B-83309, MARCH 11, 1949, 28 COMP. GEN. 508

B-83309: Mar 11, 1949

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IS ENTITLED TO HAVE HIS SALARY ADJUSTED AS OF THAT DATE ON THE BASIS OF CREDIT FOR SUCH WAR INDUSTRY SERVICE. REQUESTING A DECISION AS TO WHETHER A REGULAR CLERK IN THE POSTAL SERVICE MAY BE ALLOWED CREDIT FOR WAR TRANSFER SERVICE IN A PRIVATE INDUSTRY AND MAY HAVE HIS SALARY ADJUSTED EFFECTIVE JULY 1. NOTWITHSTANDING THE FACT THAT THE EMPLOYEE WAS RETRANSFERRED FROM PRIVATE INDUSTRY TO THE POSTAL SERVICE PRIOR TO JULY 1. IT IS STATED IN YOUR LETTER THAT. WAS TRANSFERRED TO PRIVATE INDUSTRY UNDER WAR SERVICE REGULATIONS WITH REEMPLOYMENT RIGHTS BUT THAT NO CREDIT FOR ABSENCES ON SUCH WAR TRANSFER WAS ALLOWED IN FIXING HIS SALARY RATE UPON RETRANSFER ON APRIL 16. IN CASE OF EMPLOYEES WHO HAVE BEEN SEPARATED FROM THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT TO COMPLY WITH A WAR TRANSFER AS DEFINED BY THE CIVIL SERVICE COMMISSION.

B-83309, MARCH 11, 1949, 28 COMP. GEN. 508

COMPENSATION - POSTAL SERVICE - SALARY ADJUSTMENT - CREDIT FOR WAR INDUSTRY TRANSFER UNDER SECTION 25 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, AS AMENDED BY SECTION 1 OF THE ACT OF JUNE 30, 1948--- EFFECTIVE JULY 1, 1945 --- AUTHORIZING THE COUNTING OF SERVICE UNDER A WAR TRANSFER TO PRIVATE INDUSTRY AS ALLOWABLE SERVICE FOR SALARY ADJUSTMENT PURPOSES, AN EMPLOYEE WHO HAD BEEN SEPARATED FROM THE POSTAL SERVICE TO COMPLY WITH A WAR INDUSTRY TRANSFER AND WHO HAD RETRANSFERRED TO THE POSTAL SERVICE PRIOR TO JULY 1, 1945, IS ENTITLED TO HAVE HIS SALARY ADJUSTED AS OF THAT DATE ON THE BASIS OF CREDIT FOR SUCH WAR INDUSTRY SERVICE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, MARCH 11, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 31, 1949, REFERENCE 12, REQUESTING A DECISION AS TO WHETHER A REGULAR CLERK IN THE POSTAL SERVICE MAY BE ALLOWED CREDIT FOR WAR TRANSFER SERVICE IN A PRIVATE INDUSTRY AND MAY HAVE HIS SALARY ADJUSTED EFFECTIVE JULY 1, 1945, UNDER THE ACT OF JUNE 30, 1948, PUBLIC LAW 850, 62 STAT. 1165, NOTWITHSTANDING THE FACT THAT THE EMPLOYEE WAS RETRANSFERRED FROM PRIVATE INDUSTRY TO THE POSTAL SERVICE PRIOR TO JULY 1, 1945, THE EFFECTIVE DATE OF PUBLIC LAW 850.

IT IS STATED IN YOUR LETTER THAT, ON APRIL 27, 1943, THE EMPLOYEE, A SUBSTITUTE CLERK, WAS TRANSFERRED TO PRIVATE INDUSTRY UNDER WAR SERVICE REGULATIONS WITH REEMPLOYMENT RIGHTS BUT THAT NO CREDIT FOR ABSENCES ON SUCH WAR TRANSFER WAS ALLOWED IN FIXING HIS SALARY RATE UPON RETRANSFER ON APRIL 16, 1945, TO THE POSTAL SERVICE.

SECTION 1 OF PUBLIC LAW 850 AMENDED SECTION 25 OF THE POSTAL SERVICE RECLASSIFICATION ACT OF JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 461, TO PROVIDE, AMONG OTHER THINGS, THAT, IN CASE OF EMPLOYEES WHO HAVE BEEN SEPARATED FROM THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT TO COMPLY WITH A WAR TRANSFER AS DEFINED BY THE CIVIL SERVICE COMMISSION, THE PERIODS OR TERMS OF SUCH SERVICE IMMEDIATELY PRECEDING SUCH TRANSFER, AS WELL AS THE SERVICE ON WAR TRANSFER, SHALL BE CONSTRUED AS ALLOWABLE SERVICE, AND THAT PRO RATA CREDIT SHALL BE GIVEN FOR SERVICE RENDERED ON A WAR TRANSFER FOR EACH YEAR OF SUCH SERVICE. UNDER SECTION 4, 62 STAT. 1165, THE AMENDMENT WAS MADE EFFECTIVE RETROACTIVELY TO JULY 1, 1945.

PUBLIC LAW 850 WAS ENACTED TO SUPPLY AN OMISSION IN THE LANGUAGE IN SECTION 25, PUBLIC LAW 134, WHICH FAILED TO AUTHORIZE CREDIT TO POSTAL EMPLOYEES FOR SERVICES RENDERED IN PRIVATE INDUSTRY OR ANY OTHER GOVERNMENT AGENCY UNDER WAR TRANSFERS, NOTWITHSTANDING THAT SUCH CREDIT WAS AUTHORIZED SPECIFICALLY FOR OTHER FEDERAL EMPLOYEES BY SECTION 402 (B) (4) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 299. SEE, IN THAT CONNECTION, SENATE REPORT NO. 1589, ACCOMPANYING S. 2730, WHICH BECAME PUBLIC LAW 850. HAVING REGARD FOR THE PURPOSE OF PUBLIC LAW 850 AND THE SPECIFIC DIRECTION CONTAINED THEREIN TO GIVE PRO RATA CREDIT FOR "SERVICE ON WAR TRANSFER FOR EACH YEAR OF SUCH SERVICE," IT IS CONCLUDED THAT THE STATUTE AUTHORIZED THE COUNTING OF SERVICE UNDER A WAR TRANSFER TO PRIVATE INDUSTRY, AS DEFINED BY THE CIVIL SERVICE COMMISSION, FOR SALARY ADJUSTMENT PURPOSES AS OF JULY 1, 1945, TO ANY POSTAL SERVICE EMPLOYEES WHO ON THAT DATE OTHERWISE MET THE TERMS AND CONDITIONS OF THE STATUTE, REGARDLESS OF THE FACT THAT THE EMPLOYEE MAY HAVE BEEN RETRANSFERRED TO THE POSTAL SERVICE PRIOR TO JULY 1, 1945. THEREFORE, THE EMPLOYEE HERE INVOLVED WHO HAD BEEN SEPARATED FROM THE POSTAL SERVICE TO COMPLY WITH A WAR TRANSFER TO PRIVATE INDUSTRY AND WHO HAD BEEN RETRANSFERRED TO THE POSTAL SERVICE PRIOR TO JULY 1, 1945, THE EFFECTIVE DATE OF PUBLIC LAW 850, IS ENTITLED TO HAVE HIS SALARY ADJUSTED AS OF JULY 1, 1945, ON THE BASIS OF CREDIT FOR SUCH SERVICE UNDER THE WAR TRANSFER PROVIDED HE OTHERWISE MEETS THE TERMS AND CONDITIONS OF THE STATUTE.