B-43574, AUGUST 11, 1944, 24 COMP. GEN. 102

B-43574: Aug 11, 1944

Additional Materials:

Contact:

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

 

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

WHICH IS TO BE CLASSIFIED FOR THE FIRST TIME. IT IS PROPER TO COMPARE GROSS COMPENSATION (INCLUSIVE OF OVERTIME) FOR THE SAME PERIOD OF TIME BEFORE AND AFTER CLASSIFICATION TO OBVIATE OR MINIMIZE SALARY LOSS. MAY BE EXTENDED SO THAT OVERTIME COMPENSATION IS INCLUDED IN THE COMPARISON IN ALL CASES OF TRANSFER FROM A PER DIEM TO A PER ANNUM STATUS. IS ENTITLED TO ADDITIONAL WARTIME COMPENSATION COMPUTED ON AN OVERTIME BASIS UNDER SECTION 2 OF THE WAR OVERTIME PAY ACT OF 1943. 1944: REFERENCE IS MADE TO LETTER DATED JUNE 13. I HAVE BEFORE ME FOR PAYMENT CERTAIN PAYROLL ACCOUNTS WHEREIN THE GENERAL LEGALITY AND PROPRIETY IS QUESTIONABLE. THE COMPTROLLER GENERAL IS HEREBY REQUESTED TO RENDER A DECISION ON THE QUESTIONS PRESENTED. 2.

B-43574, AUGUST 11, 1944, 24 COMP. GEN. 102

COMPENSATION - INITIAL SALARY RATES UPON TRANSFER FROM PER DIEM TO PER ANNUM POSITIONS; OVERTIME COMPENSATION OF EMPLOYEES WORKING IRREGULAR SCHEDULES THE RULE STATED IN 23 COMP. GEN. 160, TO THE EFFECT THAT IN DETERMINING THE INITIAL SALARY RATE UNDER THE CLASSIFICATION ACT FOR AN EMPLOYEE OCCUPYING AN UNCLASSIFIED POSITION WITHIN THE PURVIEW OF THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHICH IS TO BE CLASSIFIED FOR THE FIRST TIME, IT IS PROPER TO COMPARE GROSS COMPENSATION (INCLUSIVE OF OVERTIME) FOR THE SAME PERIOD OF TIME BEFORE AND AFTER CLASSIFICATION TO OBVIATE OR MINIMIZE SALARY LOSS, MAY BE EXTENDED SO THAT OVERTIME COMPENSATION IS INCLUDED IN THE COMPARISON IN ALL CASES OF TRANSFER FROM A PER DIEM TO A PER ANNUM STATUS, REGARDLESS OF THE REASON FOR THE TRANSFER. AN EMPLOYEE WORKING FULL TIME, EVEN THOUGH 48 HOURS ONE WEEK AND 56 HOURS THE NEXT, IS ENTITLED TO ADDITIONAL WARTIME COMPENSATION COMPUTED ON AN OVERTIME BASIS UNDER SECTION 2 OF THE WAR OVERTIME PAY ACT OF 1943, RATHER THAN ON A PERCENTAGE BASIS UNDER SECTION 3 (A) OF THE ACT. IN THE CASE OF A FULL TIME EMPLOYEE WORKING 48 HOURS ONE WEEK AND 56 HOURS THE NEXT, HIS OVERTIME COMPENSATION UNDER SECTION 2 OF THE WAR OVERTIME PAY ACT OF 1943 MAY BE COMPUTED ON A 52-HOUR WEEK BASIS (AVERAGE WORKWEEK) AND PRORATED OVER THE ENTIRE YEAR.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, AUGUST 11, 1944:

REFERENCE IS MADE TO LETTER DATED JUNE 13, 1944, FROM MR. S. WELLS, DISBURSING OFFICER, PUGET SOUND NAVY YARD, BREMERTON, WASHINGTON, FORWARDED TO THIS OFFICE BY ENDORSEMENT OF JULY 26, 1944, FROM D. E. CARLSON, HEAD, WAGE ADMINISTRATION AND CLASSIFICATION BRANCH, DIVISION OF SHORE ESTABLISHMENTS AND CIVILIAN PERSONNEL--- APPARENTLY THROUGH THE OFFICE OF THE ASSISTANT SECRETARY OF THE NAVY--- THE DISBURSING OFFICER'S LETTER READING AS FOLLOWS:

LETTER VIA: (1) THE COMMANDANT.

(2) THE PAYMASTER GENERAL OF THE NAVY.

(3) THE SECRETARY OF THE NAVY. SUBJECT: THE FIXING OF SALARIES OF PER ANNUM EMPLOYEES TRANSFERRED

FROM

PER DIEM STATUS. REFS: (A) BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, ARTICLE 2101-3.

(B) COMPTROLLER GENERAL'S DECISION B-36519 OF 1 SEPTEMBER

1943 (23 COMP. GEN. 160.)

(C) COMPTROLLER GENERAL'S DECISION 19 COMP. GEN. 20 OF 7

JULY 1939.

