AN ANNUITY BASED ON CLASS 1, SERVICE STEP 6. PRIVATE B DID NOT HAVE 13 YEARS SERVICE AS OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JANUARY 1, 1958. SHOULD HIS RETIREMENT ANNUITY BE BASED ON THE NEW PAY OF CLASS 1, SERVICE STEP 6.

SINCE PRIVATE B DID NOT HAVE 13 YEARS' SERVICE AS OF THE FIRST PAY PERIOD BEGINNING AFTER JANUARY 1, 1958, HE WOULD NOT HAVE BEEN ENTITLED TO ADVANCEMENT UNDER SECTION 2 (A) (1), ABOVE, TO LONGEVITY STEP 7 HAD HE BEEN ON ACTIVE DUTY ON THE EFFECTIVE DATE OF PUBLIC LAW 87 882. HENCE, HIS RETIREMENT COMPENSATION SHOULD BE BASED UPON THE PAY PRESCRIBED BY LAW FOR CLASS 1, SERVICE STEP 6.

EXAMPLE 3. PRIVATE C RETIRED FROM THE POSITION BEARING THE TITLE OF STATION CLERK AND IS NOW RECEIVING AN ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SUBCLASS (B), SERVICE STEP 6. SHOULD HIS RETIREMENT ANNUITY BE BASED ON THE NEW PAY OF CLASS 1, SUB-CLASS (C), SERVICE STEP 6?

SECTION 2 (A) (2) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (2), PROVIDES THAT EACH PRIVATE WHO IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT WAS SERVING IN A POSITION BEARING THE TITLE OF STATION CLERK IN CLASS 1, SUBCLASS (B), SHALL BE PLACED IN THE CORRESPONDING TITLE IN CLASS 1, SUBCLASS (C) AND SHALL RECEIVE BASIC COMPENSATION AT THE SERVICE STEP OR LONGEVITY STEP IN SUBCLASS (C) CORRESPONDING TO THAT SERVICE STEP OR LONGEVITY STEP IN WHICH HE WAS SERVING IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT. IN VIEW OF THE SPECIFIC LANGUAGE OF THIS STATUTORY PROVISION (SECTION 2 (A) (2) (, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE.

EXAMPLE 4. PRIVATE D WAS RETIRED FROM THE POSITION BEARING THE TITLE OF DETECTIVE AND IS RECEIVING RETIREMENT ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SUB-CLASS (C), LONGEVITY STEP 7.SHOULD HIS RETIREMENT ANNUITY BE BASED ON THE NEW PAY OF CLASS 3, SERVICE STEP 4?

IT IS ALSO PLANNED TO PLACE ANY DETECTIVE OR PRECINCT DETECTIVE THAT IS COVERED UNDER SECTION 2 (A) (3) IN ACCORDANCE WITH THE SCHEDULE SHOWN THEREIN AS IF HE WERE STILL IN THE ACTIVE SERVICE.

SECTION 2 (A) (3) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (3), PROVIDES THAT EACH PRIVATE WHO IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT WAS SERVING IN A POSITION BEARING THE TITLE OF DETECTIVE OR PRECINCT DETECTIVE IN CLASS 1, SUBCLASS (C) OR SUBCLASS (D), SHALL ON THE EFFECTIVE DATE OF THIS ACT, AFTER THE APPLICATION OF THE PROVISIONS OF PARAGRAPH (1) OF SUBSECTION (A) OF THIS SECTION, BE PLACED IN AND RECEIVE BASIC COMPENSATION AT A SCHEDULED RATE IN CLASS 3, WITH THE TITLE OF DETECTIVE AS FOLLOWS:

CHART

FROM--- TO---

DETECTIVE, CLASS 1, SUBCLASS (C): DETECTIVE, CLASS 3:

LONGEVITY STEP 7 SERVICE STEP 4.

BECAUSE OF THE SPECIFIC PROVISIONS IN SUBSECTION 2 (A) (3), QUOTED ABOVE, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE. THE ACTION CONTEMPLATED IN THE SECOND PARAGRAPH OF THIS EXAMPLE IS CORRECT.

