B-2944, APRIL 21, 1939, 18 COMP. GEN. 802

B-2944: Apr 21, 1939

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ON WHICH NO DEDUCTIONS ARE REQUIRED. WHICH IS NOT REQUIRED TO BE REGARDED AS A PART OF THEIR COMPENSATION IN FIXING THE SALARIES OF THEIR POSITIONS UNDER SECTION 3 OF THE ACT OF MARCH 5. IS AS FOLLOWS: IN CONNECTION WITH THE ADMINISTRATION OF THE PROVISIONS OF EXECUTIVE ORDER NO. 8043. YOUR EARLY DECISION WILL BE APPRECIATED ON THE FOLLOWING QUESTION WITH RELATION TO MEMBERS OF THE CREWS OF THE VESSELS OF THE COAST AND GEODETIC SURVEY COVERED INTO THE CLASSIFIED CIVIL SERVICE BY THAT ORDER. MEMBERS OF THE CREWS OF VESSELS OF THE COAST AND GEODETIC SURVEY ARE EMPLOYED UNDER A SHIPPING CONTRACT TO SERVE ONE YEAR. WITH THE PROVISION THAT A MONTHLY GRADUATED LONGEVITY INCREASE IS ADDED TO THE BASE PAY OF THE RATING AFTER EACH YEAR OF CONTINUOUS SERVICE UP TO AND INCLUDING THE SIXTH YEAR OF CONTINUOUS SERVICE.

B-2944, APRIL 21, 1939, 18 COMP. GEN. 802

RETIREMENT - CIVILIAN - LONGEVITY, ETC., INCREASES AND RATION ALLOWANCE INCLUSION FOR RETIREMENT-DEDUCTION PURPOSES CONTINUED-SERVICE PAY OR LONGEVITY INCREASE IN THE COMPENSATION OF CIVILIAN EMPLOYEES OF THE GOVERNMENT, AUTHORIZED BY LAW OR REGULATION, CONSTITUTES A PERMANENT INCREASE IN THE "BASIC SALARY, PAY, OR COMPENSATION" OF EMPLOYEES WITHIN THE MEANING OF THE COMPENSATION DEDUCTION REQUIREMENT PROVISIONS OF SECTION 10 OF THE RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 475, RATHER THAN "SALARY, PAY, OR COMPENSATION GIVEN IN ADDITION" THERETO WITHIN THE MEANING OF SECTION 4 OF THE SAID STATUTE, 46 STAT. 471, ON WHICH NO DEDUCTIONS ARE REQUIRED. RETIREMENT DEDUCTIONS REQUIRED BY SECTION 10 OF THE RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 475, TO BE DEDUCTED FROM THE "BASIC SALARY, PAY, OR COMPENSATION" OF CIVILIAN EMPLOYEES OF THE GOVERNMENT SHOULD BE COMPUTED, IN THE CASE OF MEMBERS OF CREWS OF VESSELS OF THE COAST AND GEODETIC SURVEY RECENTLY COVERED INTO THE CLASSIFIED CIVIL SERVICE, ON THEIR COMPENSATION INCLUSIVE OF THE INCREASE PAID UPON RESHIPMENT UNDER THE TERMS AND CONDITIONS OF THE APPLICABLE REGULATIONS, BUT THE SUBSISTENCE ALLOWANCE OR COMMUTED-RATION ALLOWANCE OF SUCH MEMBERS, WHICH IS NOT REQUIRED TO BE REGARDED AS A PART OF THEIR COMPENSATION IN FIXING THE SALARIES OF THEIR POSITIONS UNDER SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193, NEED NOT BE INCLUDED FOR RETIREMENT DEDUCTION PURPOSES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, APRIL 21, 1939:

YOUR LETTER OF APRIL 7, 1939, IS AS FOLLOWS:

IN CONNECTION WITH THE ADMINISTRATION OF THE PROVISIONS OF EXECUTIVE ORDER NO. 8043, DATED JANUARY 31, 1939, YOUR EARLY DECISION WILL BE APPRECIATED ON THE FOLLOWING QUESTION WITH RELATION TO MEMBERS OF THE CREWS OF THE VESSELS OF THE COAST AND GEODETIC SURVEY COVERED INTO THE CLASSIFIED CIVIL SERVICE BY THAT ORDER.