(D) NAVY DEPARTMENT LTR. SECP: 470: ACM TO COMMANDANT OF

8 MAY 1944.

1. I HAVE BEFORE ME FOR PAYMENT CERTAIN PAYROLL ACCOUNTS WHEREIN THE GENERAL LEGALITY AND PROPRIETY IS QUESTIONABLE. IN COMPLIANCE WITH THE PROVISIONS OF REFERENCE (A), THE COMPTROLLER GENERAL IS HEREBY REQUESTED TO RENDER A DECISION ON THE QUESTIONS PRESENTED.

2. CERTAIN GROUP II, III, AND IV (A) EMPLOYEES HAVE BEEN MISASSIGNED TO DUTIES IN PER ANNUM POSITIONS IN THE POLICE AND FIRE DEPARTMENTS. DIRECTIVE HAS BEEN RECEIVED PROPERLY RECLASSIFYING THESE INDIVIDUALS IN PER ANNUM POSITIONS. WE HAVE TRIED TO APPLY THE PRINCIPLES SET FORTH IN THE COMPTROLLER GENERAL'S DECISION B-36519 (REFERENCE (B) (, AT THE DIRECTION OF THE NAVY DEPARTMENT.

3. THE DECISION CITED (REFERENCE (B) (, REQUIRES THAT IN TRANSFER OF A SPECIFIC POSITION FROM PER DIEM TO PER ANNUM BASIS OF COMPENSATION, THE PER ANNUM RATE OF PAY SHOULD BE FIXED ON THE BASIS OF RECIPROCAL OVERTIME FOR THAT SPECIFIC POSITION.

4. BY REFERENCE (C), THE COMPTROLLER GENERAL SET FORTH THE PRINCIPLE OF APPROXIMATE PARITY IN BASIC PAY FOR ANY PER ANNUM EMPLOYEE TRANSFERRED FROM A PER DIEM STATUS. QUESTION: DOES THE COMPTROLLER GENERAL CONTEMPLATE THE EXTENSION OF THIS PRINCIPLE BY HIS LATER DECISION REFERENCE (B) ( TO INCLUDE OVERTIME COMPENSATION FOR ALL TRANSFERS FROM PER DIEM TO A PER ANNUM STATUS REGARDLESS OF THE REASON FOR THE TRANSFER?

5. SPECIFICALLY, WE HAVE THE BELOW DESCRIBED SITUATION:

CHAUFFEUR--- $8.64 PER DIEM

ANNUAL SALARY (A) FOR 52-HOUR WEEK, AS PRESENTLY CREDITED FOR FIREMEN --- -- $3,269.81 (B) FOR 48-HOUR WEEK - -------------------------------------- 2,928.96 (C) IF RECLASSIFIED TO CPC-7 (IRREGULAR EMPLOYMENT) 52-HOUR

BASIS $2,500.00 PLUS 15 PERCENT ----------------------- 2,875.00 (D) IF RECLASSIFIED TO CPC-7 (IRREGULAR EMPLOYMENT) 48-HOUR

BASIS $2,400.00 PLUS 15 PERCENT ----------------------- 2,760.00 (E) IF RECLASSIFIED TO CPC-7 (IRREGULAR EMPLOYMENT) BASIC

RATES $2,300.00 PLUS 15 PERCENT ----------------------- 2,645.00

HELPER--- GENERAL $7.60 PER DIEM (A) FOR 52-HOUR WEEK, AS PRESENTLY CREDITED FOR FIREMEN ----- $2,876.22 (B) FOR 48 HOUR WEEK, AS PRESENTLY CREDITED FOR POLICEMEN --- 2,576.40 (C) IF RECLASSIFIED CPC-6 (IRREGULAR EMPLOYMENT) 52-HOUR

BASIS $2,200.00 PLUS 15 PERCENT ------------------------ 2,553.00 (D) IF RECLASSIFIED CPC-6 (IRREGULAR EMPLOYMENT) 48-HOUR

BASIS $2,200.00 PLUS 15 PERCENT ----------------------- 2,553.00 (E) IF RECLASSIFIED CPC-6 (REGULAR EMPLOYMENT) 48-HOUR WEEK

$2,200.00 PLUS 9.2166 PERCENT ------------------------- 2,460.12 (F) IF RECLASSIFIED CPC-6 (IRREGULAR EMPLOYMENT) BASIC RATES

$2,040.00 PLUS 15 PERCENT ----------------------------- 2,346.00 (G) IF RECLASSIFIED CPC-6 (REGULAR EMPLOYMENT) BASIC RATES

$2,040.00 PLUS 10.2166 PERCENT ------------------------- 2,441.86

THE FIRE FORCE IS EMPLOYED ON THE TWO PLATOON SYSTEM OF 24 HOURS ON AND 24 HOURS OFF, FOR WHICH IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THEY ACTUALLY WORK 48 HOURS ONE WEEK AND 56 HOURS THE NEXT, FOR WHICH AN AVERAGE WORK WEEK OF 52 HOURS IS CLAIMED. ON THIS BASIS, IN ACCORDANCE WITH COMPTROLLER GENERAL'S DECISION B-36519, (REFERENCE (B) AS INTERPRETED BY THE OFFICE OF THE ASSISTANT SECRETARY OF THE NAVY IN REFERENCE (D) (, CHAUFFEURS $8.64 PER DIEM RECLASSIFIED AS FIREFIGHTERS CPC-7 WOULD RECEIVE $2,500.00 BASIC PER ANNUM PAY. HELPERS GENERAL $7.60 PER DIEM WOULD RECEIVE $2,200.00 BASIC PER ANNUM PAY.

