B-87724, JULY 19, 1945, 29 COMP. GEN. 33

B-87724, JULY 19, 1945, 29 COMP. GEN. 33

DISTRICT OF COLUMBIA EMPLOYEES - COMPENSATION INCREASES UNDER ACT OF JULY 6, 1949 UNDER SECTIONS 2 (A) AND (B) OF THE ACT OF JULY 6, 1949--- AUTHORIZING THE PAYMENT OF ADDITIONAL COMPENSATION TO DISTRICT OF COLUMBIA GOVERNMENT EMPLOYEES AT THE RATE OF $330 PER ANNUM--- WHICH, IN EFFECT, PLACE SUCH EMPLOYEES IN THE SAME PAY STATUS BEGINNING WITH THE FIRST PAY PERIOD AFTER JUNE 30, 1948, IN WHICH THEY WOULD HAVE BEEN PLACED HAD THE $330 INCREASE NOT BEEN SUSPENDED BY SECTION 304 OF THE ACT OF JULY 3, 1948, EMPLOYEES WHO TRANSFERRED TO THE DISTRICT OF COLUMBIA GOVERNMENT FROM THE FEDERAL GOVERNMENT AT THE HIGHEST SALARY RATES ATTAINED IN FORMER POSITIONS SHOULD HAVE THEIR SALARY RATES ADJUSTED FROM THE DATE OF TRANSFER TO THE RATES PAYABLE HAD THE $330 INCREASE ORIGINALLY BEEN AUTHORIZED AT THE TIME OF TRANSFER. EMPLOYEES WHO WERE EMPLOYED IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF ENACTMENT OF THE ACT OF JULY 6, 1949, ARE ENTITLED TO THE ADDITIONAL COMPENSATION PROVIDED THEREIN FOR ALL PERIODS OF ACTUAL SERVICE RENDERED BY THEM BEGINNING WITH THE FIRST PAY PERIOD AFTER JUNE 30, 1948, IRRESPECTIVE OF WHETHER THEY HAD BEEN SEPARATED BY REDUCTION IN FORCE OR BY TRANSFER AND SUBSEQUENTLY REEMPLOYED OR REHIRED DURING A PERIOD PRIOR TO JULY 6, 1949. UNDER THE ACT OF JULY 6, 1949, AUTHORIZING THE PAYMENT OF ADDITIONAL COMPENSATION TO DISTRICT OF COLUMBIA GOVERNMENT EMPLOYEES AS OF THE FIRST DAY OF THE FIRST PAY PERIOD AFTER JUNE 30, 1948, AN EMPLOYEE WHO WAS SEPARATED BY REDUCTION IN FORCE AND REEMPLOYED SUBSEQUENT TO JUNE 30, 1948, BUT PRIOR TO JULY 6, 1949, IS NOT ENTITLED TO ANY INCREASE OR ADJUSTMENT IN THE LUMP SUM PAID FOR LEAVE UPON SEPARATION IN ORDER THAT SUCH ADDITIONAL COMPENSATION MIGHT BE REFLECTED IN THE LUMP-SUM PAYMENT.

ACTING COMPTROLLER GENERAL YATES TO THE CHAIRMAN, DISTRICT UNEMPLOYMENT COMPENSATION BOARD, JULY 19, 1949:

BY UNDATED LETTER, RECEIVED HERE JULY 8, 1949, THE DIRECTOR OF THE BOARD REQUESTS DECISION WITH RESPECT TO PROPER APPLICATION OF SECTION 2 OF THE ACT OF JULY 6, 1949, PUBLIC LAW 160, IN THE CASE OF FOUR EMPLOYEES, AS FOLLOWS:

1. EMPLOYEE "A"--- AN EMPLOYEE OF THE VETERANS ADMINISTRATION IN THE THIRD STEP OF GRADE CAF-11 AT $5733.60 TRANSFERRED TO THIS AGENCY ON MARCH 21, 1949, ON THE ASSUMPTION THAT HER SALARY COULD BE FIXED ON THE BASIS OF THE HIGHEST SALARY ATTAINED IN ANY PRIOR GOVERNMENT POSITION (SEE DECISION OF NOVEMBER 27, 1946, B-61181, 26 COMP. GEN. 368). SHE WAS EMPLOYED IN THE FOURTH STEP OF CAF-11 AT $5654.40. NOW THAT LEGISLATION HAS BEEN ENACTED TO PAY THE $330.00 RETROACTIVELY SHOULD "A-S" SALARY BE INCREASED TO $5984.40, THE FOURTH STEP OF CAF 11 OR $5733.60, THE THIRD STEP OF CAF- 11?

2. EMPLOYEE "B"--- AN EMPLOYEE OF U.S.E.S. IN THE SECOND STEP OF CAF-3 AT $2573.52 TRANSFERRED TO THIS AGENCY ON NOVEMBER 22, 1948, AND WAS APPOINTED IN THE THIRD STEP OF CAF-4 AT $2544.48, FOR THE SAME REASON AS EMPLOYEE IN QUESTION 1. NOW THAT THE $330.00 RETROACTIVE PAY RAISE HAS PASSED, SHOULD HIS SALARY BE INCREASED TO $2724.00, THE BOTTOM OF CAF-4 OR TO $2874.48, THE THIRD STEP OF CAF-4?

3. EMPLOYEE "C"--- WAS EMPLOYED BY THIS AGENCY PRIOR TO JULY 1, 1948. AUGUST 4, 1948, SHE WAS SEPARATED IN A REDUCTION IN FORCE AND WAS PAID A LUMP SUM FOR TERMINAL LEAVE. EMPLOYEE WAS RE-EMPLOYED ON SEPTEMBER 21, 1948, AND REFUNDED THE UNUSED PORTION OF LEAVE. IS THIS EMPLOYEE ENTITLED TO THE $330.00 INCREASE FOR THE PERIOD IN WHICH SHE WAS ON TERMINAL LEAVE AND FOR THE TIME PRIOR TO HER RE EMPLOYMENT?

4. EMPLOYEE "D"--- WAS AN EMPLOYEE OF THIS BOARD PRIOR TO JULY 1, 1948, AND WAS SEPARATED BY TRANSFER ON AUGUST 24, 1948. HE WAS REHIRED BY TRANSFER ON OCTOBER 4, 1948. IS HE ELIGIBLE FOR THE $330.00 INCREASE ON BOTH PERIODS OF EMPLOYMENT OR FROM HIS LAST ENTRANCE ON DUTY, OCTOBER 4, 1948?

SECTION 2 (A) AND (B) OF THE ACT OF JULY 6, 1949, PUBLIC LAW 160, 63 STAT. 408, PROVIDES:

(A) THE ADDITIONAL COMPENSATION PROVIDED BY THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 TO WHICH EMPLOYEES IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ARE ENTITLED, AS OF THE EFFECTIVE DATE OF THE DISTRICT OF COLUMBIA REVENUE ACT OF 1949, SHALL COMMENCE AS OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1948.

(B) NO ADDITIONAL COMPENSATION SHALL BE PAYABLE BY REASON OF THE ENACTMENT OF THIS SECTION IN THE CASE OF ANY PERSON WHO IS NOT AN EMPLOYEE IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF ENACTMENT OF THIS ACT.

SECTIONS 301, 304, AND 305 OF THE ACT OF JULY 3, 1948, PUBLIC LAW 900, 62 STAT. 1267, 1268, PROVIDE:

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.

SEC. 304. THE PROVISIONS OF THIS ACT GRANTING AN INCREASE IN COMPENSATION TO EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA SHALL NOT APPLY TO ANY EMPLOYEE IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA PRIOR TO THE TIME THAT LEGISLATION PROVIDING ADEQUATE REVENUES TO MEET THE OBLIGATION IN THE DISTRICT OF COLUMBIA IS ENACTED BY THE CONGRESS AND BECOMES EFFECTIVE.