UNDER EXISTING REGULATIONS, MEMBERS OF THE CREWS OF VESSELS OF THE COAST AND GEODETIC SURVEY ARE EMPLOYED UNDER A SHIPPING CONTRACT TO SERVE ONE YEAR, WITH THE PROVISION THAT A MONTHLY GRADUATED LONGEVITY INCREASE IS ADDED TO THE BASE PAY OF THE RATING AFTER EACH YEAR OF CONTINUOUS SERVICE UP TO AND INCLUDING THE SIXTH YEAR OF CONTINUOUS SERVICE, AFTER WHICH NO ADDITIONAL INCREASE IS MADE, THE MAXIMUM LONGEVITY OF $10 PER MONTH HAVING BEEN REACHED.

A COMMUTED-RATION ALLOWANCE IS MADE FOR EACH MAN WHILE SERVING ON BOARD SHIP, THE TOTAL AMOUNT OF ALL RATIONS BEING PAID TO A MESS TREASURER ELECTED BY THE MEMBERS OF THE MESS. THIS MESS TREASURER MAKES ALL PURCHASES AND RUNS THE AFFAIRS OF THE MESS UNDER THE SUPERVISION OF THE COMMANDING OFFICER OF THE VESSEL. WHEN MEMBERS OF THE CREW ARE DETAILED TO TEMPORARY SHORE DUTY ON FIELD WORK AWAY FROM THE VESSEL, EACH IS PAID A COMMUTATION ALLOWANCE AS PROVIDED BY REGULATIONS.

YOUR DECISION IS REQUESTED ON THE QUESTION AS TO WHETHER, IN ADDITION TO TAKING RETIREMENT DEDUCTIONS FROM THE BASE PAY OF MEMBERS OF THE CREW, SUCH DEDUCTIONS SHOULD ALSO BE TAKEN FROM THE CONTINUED SERVICE PAY AND/OR FROM SUBSISTENCE ALLOWANCES.

EXECUTIVE ORDER NO. 8043, DATED JANUARY 31, 1939, AMENDING SCHEDULES A AND B OF THE CIVIL-SERVICE RULES, INCLUDES THE FOLLOWING UNDER THE HEADING "XI DEPARTMENT OF COMMERCE.'

5. SEAMAN, DECKHAND, FIREMAN, COOK, MESS ATTENDANT, AND WATER TENDER ON VESSELS OF THE DEPARTMENT OF COMMERCE. THE CIVIL SERVICE COMMISSION, WITH THE CONCURRENCE OF THE SECRETARY OF COMMERCE, IS AUTHORIZED TO INCLUDE IN THE CLASSIFIED SERVICE ANY OF THE FOREGOING POSITIONS WHICH ARE OF A CHARACTER AND STABILITY OF TENURE SIMILAR TO THOSE NOW CLASSIFIED.

IT IS UNDERSTOOD THAT THE QUESTION IN THE CONCLUDING PARAGRAPH OF YOUR LETTER RELATES TO THE BASIS FOR COMPUTING RETIREMENT DEDUCTIONS FROM COMPENSATION OF MEMBERS OF CREWS OF VESSELS OF THE COAST AND GEODETIC SURVEY GIVEN A RETIREMENT STATUS BY REASON OF HAVING BEEN COVERED INTO THE COMPETITIVE CLASSIFIED CIVIL SERVICE.

SECTION 10 OF THE RETIREMENT ACT OF MAY 29, 1930, 46 STAT. 475, PROVIDES AS FOLLOWS:

BEGINNING AS OF JULY 1, 1926, THERE SHALL BE DEDUCTED AND WITHHELD FROM THE BASIC SALARY, PAY, OR COMPENSATION OF EACH EMPLOYEE TO WHOM THIS ACT APPLIES A SUM EQUAL TO 3 1/2 PERCENTUM OF SUCH EMPLOYEE'S BASIC SALARY, PAY, OR COMPENSATION. * * *

SECTION 4 OF THE SAME STATUTE, 46 STAT. 471, 472, CONTAINS THE FOLLOWING PARAGRAPH:

THE TERM "BASIC SALARY, PAY, OR COMPENSATION," WHEREVER USED IN THIS ACT, SHALL BE SO CONSTRUED AS TO EXCLUDE FROM THE OPERATION OF THE ACT ALL BONUSES, ALLOWANCES, OVERTIME PAY, OR SALARY, PAY, OR COMPENSATION GIVEN IN ADDITION TO THE BASE PAY OF THE POSITION AS FIXED BY LAW OR REGULATION.

