B-58750, JUNE 27, 1946, 25 COMP. GEN. 907

B-58750: Jun 27, 1946

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IS FURTHER INCREASED BY 14 PERCENTUM BY OPERATION OF SECTION 6 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946. 25 COMP. IS APPLICABLE ON A PRO RATA BASIS IN THE CASE OF PERSONS NOT IN A PAY STATUS ON EACH WORKDAY IN A YEAR. 1946: I HAVE YOUR LETTER OF JUNE 17. AS FOLLOWS: INASMUCH AS VOUCHERS COVERING THE STATUTORY PER DIEMS CLAIMED BY SUPERVISING CONCILIATION COMMISSIONERS FOR THEIR SERVICES ARE PAID BY THE DISBURSING OFFICER OF THIS OFFICE. SUPERVISING CONCILIATION COMMISSIONERS ARE APPOINTED BY THE RESPECTIVE UNITED STATES DISTRICT COURTS AND HAVE SUCH SUPERVISORY FUNCTIONS AS THE COURT MAY BY ORDER SPECIFY. GEN. 158) HOLDS THAT THE MAXIMUM RATE OF $10.00 PER DIEM AUTHORIZED TO BE PAID EACH SUPERVISING CONCILIATION COMMISSIONER IS INCREASED TO $11.46 BY OPERATION OF SECTION 521 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 ( PUBLIC LAW 106.

B-58750, JUNE 27, 1946, 25 COMP. GEN. 907

FEDERAL EMPLOYEES PAY ACT OF 1946 - SUPERVISING CONCILIATION COMMISSIONERS THE MAXIMUM PER DIEM RATE OF $10 WHICH MAY BE FIXED BY THE COURT FOR SUPERVISING CONCILIATION COMMISSIONERS (11 U.S.C. 203 (B) (, AS INCREASED TO $11.46 PER DIEM BY OPERATION OF SECTION 521 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, IS FURTHER INCREASED BY 14 PERCENTUM BY OPERATION OF SECTION 6 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946. 25 COMP. GEN. 158, AMPLIFIED. THE $250 PER ANNUM INCREASE IN BASIC COMPENSATION AUTHORIZED FOR JUDICIAL EMPLOYEES BY SECTION 6 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, WHEN MORE THAN THE PERCENTAGE INCREASE AUTHORIZED THEREIN, PROVIDED SUCH $250 RATE DOES NOT EXCEED 25 PERCENTUM OF THE OLD RATE, IS APPLICABLE ON A PRO RATA BASIS IN THE CASE OF PERSONS NOT IN A PAY STATUS ON EACH WORKDAY IN A YEAR.

ACTING COMPTROLLER GENERAL YATES TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, JUNE 27, 1946:

I HAVE YOUR LETTER OF JUNE 17, 1946, AS FOLLOWS:

INASMUCH AS VOUCHERS COVERING THE STATUTORY PER DIEMS CLAIMED BY SUPERVISING CONCILIATION COMMISSIONERS FOR THEIR SERVICES ARE PAID BY THE DISBURSING OFFICER OF THIS OFFICE, UPON APPROVAL OF OUR AUDIT SECTION, THE QUESTION HAS ARISEN REGARDING THE FORMULA TO FOLLOW IN APPLYING TO THE COMPENSATION OF THESE OFFICERS THE BENEFITS OF SECTION 2 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 ( PUBLIC LAW 390, 79TH CONGRESS, APPROVED MAY 24, 1946).

SUPERVISING CONCILIATION COMMISSIONERS ARE APPOINTED BY THE RESPECTIVE UNITED STATES DISTRICT COURTS AND HAVE SUCH SUPERVISORY FUNCTIONS AS THE COURT MAY BY ORDER SPECIFY; THEIR COMPENSATION CONSISTS OF A PER DIEM ALLOWANCE FIXED BY THE COURT IN AN AMOUNT NOT IN EXCESS OF $10.00 PER DAY, PAYABLE OUT OF THE TREASURY (11 USC, SUPPLEMENT IV, 203 (B). YOUR DECISION ADDRESSED TO THIS OFFICE UNDER DATE OF AUGUST 7, 1945 (B-51326) (25 COMP. GEN. 158) HOLDS THAT THE MAXIMUM RATE OF $10.00 PER DIEM AUTHORIZED TO BE PAID EACH SUPERVISING CONCILIATION COMMISSIONER IS INCREASED TO $11.46 BY OPERATION OF SECTION 521 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 ( PUBLIC LAW 106, APPROVED JUNE 30, 1945), PROVIDED THE COURT IN ITS DISCRETION, AS PROVIDED BY STATUTE DESIRES TO FIX THE PER DIEM RATE AT THE INCREASED MAXIMUM. THIS RULING ALSO CITED AS PERTINENT THE FORMULA CONTAINED IN A PRIOR RULING (B-47471) (25 COMP. GEN. 138) TO THE ATTORNEY GENERAL REGARDING BAILIFFS.