SEC. 305. THIS TITLE SHALL TAKE EFFECT ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS AFTER JUNE 30, 1948.

THE EFFECT OF SECTION 2 (A) AND (B) OF PUBLIC LAW 160, GENERALLY, IS TO PLACE ALL EMPLOYEES AFFECTED THEREBY IN THE SAME PAY STATUS BEGINNING WITH THE FIRST PAY PERIOD AFTER JUNE 30, 1948, IN WHICH THEY WOULD HAVE BEEN PLACED HAD THE $330 INCREASE NOT BEEN SUSPENDED BY SECTION 304 OF PUBLIC LAW 900. ACCORDINGLY, WHILE, UPON THEIR TRANSFERS, IT WAS PROPER AT THE TIME TO GRANT EMPLOYEES A" AND "B" SALARY RATES NOT EXCEEDING THE HIGHEST SALARY RATES RECEIVED BY THEM IN THEIR FORMER POSITIONS (26 COMP. GEN. 368), SUCH SALARY RATES NOW ARE FOR CORRECTION AND ASSIGNMENT TO THE SALARY RATES WHICH WOULD HAVE BEEN PROPER HAD THE INCREASE OF $330 ORIGINALLY BEEN PAYABLE TO THE INVOLVED EMPLOYEES AT THE TIME OF TRANSFER. ACCORDINGLY, EMPLOYEE "A" SHOULD HAVE HER SALARY ADJUSTED TO THE RATE OF $5,733.60 FROM THE DATE OF HER TRANSFER TO YOUR BOARD. LIKEWISE, EMPLOYEE ,B" SHOULD BE GIVEN THE SALARY RATE OF $2,724, THE BOTTOM SALARY RATE IN CAF-4, FROM THE DATE OF HIS TRANSFER TO YOUR BOARD.

AS THE ONLY CONDITIONS IMPOSED BY PUBLIC LAW 160 UPON THE RETROACTIVE INCREASES SO GRANTED IS THAT THE EMPLOYEE MUST BE AN EMPLOYEE IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF THE ENACTMENT OF THAT ACT, THAT IS, ON JULY 6, 1949, IT FOLLOWS THAT EMPLOYEES "C" AND "D" ARE ENTITLED TO THE INCREASED COMPENSATION FOR ALL PERIODS OF ACTUAL SERVICE RENDERED BY THEM WITH YOUR BOARD BEGINNING WITH THE FIRST PAY PERIOD AFTER JUNE 30, 1948.

HOWEVER, NO INCREASE OR ADJUSTMENT IS AUTHORIZED IN THE LUMP-SUM PAYMENT FOR THE ANNUAL LEAVE TO EMPLOYEE "C," AS THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, AUTHORIZED PAYMENT FOR ACCRUED ANNUAL LEAVE TO THE EMPLOYEE'S CREDIT UPON SEPARATION TO "EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE.' THIS HAS BEEN CONSTRUED BY THIS OFFICE AS MEANING PAYMENT AT THE RATE OF COMPENSATION COMPUTED IN ACCORDANCE WITH THE LAWS OR REGULATIONS WHICH HAD BEEN ENACTED OR PROMULGATED, THAT IS, IN BEING, AT THE TIME OF AN EMPLOYEE'S SEPARATION FROM THE SERVICE. 26 COMP. GEN. 102; 27 ID. 330. ACCORDINGLY, AS THERE WAS NO LAW AUTHORIZING THE $330 INCREASE AT THE TIME EMPLOYEE "C" WAS SEPARATED FROM THE SERVICE, NO INCREASED PAYMENT FOR SUCH LUMP-SUM LEAVE NOW IS AUTHORIZED.