B-6061, AUGUST 10, 1948, 28 COMP. GEN. 91

B-6061: Aug 10, 1948

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THE $330 ADDITIONAL COMPENSATION AUTHORIZED BY SAID SECTION 301 IS TO BE ADDED TO THE PER ANNUM SALARY RATE AND THE RATE THUS ESTABLISHED IS TO BE REDUCED TO A PART TIME RATE IN ACCORDANCE WITH SECTION 604 (D) (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. IS TO BE CONSIDERED AS FOR APPLICATION ONLY TO THOSE EMPLOYEES WHOSE HOURLY OR PART TIME RATES ARE FIXED OTHERWISE THAN BY COMPARISON WITH PER ANNUM CLASSIFIED SALARY RATES. AS FOLLOWS: THERE ARE ENCLOSED TWO COPIES OF SCHEDULE OF ANNUAL SALARY RATES FOR PART -TIME SERVICE AND SALARY TABLE FOR PART-TIME EMPLOYEES OF THE JUDICIARY FOR BIWEEKLY PAY PERIODS. THE SCHEDULE OF ANNUAL SALARY RATES FOR PART-TIME SERVICE IS FORMULATED BY THIS OFFICE TO STANDARDIZE THE RATES OF COMPENSATION FOR PART-TIME EMPLOYEES OF THE JUDICIARY BASED UPON THE CLASSIFICATION OF THEIR POSITIONS BY GRADES WHICH CONFORM WITH THE GRADES UNDER THE CLASSIFICATION ACT OF 1923.

B-6061, AUGUST 10, 1948, 28 COMP. GEN. 91

COMPENSATION - RATES - INCREASES UNDER POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - PART TIME EMPLOYEES IN COMPUTING THE RATES OF PAY OF EMPLOYEES OCCUPYING PART TIME CLASSIFIED POSITIONS AT RATES BASED UPON THE PER ANNUM SALARY RATES FIXED BY THE CLASSIFICATION ACT, AS FURTHER INCREASED BY SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, THE $330 ADDITIONAL COMPENSATION AUTHORIZED BY SAID SECTION 301 IS TO BE ADDED TO THE PER ANNUM SALARY RATE AND THE RATE THUS ESTABLISHED IS TO BE REDUCED TO A PART TIME RATE IN ACCORDANCE WITH SECTION 604 (D) (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. THE PROVISO TO SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, GRANTING 20 CENTS PER HOUR ADDITIONAL COMPENSATION TO EMPLOYEES PAID ON AN HOURLY OR PART TIME BASIS, IS TO BE CONSIDERED AS FOR APPLICATION ONLY TO THOSE EMPLOYEES WHOSE HOURLY OR PART TIME RATES ARE FIXED OTHERWISE THAN BY COMPARISON WITH PER ANNUM CLASSIFIED SALARY RATES.

COMPTROLLER GENERAL WARREN TO DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, AUGUST 10, 1948:

THERE HAS BEEN CONSIDERED A LETTER OF JULY 21, 1948, FROM THE ASSISTANT DIRECTOR, AS FOLLOWS:

THERE ARE ENCLOSED TWO COPIES OF SCHEDULE OF ANNUAL SALARY RATES FOR PART -TIME SERVICE AND SALARY TABLE FOR PART-TIME EMPLOYEES OF THE JUDICIARY FOR BIWEEKLY PAY PERIODS, FOR THE USE OF CERTIFYING AND DISBURSING OFFICERS OF THE FEDERAL JUDICIARY, EFFECTIVE WITH RESPECT TO SALARIES EARNED ON AND AFTER JULY 12, 1948. THE SCHEDULE AND TABLE INCORPORATE THE INCREASE IN COMPENSATION OF TWENTY CENTS PER HOUR PROVIDED BY THE FEDERAL EMPLOYEES SALARY ACT OF 1948, PUBLIC LAW 900, APPROVED JULY 3, 1948, FOR EMPLOYEES PAID ON AN HOURLY OR PART-TIME BASIS. THE TABLE PROVIDES ALSO FOR THE INCREASE FROM FIVE TO SIX PERCENT IN THE AMOUNT TO BE DEDUCTED FROM SALARIES FOR DEPOSIT TO THE CREDIT OF THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND IN ACCORDANCE WITH THE ACT OF FEBRUARY 28,1948, PUBLIC LAW 426.

THE SCHEDULE OF ANNUAL SALARY RATES FOR PART-TIME SERVICE IS FORMULATED BY THIS OFFICE TO STANDARDIZE THE RATES OF COMPENSATION FOR PART-TIME EMPLOYEES OF THE JUDICIARY BASED UPON THE CLASSIFICATION OF THEIR POSITIONS BY GRADES WHICH CONFORM WITH THE GRADES UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, FOR FULL-TIME SERVICE AND THE PROPORTION, EXPRESSED IN PERCENTAGES AND HOURS OF SERVICE ANNUALLY, THAT THE AVERAGE TIME EMPLOYED BEARS TO FULL TIME EMPLOYMENT. THE ANNUAL INCREASES, BASED UPON THE HOURLY RATE OF TWENTY CENTS UNDER THE FEDERAL EMPLOYEES SALARY ACT OF 1948, AND THE NEW BASIS ANNUAL RATES OF COMPENSATION ALSO ARE INDICATED IN THE SCHEDULE.