6. IN THE EVENT THAT THE COMPTROLLER GENERAL RENDERS AN AFFIRMATIVE ANSWER TO QUESTION STATED ABOVE IN PARAGRAPH FOUR, IT IS FURTHER REQUESTED THAT HE MAKE THE FOLLOWING DETERMINATION: QUESTION: WHICH OF THE POTENTIAL RATES OF PAY UNDER SUBPARAGRAPHS (C/-/G) OF PARAGRAPH FIVE ABOVE ARE LEGALLY APPLICABLE?

7. ONE HUNDRED TEN ACCOUNTS ARE DIRECTLY IN POINT. AN EARLY DECISION IS DESIRED IN ORDER THAT THE ADMINISTRATIVE POLICIES OF THE NAVY DEPARTMENT MAY BE COMPLIED WITH AT THE EARLIEST POSSIBLE DATE.

IN THE DECISION OF SEPTEMBER 1, 1943 (B-36519), 23 COMP. GEN. 160, REFERRED TO AS REFERENCE (B) IN THE ABOVE-QUOTED LETTER, IT WAS STATED (QUOTING FROM THE SYLLABUS):

IN FIXING UNDER THE CLASSIFICATION ACT THE INITIAL SALARY RATE OF AN EMPLOYEE OCCUPYING AN UNCLASSIFIED POSITION WITHIN THE PURVIEW OF THE 40- HOUR WEEK STATUTE OF MARCH 28, 1934, WHICH IS TO BE CLASSIFIED FOR THE FIRST TIME, THE RATE MAY BE THAT OF SUCH SALARY STEP IN THE CLASSIFIED GRADE TO WHICH THE POSITION IS ALLOCATED AS WILL CAUSE NO LOSS, OR AS LITTLE LOSS AS POSSIBLE, IN TOTAL COMPENSATION WHEN THE GROSS COMPENSATION (INCLUSIVE OF OVERTIME COMPENSATION) AUTHORIZED FOR THE UNCLASSIFIED POSITION IS COMPARED WITH THE GROSS COMPENSATION (BASIC PLUS OVERTIME OR ADDITIONAL WARTIME COMPENSATION) AUTHORIZED FOR THE CLASSIFIED POSITION FOR THE SAME PERIOD OF TIME. 19 COMP. GEN. 20, AMPLIFIED. (ITALICS SUPPLIED.)

IN THE LIGHT OF THAT DECISION THE QUESTION PRESENTED IN PARAGRAPH 4 OF THE DISBURSING OFFICER'S LETTER, SUPRA, IS ANSWERED IN THE AFFIRMATIVE.

REFERRING TO THE QUESTION IN PARAGRAPH 6, THE COMPARISON IS REQUIRED TO BE MADE ON THE "SAME PERIOD OF TIME" (SEE ITALICIZED WORDS OF THE ABOVE- QUOTED SYLLABUS). IT WOULD APPEAR THAT SUCH BASIS HAS BEEN USED ADMINISTRATIVELY IN ARRIVING AT THE RATES OF $2,500 PER ANNUM AND $2,200 PER ANNUM BASIC COMPENSATION MENTIONED IN THE LAST TWO SENTENCES OF PARAGRAPH 5. IF THE EMPLOYEES WORKED FULL TIME, EVEN THOUGH 48 HOURS ONE WEEK AND 56 HOURS THE NEXT WEEK, THEY ARE ENTITLED TO ADDITIONAL WARTIME COMPENSATION COMPUTED ON AN OVERTIME BASIS UNDER THE PROVISIONS OF SECTION 2 OF THE WAR OVERTIME PAY ACT OF 1943, APPROVED MAY 7, 1943, 57 STAT. 76, PUBLIC LAW 49, RATHER THAN ON A 15 PERCENT BASIS UNDER SECTION 3 (A) OF THE STATUTE. HENCE, THIS OFFICE HAS NO OBJECTION TO THE COMPUTATION OF OVERTIME COMPENSATION ON A 52-HOUR WEEK BASIS (AVERAGE WORKWEEK) WHICH MAY BE PRORATED OVER THE ENTIRE YEAR. OF COURSE, IF THE EMPLOYEES WORK ONLY 48 HOURS PER WEEK, THE OVERTIME COMPENSATION WOULD BE FOR COMPUTATION AND PAYMENT ACCORDINGLY. THE FACTS PRESENTED ARE NOT SUFFICIENTLY CLEAR TO ENABLE A DEFINITE HOLDING AS TO WHICH, IF ANY, OF THE TOTAL SALARY RATES LISTED IN PARAGRAPH 5, WOULD BE PAYABLE TO THE EMPLOYEES.