THE ACT OF FEBRUARY 26, 1931, 46 STAT. 1421, PROVIDES:

THAT THE SECRETARY OF COMMERCE IS AUTHORIZED, IN HIS DISCRETION TO CONTINUE THE SYSTEM OF PAY AND ALLOWANCES, INCLUDING ALLOWANCES FOR LONGEVITY, FOR OFFICERS AND MEN ON VESSELS OF THE DEPARTMENT OF COMMERCE, THAT WAS IN OPERATION AS OF JULY 1, 1929, UNTIL SUCH TIME AS LEGISLATION SHALL BE ENACTED PURSUANT TO SECTION 2 OF THE ACT APPROVED MAY 28, 1928 (45 STAT. 785), OR SIMILAR LEGISLATION AFFECTING THE CLASSIFICATION OF VESSEL EMPLOYEES IN THE FIELD SERVICE OF THE GOVERNMENT.

PARAGRAPH 84 OF REGULATIONS AND INSTRUCTIONS FOR THE GOVERNMENT OF THE COAST AND GEODETIC SURVEY, APPROVED JANUARY 2, 1931, AS AMENDED, PROVIDES:

CONTINUED SERVICE PAY.--- ANY PERSON, EXCEPT A MEMBER OF THE CREW OF A VESSEL STATIONED IN PHILIPPINE WATERS, WHO HAS SERVED CONTINUOUSLY FOR ONE YEAR ON A VESSEL OF THE SURVEY SHALL, UPON RESHIPMENT WITHIN TWO MONTHS IMMEDIATELY SUBSEQUENT TO THE DATE OF HIS LATEST DISCHARGE, IF SAID DISCHARGE SHALL HAVE RECOMMENDED HIM FOR RESHIPMENT, RECEIVE, IN ADDITION TO THE AUTHORIZED MONTHLY RATE OF PAY, $3 PER MONTH DURING THE NEXT YEAR, OR PORTION THEREOF; AND FOR EACH SUBSEQUENT RESHIPMENT, UNDER THE SAME CONDITIONS, HE SHALL RECEIVE ADDITIONAL CONTINUED SERVICE PAY AS FOLLOWS: $2 PER MONTH DURING HIS SECOND RESHIPMENT, $2 PER MONTH DURING HIS THIRD RESHIPMENT, AND THEREAFTER $1 PER MONTH DURING EACH ADDITIONAL RESHIPMENT UNTIL HIS TOTAL CONTINUED SERVICE PAY AMOUNTS TO $10 PER MONTH, WHICH SHALL BE THE MAXIMUM CONTINUED-SERVICE PAY THAT ANY PERSON SHALL RECEIVE IN ADDITION TO THE AUTHORIZED BASE PAY OF HIS RATING. (SEE 71B.)

(A) ANY PERSON WHO HAS SERVED CONTINUOUSLY FOR ONE YEAR ON A VESSEL OF THE SURVEY STATIONED IN THE PHILIPPINE WATERS SHALL, UPON RESHIPMENT WITHIN TWO MONTHS IMMEDIATELY SUBSEQUENT TO THE DATE OF HIS LATEST DISCHARGE, IF SAID DISCHARGE SHALL HAVE RECOMMENDED HIM FOR RESHIPMENT, RECEIVE, IN ADDITION TO HIS AUTHORIZED MONTHLY RATE OF PAY, $1 PER MONTH DURING THE NEXT YEAR, OR PORTION THEREOF, SAID CONTINUED SERVICE PAY OF $1 PER MONTH TO BE INCREASED BY $1 PER MONTH AT THE BEGINNING OF EACH SUCCEEDING PERIOD OF ONE YEAR OF CONTINUOUS SERVICE, THEREAFTER, UNTIL THE TOTAL CONTINUED-SERVICE PAY AMOUNTS TO $5 PER MONTH, WHICH SHALL BE THE MAXIMUM CONTINUED-SERVICE PAY THAT HE SHALL RECEIVE IN EXCESS OF THE AUTHORIZED BASE PAY OF HIS RATING FOR SERVICE ON VESSELS OF THE SURVEY STATIONED IN PHILIPPINE WATERS.

(B) ANY PERSON DISCHARGED BY REASON OF REDUCTION OF THE COMPLEMENT OF A VESSEL OR BY THE DIRECTOR'S ORDERS FOR ANY CAUSE, AND WHO IS RECOMMENDED IN SAID DISCHARGE FOR REEMPLOYMENT, SHALL, UPON RESHIPMENT, HAVE HIS ACTUAL TIME OF EMPLOYMENT COUNTED AS A PART OF THE YEAR REQUIRED FOR A ONE -YEAR TERM, AND SHALL ALSO BE ENTITLED TO THE CONTINUOUS SERVICE PAY EARNED AT THE TIME OF HIS DISCHARGE, IF SAID RESHIPMENT SHALL OCCUR WITHIN SIX CALENDAR MONTHS FROM THE DATE OF SAID DISCHARGE.

