B-79913, NOVEMBER 12, 1948, 28 COMP. GEN. 303

B-79913, NOVEMBER 12, 1948, 28 COMP. GEN. 303

POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - APPLICABILITY TO SPECIAL ASSISTANTS TO SECRETARY OF DEFENSE, UNDER SECRETARIES AND ASSISTANT SECRETARIES OF ARMY, NAVY, AND AIR FORCE PERSONS OCCUPYING POSITIONS AS SPECIAL ASSISTANTS TO THE SECRETARY OF DEFENSE, AND UNDER SECRETARIES AND ASSISTANT SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE, FOR WHICH THE EXISTING RATE OF COMPENSATION ($10,000 PER ANNUM) IS PRESCRIBED BY SECTIONS 204 (A) AND 302, RESPECTIVELY, OF THE NATIONAL SECURITY ACT OF 1947, ARE NOT OFFICERS AND EMPLOYEES "WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946," AS SPECIFICALLY REQUIRED BY SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, SO AS TO BE ENTITLED TO THE $330 PER ANNUM ADDITIONAL COMPENSATION PROVIDED THEREIN.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF DEFENSE, NOVEMBER 12, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 7, 1948, REQUESTING DECISION AS TO WHETHER THE PROVISIONS OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, PUBLIC LAW 900, APPROVED JULY 3, 1948--- GRANTING ADDITIONAL COMPENSATION TO CERTAIN EMPLOYEES OF THE FEDERAL GOVERNMENT--- ARE APPLICABLE TO SPECIAL ASSISTANTS TO THE SECRETARY OF DEFENSE AND TO UNDER SECRETARIES AND ASSISTANT SECRETARIES OF THE ARMY, THE NAVY, AND THE AIR FORCE, WHOSE COMPENSATION IS FIXED AT THE RATE OF $10,000 A YEAR PURSUANT TO THE PROVISIONS OF SECTIONS 204 (A) AND 302, RESPECTIVELY, OF THE NATIONAL SECURITY ACT, PUBLIC LAW 253, APPROVED JULY 26, 1947, 61 STAT. 495, 500, 507.

SECTION 301 OF PUBLIC LAW 900, 62 STAT. 1267, 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.

THE ABOVE-QUOTED SECTION EXPRESSLY PROVIDES, INTER ALIA, THAT EACH OFFICER AND EMPLOYEE OF THE FEDERAL 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. SECTION 2 OF THE SAID FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, REFERS TO INCREASES IN COMPENSATION RATES PRESCRIBED BY THE CLASSIFICATION ACT OF 1923, AS AMENDED. SECTION 3 OF THAT ACT, 60 STAT. 216, IS DIRECTED TO INCREASES IN PAY RATES FOR CERTAIN CUSTOMS AND IMMIGRATION EMPLOYEES, AND SECTIONS 5 AND 6, 60 STAT. 217, PROVIDE FOR INCREASES IN PAY RATES FOR EMPLOYEES IN THE LEGISLATIVE AND JUDICIAL BRANCHES, RESPECTIVELY. CLEARLY, THE POSITIONS WHICH ARE THE SUBJECT OF YOUR LETTER ARE NOT COVERED BY ANY OF THE ABOVE-MENTIONED SECTIONS OF THE 1946 PAY STATUTE. HENCE, THERE REMAINS FOR CONSIDERATION ONLY SECTION 4 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, WHICH PROVIDES:

SEC. 4. RATES OF BASIC COMPENSATION SPECIFICALLY PROVIDED BY STATUTE (INCLUDING ANY INCREASE HEREIN COMPUTED IN ACCORDANCE WITH SECTION 602 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945), FOR POSITIONS IN THE EXECUTIVE BRANCH OR THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT WHICH ARE NOT INCLUDED IN SECTION 102, AS AMENDED, OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 OR IN THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1945, AND ARE NOT INCREASED BY ANY OTHER PROVISION OF THIS ACT, ARE HEREBY INCREASED BY 14 PERCENTUM OR $250 PER ANNUM WHICHEVER IS THE GREATER, EXCEPT THAT NO SUCH RATE SHALL BE INCREASED BY MORE THAN 25 PERCENTUM. SUCH AUGMENTED RATES SHALL BE CONSIDERED TO BE THE REGULAR RATES OF BASIC COMPENSATION.

IN THE ABSENCE OF A CLEAR INDICATION TO THE CONTRARY, THE ABOVE QUOTED SECTION NECESSARILY APPLIES ONLY TO THOSE RATES OF BASIC COMPENSATION SPECIFICALLY PROVIDED BY STATUTES WHICH WERE IN EXISTENCE ON JULY 1, 1946- -- THE DATE THAT SECTION BECAME EFFECTIVE. AS STATED ABOVE, EXISTING RATES OF COMPENSATION FOR SPECIAL ASSISTANTS TO THE SECRETARY OF DEFENSE AND FOR UNDER SECRETARIES AND ASSISTANT SECRETARIES OF THE ARMY, THE NAVY, AN THE AIR FORCE ARE PRESCRIBED BY SECTIONS 204 (A) AND 302 OF THE NATIONAL SECURITY ACT, APPROVED JULY 26, 1947--- SUBSEQUENT TO THE ENACTMENT OF THE SAID FEDERAL EMPLOYEES PAY ACT OF 1946. CONSEQUENTLY, PERSONS OCCUPYING SUCH POSITIONS ARE NOT OFFICERS AND EMPLOYEES "WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946," AS SPECIFICALLY REQUIRED BY SECTION 301 OF PUBLIC LAW 900, SUPRA, AS A PREREQUISITE TO ENTITLEMENT TO THE $330 ADDITIONAL COMPENSATION AUTHORIZED THEREUNDER. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.