IT WILL BE APPRECIATED IF YOU WILL HAVE THE ACCURACY OF THE SCHEDULE AND TABLE VERIFIED AS SOON AS MAY BE PRACTICABLE AND INFORM ME OF YOUR APPROVAL OF THEM SO THAT THEY MAY BE PROMULGATED AT THE EARLIEST DATE POSSIBLE.

IT APPEARS FROM YOUR LETTER THAT THE PART-TIME SALARIES REFERRED TO THEREIN ARE BASED UPON PER ANNUM RATES FIXED BY THE CLASSIFICATION ACT FOR SIMILAR POSITIONS AND PRORATED UPON THE BASIS OF THE PERCENTAGE OF A FULL- TIME POSITION REQUIRED FOR THE PERFORMANCE OF THE PART-TIME JOB. THE SALARY SCHEDULES PROPOSED FOR USE IN CONNECTION WITH THE COMPENSATION INCREASE PROVIDED BY PUBLIC LAW 900 HAVE BEEN PREPARED TO SHOW SUCH PERCENTAGE METHOD IN COMPUTING PART-TIME SALARY RATES, PLUS AN ADDITIONAL 20 CENTS PER HOUR FOR EACH HOUR OF SERVICE AS AUTHORIZED BY SECTION 301 OF PUBLIC LAW 900, 62 STAT. 1267, WHICH PROVIDES:

SEC. 301. EXCEPT AS PROVIDED IN SECTION 303, EACH OFFICER AND EMPLOYEE OF THE FEDERAL GOVERNMENT, AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF $330 PER ANNUM: PROVIDED, THAT ANY EMPLOYEE PAID ON AN HOURLY OR PART-TIME BASIS SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF 20 CENTS PER HOUR.

WHILE A LITERAL INTERPRETATION OF THE PROVISO IN THE ABOVE-QUOTED SECTION WOULD SEEM TO WARRANT THE COMPUTATION OF PART-TIME INCREASES UNDER PUBLIC LAW 900 IN THE MANNER PROPOSED IN THE SUBMITTED SCHEDULES, IT IS NOT BELIEVED THAT IT WAS THE INTENTION OF THE CONGRESS THAT THE 20 CENTS PER HOUR INCREASE AUTHORIZED THEREIN HOULD BE GRANTED TO ALL PART-TIME EMPLOYEES IRRESPECTIVE OF THE MANNER IN WHICH THEIR BASIC COMPENSATION IS COMPUTED. IT IS BEYOND QUESTION THAT A FULL-TIME EMPLOYEE OCCUPYING A CLASSIFIED POSITION BECOMES ENTITLED TO THE INCREASE OF $330 PER ANNUM, WHICH THUS BECOMES A PART OF HIS PER ANNUM CLASSIFIED SALARY. SECTION 604 (D) (2) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 304, PROVIDES:

(D) * * *

(2) WHENEVER FOR ANY SUCH PURPOSE IT IS NECESSARY TO CONVERT A BASIC MONTHLY OR ANNUAL RATE TO A BASIC WEEKLY, DAILY, OR HOURLY RATE, THE FOLLOWING RULES SHALL GOVERN:

(A) A MONTHLY RATE SHALL BE MULTIPLIED BY TWELVE TO DERIVE AN ANNUAL RATE;

(B) AN ANNUAL RATE SHALL BE DIVIDED BY FIFTY-TWO TO DERIVE A WEEKLY RATE;

(C) A WEEKLY RATE SHALL BE DIVIDED BY FORTY TO DERIVE AN HOURLY RATE; AND

(D) A DAILY RATE SHALL BE DERIVED BY MULTIPLYING AN HOURLY RATE BY THE NUMBER OF DAILY HOURS OF SERVICE REQUIRED.

AS PUBLIC LAW 900, SUPRA, INDICATES NO INTENTION ON THE PART OF THE CONGRESS TO REPEAL OR CHANGE THE METHOD SO PRESCRIBED BY STATUTE, THE COMPENSATION OF ALL PART-TIME CLASSIFIED POSITIONS SHOULD BE COMPUTED IN ACCORDANCE THEREWITH, THAT IS, IN COMPUTING THE RATES OF PAY OR PART TIME POSITIONS, THE RATES OF PAY OF WHICH ARE BASED UPON THE PER ANNUM RATES FIXED BY THE CLASSIFICATION ACT, $330 IS TO BE ADDED TO THE PER ANNUM SALARY RATE AN THE RATE THUS ESTABLISHED IS TO BE REDUCED TO A PART-TIME RATE IN ACCORDANCE WITH SECTION 604 (D) (2), SUPRA. THE PROVISO GRANTING 20 CENTS PER HOUR TO PER HOUR AND PART-TIME EMPLOYEES IS TO BE CONSIDERED AS FOR APPLICATION ONLY TO THOSE EMPLOYEES WHOSE HOURLY OR PART-TIME RATES ARE FIXED OTHERWISE THAN BY COMPARISON WITH PER ANNUM CLASSIFIED SALARY RATES.

IN VIEW OF THE FOREGOING, I MUST WITHHOLD MY APPROVAL OF THE SUBMITTED SALARY SCHEDULES, WHICH ARE RETURNED HEREWITH FOR COMPUTATION IN ACCORDANCE WITH THE FOREGOING.