UNDER SECTION 5 (A) (6 (A) ( OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 THE FIRST SENTENCE OF SECTION 501 (521) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 IS AMENDED BY ADDING THERETO THE FOLLOWING: "PLUS (A)14 PERCENTUM OF HIS RATE OF COMPENSATION (INCLUDING THE ADDITIONS THERETO RESULTING FROM THE APPLICATION OF THE FOREGOING PERCENTAGES), OR (B) $250.00 PER ANNUM, WHICHEVER IS THE GREATER, EXCEPT THAT SUCH RATE OF COMPENSATION SHALL NOT BE INCREASED BY MORE THAN 25 PERCENTUM.'

I REQUEST, THEREFORE, YOUR ADVICE AS TO WHETHER THE FORMULA HERETOFORE PRESCRIBED MAY BE USED IN COMPUTING THE NEW MAXIMUM ALLOWABLE TO SUPERVISING CONCILIATION COMMISSIONERS, SUBJECT, OF COURSE, TO AFFIRMATIVE ACTION BY THE COURT, BY ADDING 14 PERCENTUM TO THE FORMER PER ANNUM EQUIVALENT TO THE DAILY RATE OF $11.46 WHICH INDICATES A NEW RATE $13.06. SECONDLY, WOULD THOSE OFFICERS EARNING LESS ADDITIONAL COMPENSATION THAN $250.00 PER ANNUM AT THE RATE OF 14 PERCENT RECEIVE 25 PERCENT OF THE OLD PER DIEM RATE OF $11.46 FOR THE DAYS ACTUALLY WORKED?

AS THE COURTS MUST FIRST FIX BY APPROPRIATE ORDER THE NEW RATES, AND AS THE NEW PAY ACT BECOMES EFFECTIVE JULY 1, 1946, I ASK THAT YOUR ANSWER BE GIVEN AT THE EARLIEST POSSIBLE DATE.

IN VIEW OF THE PROVISIONS OF SECTION 6 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 217, WHICH ARE SET FORTH IN THE ABOVE-QUOTED LETTER, IT IS CLEAR THAT A COURT IS AUTHORIZED TO INCREASE BY 14 PERCENTUM, EFFECTIVE JULY 1, 1946, THE MAXIMUM BASIC DAILY RATE OF $11.46 THERETOFORE PAYABLE TO A SUPERVISING CONCILIATION COMMISSIONER. THEREFORE, THE FIRST QUESTION PRESENTED IN YOUR LETTER, SUPRA, IS ANSWERED IN THE AFFIRMATIVE.

WITH RESPECT TO YOUR SECOND QUESTION, IT APPEARS THAT A REASONABLE INTERPRETATION OF THE STATUTORY PROVISION IN QUESTION REQUIRES THE CONCLUSION THAT THE ALTERNATE INCREASE OF $250 PER ANNUM PRESCRIBED THEREBY CONTEMPLATES PERSONS IN A PAY STATUS ON EACH WORKDAY IN A YEAR AND IS FOR APPLICATION ON A PRO RATA BASIS IN THE CASE OF PERSONS NOT SO EMPLOYED. COMPARE IN THIS CONNECTION THE PROVISIONS OF SECTION 604 (D) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 295, 304, PRESCRIBING THE RULE FOR FOLLOWING IN A CASE WHERE IT IS NECESSARY TO CONVERT A BASIC MONTHLY OR ANNUAL RATE TO A BASIC WEEKLY, DAILY, OR HOURLY RATE. AS THE INCREASE OF 14 PERCENTUM ON THE MAXIMUM BASIC DAILY RATE OF $11.46 PREVIOUSLY PAYABLE TO A SUPERVISING CONCILIATION COMMISSIONER GIVES A DAILY INCREASE OF $1.60 AND THERE ARE 260 WORKING DAYS IN A YEAR IT IS OBVIOUS THAT THE INCREASE EXCEEDS THE RATE OF $250 PER ANNUM. CONSEQUENTLY, YOUR SECOND QUESTION IS ANSWERED IN THE NEGATIVE.