B-45470, NOVEMBER 9, 1944, 24 COMP. GEN. 368

B-45470: Nov 9, 1944

Additional Materials:

Contact:

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

 

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

EVEN THOUGH THE HIGHER RATE WAS RECEIVED DURING FORMER SERVICE IN THE REINSTATING AGENCY. 22 COMP. 1944: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE SALARY RATE LEGALLY PAYABLE TO AN EMPLOYEE REENTERING THE FEDERAL SERVICE UNDER AUTHORITY OF WAR SERVICE REGULATION VIII. IN ILLUSTRATION OF THE QUESTION RAISED THERE IS CITED BELOW A CASE AT HAND IN THIS OFFICE. WAS SEPARATED FROM THE ROLLS OF THE FEDERAL WORKS AGENCY. $1620 PER ANNUM AND WAS SEPARATED OCTOBER 1943. WAS APPOINTED IN THE WAR DEPARTMENT. SHE WAS REAPPOINTED IN THIS OFFICE ON OCTOBER 16. THERE IS ATTACHED HEREWITH PAYROLL VOUCHER ( STANDARD FORM 1013D- REVISED) IN THE AMOUNT OF $48.66 IN FAVOR OF MARGARET H.

B-45470, NOVEMBER 9, 1944, 24 COMP. GEN. 368

COMPENSATION - INITIAL SALARY RATE - REINSTATEMENT UPON REINSTATEMENT OF A FORMER EMPLOYEE, HIS SALARY MAY BE FIXED INITIALLY AT A PRESCRIBED RATE ABOVE THE MINIMUM FOR THE GRADE IN WHICH REINSTATED, TO THE EXTENT OF THE RATE RECEIVED AT THE TIME OF HIS LAST SEPARATION FROM SERVICE, REGARDLESS OF THE AGENCY IN WHICH EMPLOYED; HOWEVER, THE INITIAL SALARY RATE MAY NOT BE FIXED ABOVE THE GRADE MINIMUM ON THE BASIS OF A HIGHER RATE RECEIVED IN OTHER THAN THE LAST POSITION, EVEN THOUGH THE HIGHER RATE WAS RECEIVED DURING FORMER SERVICE IN THE REINSTATING AGENCY. 22 COMP. GEN. 925, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO CHARLES F. KEMMELL, FEDERAL WORKS AGENCY, NOVEMBER 9, 1944:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1944 ( FINANCE 1PAYROLL- 1LFB) AS FOLLOWS:

PURSUANT TO SECTION 3 OF THE ACT APPROVED DECEMBER 29, 1941 ( PUBLIC LAW 389-77TH CONGRESS), YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE SALARY RATE LEGALLY PAYABLE TO AN EMPLOYEE REENTERING THE FEDERAL SERVICE UNDER AUTHORITY OF WAR SERVICE REGULATION VIII. IN ILLUSTRATION OF THE QUESTION RAISED THERE IS CITED BELOW A CASE AT HAND IN THIS OFFICE.

FOR YOUR INFORMATION IN DECIDING THE LEGALITY OF THE PAYMENT, MRS. MARGARET H. THOMSON, CAF-4, CLERK-1STENOGRAPHER, $1800 PER ANNUM,WAS SEPARATED FROM THE ROLLS OF THE FEDERAL WORKS AGENCY, PUBLIC BUILDINGS ADMINISTRATION, AT THE CLOSE OF BUSINESS JUNE 11, 1942 BECAUSE OF TRANSFER TO THE WRA PRODUCTION BOARD, KANSAS CITY, MISSOURI. SHE ENTERED ON DUTY WITH THE WAR PRODUCTION BOARD ON JUNE 12, 1942, AS SECRETARY, $1620 PER ANNUM AND WAS SEPARATED OCTOBER 1943, AT $1,800 PER ANNUM; WAS APPOINTED IN THE WAR DEPARTMENT, CAMP HOWZE, TEXAS, AS A SECRETARY $1,440 PER ANNUM IN JANUARY 1944, BEING SEPARATED OCTOBER 3, 1944 AT $1,620 PER ANNUM. SHE WAS REAPPOINTED IN THIS OFFICE ON OCTOBER 16, 1944 AS CAF-3, CLERK- 1STENOGRAPHER, $1,800 PER ANNUM.

THERE IS ATTACHED HEREWITH PAYROLL VOUCHER ( STANDARD FORM 1013D- REVISED) IN THE AMOUNT OF $48.66 IN FAVOR OF MARGARET H. THOMSON, CLERK- 1STENOGRAPHER, CAF-3, $1,800 PER ANNUM, REPRESENTING SALARY FROM OCTOBER 6, 1944 TO AND INCLUDING OCTOBER 23, 1944, PAYABLE FROM THE APPROPRIATION ,8051010.001, SALARIES AND EXPENSES, PUBLIC BUILDINGS AND GROUNDS IN THE DISTRICT OF COLUMBIA AND ADJACENT AREAS, PUBLIC BUILDINGS ADMINISTRATION, 1945.'

A REPLY AT YOUR EARLIEST CONVENIENCE WILL BE APPRECIATED AS TO WHETHER MRS. THOMSON CAN BE PROPERLY REAPPOINTED AS CLERK 1STENOGRAPHER, CAF-3, $1,800 PER ANNUM, THE SALARY SHE WAS RECEIVING AT THE TIME OF HER SEPARATION FROM THIS OFFICE AND THE ATTACHED VOUCHER CERTIFIED FOR PAYMENT AS PREPARED, OR SHOULD SHE BE REAPPOINTED AS CLERK-1STENOGRAPHER, CAF-3, $1,620 PER ANNUM, THE SALARY SHE WAS RECEIVING AT THE TIME OF HER SEPARATION FROM THE WAR DEPARTMENT.

AN EMPLOYEE MAY BE REINSTATED AT AN INITIAL SALARY RATE NOT IN EXCESS OF THE SALARY RATE WHICH WAS RECEIVED WHEN HE WAS LAST SEPARATED FROM THE FEDERAL SERVICE IN A SALARIED POSITION REGARDLESS OF THE AGENCY IN WHICH EMPLOYED, EXCEPT WHEN AN INCREASE OVER THAT RATE IS NECESSARY IN ORDER TO PAY THE MINIMUM SALARY RATE OF THE GRADE TO WHICH REINSTATED. 16 COMP. GEN. 598; 20 ID. 318. THE RULE MAY NOT BE APPLIED ON THE BASIS OF ANY FORMER SERVICE EVEN THOUGH IN THE SAME AGENCY FOR WHICH A SALARY RATE WAS PAID OTHER THAN THE LAST SALARIED POSITION. CF. 22 COMP. GEN. 925, INVOLVING A CASE WHERE AN INTERVENING PERIOD OF SERVICE WAS WITHOUT COMPENSATION. HENCE, IN THE CASE PRESENTED THE INITIAL SALARY RATE OF THE REINSTATED EMPLOYEE MAY NOT BE FIXED AT $1,800 PER ANNUM IN GRADE CAF-3, THE LAST SALARY RATE RECEIVED IN THE FEDERAL WORKS AGENCY, BUT AT $1,620 PER ANNUM THE SALARY RATE RECEIVED IN HER LAST FEDERAL SERVICE IN THE WAR DEPARTMENT. CF. DECISION OF SEPTEMBER 19, 1944, B-44393, 24 COMP. GEN. 226, TO THE SECRETARY OF AGRICULTURE.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO CERTIFY THE VOUCHER FOR PAYMENT.