EXAMPLE 5. DETECTIVE SERGEANT E RETIRED FROM THE POSITION OF DETECTIVE SERGEANT AND IS RECEIVING RETIREMENT ANNUITY BASED ON THE COMPENSATION OF CLASS 1, SUB-CLASS (E), LONGEVITY STEP 8. SHOULD HIS RETIREMENT ANNUITY BE BASED ON THE NEW PAY OF CLASS 4, SUB-CLASS (B), LONGEVITY STEP 8? ANY OTHER DETECTIVE SERGEANTS WHO ARE RETIRED WILL BE GIVEN SIMILAR TREATMENT IN ACCORDANCE WITH THE SCHEDULE SHOWN IN PUBLIC LAW 87-882 UNDER SECTION 2 (A) (4).

SECTION 2 (A) (4) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (4), ALSO SPECIFICALLY PROVIDES THAT A DETECTIVE SERGEANT IN CLASS 1, SUBSECTION (3), LONGEVITY STEP 8, WOULD BE PLACED UNDER THE NEW SCHEDULE ESTABLISHED BY THAT ACT IN CLASS 4, SUBCLASS (B), LONGEVITY STEP 8. THEREFORE, THE SPECIFIC QUESTION ASKED IN THIS EXAMPLE IS ANSWERED IN THE AFFIRMATIVE AND THE OTHER ACTION INDICATED IN SUCH EXAMPLE ALSO IS CORRECT.

EXAMPLE 6. CORPORAL F IS RETIRED FROM THE POSITION OF CORPORAL AND IS RECEIVING AN ANNUITY BASED ON CLASS 3, SUB-CLASS (A), LONGEVITY STEP 7. SHOULD HIS RETIREMENT ANNUITY BE BASED ON THE NEW PAY OF CLASS 4, SUB- CLASS (A), SERVICE STEP 4, SINCE UNDER THE PROVISIONS OF PUBLIC LAW 87-882 THE RANK OF CORPORAL IS ELIMINATED. EACH OF THE EMPLOYEES OF THE POLICE DEPARTMENT WHO RETIRED AS CORPORALS WILL THUS AUTOMATICALLY BE CHANGED TO THE RANK OF SERGEANT. SHOULD ANY OTHER RETIRED CORPORAL OR CORPORAL ASSIGNED AS MOTORCYCLE OFFICER BE GIVEN SIMILAR TREATMENT IN ACCORDANCE WITH THE SCHEDULE SHOWN IN SECTION 2 (A) (5/?

SECTION 2 (A) (5) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (5), PROVIDES FOR THE ELIMINATION OF THE RANK OF CORPORAL AND FOR THE REPLACING OF OFFICERS OCCUPYING SUCH RANK IMMEDIATELY BEFORE THE EFFECTIVE DATE OF PUBLIC LAW 87-882 IN THE RANK OF SERGEANT, CLASS 4, SUBCLASS (A), AND THOSE CORPORALS WHO IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE WHO WERE ASSIGNED AS MOTORCYCLE OFFICERS WOULD BE PLACED IN CLASS 4, SUBCLASS (C) IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN THE SECTION. THAT SUBSECTION SPECIFICALLY PROVIDES THAT A CORPORAL FORMERLY RECEIVING THE PAY OF CLASS 3, SUBCLASS (A), LONGEVITY STEP 7, SHOULD THEREAFTER RECEIVE THE PAY OF SERGEANT, CLASS 4, SUBCLASS (A), SERVICE STEP 4. THE TWO QUESTIONS YOU PRESENTED IN THE EXAMPLE ARE ANSWERED IN THE AFFIRMATIVE.

EXAMPLE 7. SERGEANT G RETIRED FROM THE POSITION OF SERGEANT ON JUNE 1, 1953 AND WAS IN THAT RANK ONLY FOR ONE MONTH AT TIME OF RETIREMENT. HE IS NOW RECEIVING A RETIREMENT ANNUITY BASED ON CLASS 4, SUB-CLASS (A), SERVICE STEP 1. UNDER THE PROVISIONS OF THE ACT SHOULD HE BE ADVANCED SO AS TO RECEIVE A RETIREMENT ANNUITY BASED ON THE NEW PAY OF CLASS 4, LONGEVITY STEP 9?