PARAGRAPHS 85 AND 87 OF THE SAME REGULATIONS PROVIDE AS FOLLOWS:

EXPENSES WHEN DEPRIVED OF QUARTERS.--- MEMBERS OF CREWS OF VESSELS WHEN DETAILED TO TEMPORARY SHORE DUTY, OR TEMPORARILY DEPRIVED OF THEIR QUARTERS OR MESS PRIVILEGES, OR BOTH, ON ACCOUNT OF REPAIRS TO THE VESSEL OR FOR OTHER SUFFICIENT REASON, SHALL BE ALLOWED A COMMUTATION IN LIEU OF THESE. THE AMOUNTS OF COMMUTATION TO BE PAID WILL BE PROMULGATED FROM TIME TO TIME BY THE SECRETARY OF COMMERCE. (SEE 87.)

RATIONS.--- EACH MEMBER OF THE CREW SHALL BE ALLOWED ONE RATION OR COMMUTATION THEREOF, EXCEPT, WHEN IN A HOSPITAL, OR ABSENT FROM HIS STATION EITHER WITH OR WITHOUT LEAVE IN EXCESS OF 24 HOURS, OR WHEN OTHER COMMUTATION IS AUTHORIZED FOR ANY REASON BY THE DIRECTOR. THE REASON FOR THE STOPPAGE OF RATIONS SHALL BE NOTED ON THE PAY ROLL. WHEN STOPPAGE OR RESUMPTION OF RATION ALLOWANCE OCCURS DURING THE DAY, THE RATION ALLOWANCE SHALL BE ADJUSTED ON THE BASIS OF THREE EQUAL PARTS TO A DAY, BREAKFAST, DINNER, AN SUPPER. (SEE 76B, 85.)

THE RATE OF COMMUTATION OF RATION ALLOWANCE IS FIXED FOR EACH FISCAL YEAR BY THE SECRETARY OF COMMERCE. SEE CIRCULAR NO. 2-1938, DATED MAY 31, 1938, FIXING THE RATE FOR THE FISCAL YEAR 1939.

CONTINUED-SERVICE PAY OR LONGEVITY INCREASE IN THE COMPENSATION OF CIVILIAN EMPLOYEES OF THE GOVERNMENT AUTHORIZED BY LAW OR REGULATION CONSTITUTES A PERMANENT INCREASE IN THE "BASIC SALARY, PAY, OR COMPENSATION" OF EMPLOYEES WITHIN THE MEANING OF THE RETIREMENT ACT, RATHER THAN SALARY, PAY, OR COMPENSATION GIVEN IN ADDITION THERETO. SEE GENERALLY 27 COMP. DEC. 152; 10 COMP. GEN. 53; ID. 302; DECISION OF FEBRUARY 1, 1939, B-739. COMPARE 18 COMP. GEN. 375, 377. ACCORDINGLY, RETIREMENT DEDUCTIONS SHOULD BE COMPUTED ON THE INCREASE IN COMPENSATION PAID TO MEMBERS OF CREWS OF VESSELS OF THE COAST AND GEODETIC SURVEY UPON RESHIPMENT UNDER THE TERMS AND CONDITIONS OF THE QUOTED REGULATION 84, AS AMENDED.

THE SUBSISTENCE ALLOWANCE OR COMMUTATION OF RATIONS OF MEMBERS OF CREWS OF VESSELS OF THE COAST AND GEODETIC SURVEY WAS GRANTED IN ADDITION TO THEIR BASIC SALARY, PAY, OR COMPENSATION PRIOR TO THE ACT OF FEBRUARY 26, 1931, 46 STAT. 1421, AND UNDER THE PROVISIONS OF THAT STATUTE IS NOT REQUIRED TO BE REGARDED AS A PART OF THE COMPENSATION IN FIXING THE SALARIES OF THE POSITIONS UNDER THE TERMS OF SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193. ACCORDINGLY, UNDER EXISTING STATUTE, RETIREMENT DEDUCTIONS ARE NOT REQUIRED TO BE COMPUTED ON THE BASIS OF SUBSISTENCE ALLOWANCE OR COMMUTATION OF RATIONS.