SERGEANT H WAS RETIRED FROM THE POSITION OF SERGEANT ON JUNE 1, 1957 AND WAS IN THAT RANK 11 YEARS AT TIME OF RETIREMENT. HE IS NOW RECEIVING A RETIREMENT ANNUITY BASED ON CLASS 4, SUB-CLASS (A), LONGEVITY STEP 8. SHOULD HE BE ADVANCED SO AS TO RECEIVE A RETIREMENT ANNUITY BASED ON THE NEW PAY OF CLASS 4, LONGEVITY STEP 9 AND THUS RECEIVE THE SAME RETIREMENT ANNUITY AS SERGEANT G? SERGEANT I WAS PROMOTED TO SERGEANT ON JUNE 1, 1957 AND RETIRED SUBSEQUENTLY FROM THAT RANK. HE IS NOW RECEIVING A RETIREMENT ANNUITY BASED ON CLASS 4, SERVICE STEP 6. SHOULD HE BE ADVANCED SO AS TO RECEIVE A RETIREMENT ANNUITY BASED ON THE NEW PAY OF CLASS 4, SERVICE STEP 6?

SERGEANT J WAS PROMOTED TO SERGEANT ON FEBRUARY 1, 1958 AND RETIRED SUBSEQUENTLY FROM THAT RANK. HE IS RECEIVING RETIREMENT ANNUITY BASED ON SALARY OF CLASS 4, LONGEVITY STEP 8. SHOULD HIS RETIREMENT ANNUITY NOW BE BASED ON THE NEW PAY OF CLASS 4, LONGEVITY STEP 9?

SECTION 2 (A) (6) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (6), IS IN PART AS FOLLOWS:

EACH OFFICER OR MEMBER WHO WAS A SERGEANT IN CLASS 4 IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, AND WHO WAS A SERGEANT PRIOR TO JULY 1, 1953, SHALL BE ADVANCED TO AND SHALL RECEIVE THE SCHEDULED RATE OF BASIC COMPENSATION FOR LONGEVITY STEP 9 IN CLASS 4. EACH OFFICER OR MEMBER WHO WAS A SERGEANT IN CLASS 4 IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT AND WHO WAS PROMOTED TO SERGEANT AFTER JUNE 30, 1953, AND PRIOR TO THE EFFECTIVE DATE OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, SHALL, IF IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT HE WAS SERVING IN LONGEVITY STEP 7 OR SERVICE STEP 4 OR ANY LOWER SERVICE STEP, BE ADVANCED TO THE SECOND HIGHER SCHEDULED STEP IN CLASS 4 ABOVE SUCH STEP IN WHICH HE WAS SO SERVING OR IF, IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT HE WAS SERVING IN LONGEVITY STEP 8 HE SHALL BE ADVANCED TO LONGEVITY STEP9 IN CLASS 4, AND SHALL RECEIVE THE SCHEDULED RATE OF BASIC COMPENSATION FOR THE STEP TO WHICH HE IS ADVANCED. EACH OFFICER OR MEMBER WHO WAS A SERGEANT IN CLASS 4 IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT AND WHO WAS PROMOTED TO SERGEANT ON OR AFTER THE EFFECTIVE DATE OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, SHALL BE ADVANCED TO AND RECEIVE THE SCHEDULED RATE OF BASIC COMPENSATION FOR THE NEXT HIGHER SCHEDULED STEP IN CLASS 4. * * *

THE SPECIFIC LANGUAGE OF THE QUOTED SUBSECTION REQUIRES AN AFFIRMATIVE ANSWER TO THE QUESTION SUBMITTED IN BOTH THE FIRST AND SECOND PARAGRAPHS OF EXAMPLE 7. APPARENTLY, THE SERGEANT REFERRED TO IN THE THIRD PARAGRAPH OF YOUR EXAMPLE IS NOW RECEIVING A RETIREMENT ANNUITY BASED ON CLASS 4, SERVICE STEP 4 RATHER THAN SERVICE STEP 6 AS INDICATED IN THAT PARAGRAPH. UNDER THE SPECIFIC WORDING OF THE QUOTED SUBSECTION--- "IF IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT HE WAS SERVING IN LONGEVITY STEP 7 OR SERVICE STEP 4 OR ANY LOWER STEP, BE ADVANCED TO THE SECOND HIGHER SCHEDULED STEP IN CLASS 4 ABOVE SUCH STEP IN WHICH HE WAS SO SERVING"--- SUCH SERGEANT WOULD BE ENTITLED TO RECEIVE A RETIREMENT ANNUITY BASED UPON CLASS 4, LONGEVITY STEP 8 RATHER THAN CLASS 4, SERVICE STEP 6, AS INDICATED IN THE THIRD PARAGRAPH OF YOUR EXAMPLE.'

SINCE THE OFFICER REFERRED TO IN THE FINAL PARAGRAPH UNDER EXAMPLE 7 WAS PROMOTED TO SERGEANT AFTER THE EFFECTIVE DATE--- THE FIRST PAY PERIOD COMMENCING AFTER JANUARY 1, 1958--- OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, 4 D.C. CODE 823, HE IS ENTITLED TO RECEIVE THE NEXT HIGHER SCHEDULED STEP IN CLASS 4 UNDER THE QUOTED PROVISIONS OF SUBSECTION 2 (A) (6), ABOVE. THE QUESTION PRESENTED IN THIS PARAGRAPH, THEREFORE, IS ANSWERED IN THE AFFIRMATIVE.

EXAMPLE 8. SHOULD ANY RETIRED OFFICER MEMBER RECEIVING HIS ANNUITY BASED ON LONGEVITY STEP 9 IN CLASSES 5 THROUGH 10 NOW RECEIVE AN ANNUITY BASED ON THE BASIC COMPENSATION IN LONGEVITY STEP 8, CLASSES 5 THROUGH 10?

SUBSECTION 2 (A) (7) OF PUBLIC LAW 87-882, 4 D.C. CODE 823 (C) (7), IS AS FOLLOWS:

EACH OFFICER OR MEMBER RECEIVING BASIC COMPENSATION AT SCHEDULED LONGEVITY STEP 9, IN CLASSES 5 THROUGH 10, RESPECTIVELY, OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, AS AMENDED, SHALL BE PLACED IN AND RECEIVE THE RATE OF BASIC COMPENSATION AT THE SCHEDULED LONGEVITY STEP 8, IN CLASSES 5 THROUGH 10, RESPECTIVELY, OF THE ABOVE SCHEDULE.

THE QUESTION PRESENTED IN THIS EXAMPLE IS ANSWERED IN THE AFFIRMATIVE.

YOU SAY IN THE NEXT TO LAST PARAGRAPH OF THIS LETTER THAT:

IT IS NOT PLANNED TO GIVE ANY CREDIT FOR SERVICE AS PROVIDED IN SECTION 303 (RELATING TO SERVICE STEP INCREASES) OR SECTION 401 (RELATING TO LONGEVITY STEP INCREASES), AS THE CASE MAY BE, OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, AS AMENDED, UNLESS SUCH SERVICE WAS RENDERED AFTER THE EFFECTIVE DATE OF SUCH ACT.

BOTH SECTIONS 303 AND 401, 4 D.C. CODE 829 AND 832, OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1958, APPROVED AUGUST 1, 1958, PUBLIC LAW 85-584, PROVIDE FOR THE CREDITING OF SATISFACTORY SERVICE (OTHER THAN THAT CREDITED IN THE INITIAL ADJUSTMENT OF SALARIES UNDER THAT ACT) RENDERED BY AN OFFICER OR MEMBER IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF SUCH ACT. IN VIEW OF THE PROVISIONS OF THOSE SECTIONS ANY INDIVIDUAL WHO RETIRED AFTER THE EFFECTIVE DATE OF PUBLIC LAW 85-584 SHOULD HAVE HIS RETIREMENT COMPENSATION COMPUTED UPON THE BASIS OF THE SERVICE, NOT OTHERWISE CREDITED IN THE INITIAL ADJUSTMENT OF SALARIES, RENDERED PRIOR TO THE EFFECTIVE DATE OF THAT ACT TO THE EXTENT THAT SUCH SERVICE IS AUTHORIZED TO BE CREDITED UNDER SECTIONS 303 AND 401. HOWEVER, ANY SUCH OFFICER OR MEMBER WHO RETIRED PRIOR TO THE EFFECTIVE DATE OF PUBLIC LAW 85-584, WOULD NOT BE ENTITLED TO ANY SERVICE CREDIT UNDER SECTIONS 303 AND 401 EXCEPT FOR SUCH ACTIVE SERVICE AS HE MIGHT THEREAFTER RENDER FOLLOWING THE EFFECTIVE DATE OF SUCH ACT. CF. ABELL V SPENCER, 225 F.2D 568.