B-90309, MAY 25, 1950, 29 COMP. GEN. 480

B-90309, MAY 25, 1950, 29 COMP. GEN. 480

PAY AND ALLOWANCES - SAVINGS PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 THE DATE THE PRESIDENT APPROVED THE CAREER COMPENSATION ACT OF 1949- - OCTOBER 12, 1949--- IS TO BE REGARDED AS THE DATE OF ITS ENACTMENT IN APPLYING THE SAVINGS PROVISIONS OF SECTION 515 (B), SO THAT A MARINE CORPS ENLISTED MAN WHO WAS DISCHARGED ON SEPTEMBER 30, 1949, AND REENLISTED ON OCTOBER 1, 1949, THE EFFECTIVE DATE OF THE ACT, MAY BE CONSIDERED AS SERVING IN AN ENLISTMENT CONTRACTED PRIOR TO SAID DATE OF ENACTMENT AND AS COMING WITHIN THE PURVIEW OF SAID SECTION 515 (B) SO AS TO BE ENTITLED, TO THE EXTENT OTHERWISE AUTHORIZED, TO CONTINUE TO RECEIVE THE TOTAL COMPENSATION TO WHICH ENTITLED ON THE DATE OF DISCHARGE.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. S. F. B. WOOD, U.S. MARINE CORPS, MAY 25, 1950:

THERE WAS RECEIVED BY ST ENDORSEMENT DATED OCTOBER 21, 1949, REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO ADJUST THE PAY RECORD OF SERGEANT JOHN A. MILLER, UNITED STATES MARINE CORPS, UPON REENLISTMENT OCTOBER 1, 1949, FOLLOWING HIS DISCHARGE THE PRECEDING DAY, ON THE BASIS SET FORTH IN YOUR LETTER.

IT IS STATED THAT ON SEPTEMBER 30, 1949, SERGEANT MILLER WAS ENTITLED TO BASE AND LONGEVITY PAY AT THE RATE OF $105 PER MONTH; THAT HE WAS ENTITLED TO ARMS QUALIFICATION PAY AT THE RATE OF $3 PER MONTH; AND THAT HE HAD IN EFFECT A CLASS A FAMILY ALLOWANCE FOR A WIFE AND ONE CHILD TO WHICH THE GOVERNMENT CONTRIBUTED $58 PER MONTH. THUS, ON SEPTEMBER 1949, THE ENLISTED MAN'S TOTAL COMPENSATION WAS $166 PER MONTH, WHEREAS HIS BASIC PAY THEREAFTER UNDER THE CAREER COMPENSATION ACT OF 1949 WOULD AMOUNT TO $132.50 PER MONTH. IT IS UNDERSTOOD THAT THE ONLY DOUBT IN THE MATTER IS WHETHER THE SAVINGS PROVISION IN SECTION 515 (B) OF THE CAREER COMPENSATION ACT OF 1949 IS APPLICABLE IN THE CASE OF AN ENLISTED MAN WHO WAS DISCHARGED ON SEPTEMBER 30, 1949, AND REENLISTED THE FOLLOWING DAY, OCTOBER 1, 1949.

SECTION 515 (B) OF THE SAID CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949, 63 STAT. 831, PROVIDES IN PART AS FOLLOWS:

ANY MEMBER WHO, ON THE EFFECTIVE DATE OF THIS ACT, IS SERVING IN AN ENLISTMENT CONTRACTED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR ANY MEMBER WHOSE ENLISTMENT TERMINATED IN THE PERIOD BETWEEN THE DATE OF ENACTMENT AND THE EFFECTIVE DATE OF THIS ACT, BOTH DATES INCLUSIVE, AND WHO HAS ENTERED INTO A NEW ENLISTMENT WITHIN ONE MONTH OF SUCH TERMINATION SHALL NOT, PRIOR TO THE EXPIRATION OF THE ENLISTMENT OR REENLISTMENT DESCRIBED ABOVE, OR JULY 1, 1942, WHICHEVER IS EARLIER, SUFFER ANY REDUCTION BY REASON OF THIS ACT IN THE TOTAL COMPENSATION WHICH HE IS ENTITLED TO RECEIVE UNDER ANY PROVISION OF LAW IN EFFECT ON THE DAY IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT * * *.

SECTION 533 OF THE SAID ACT, 63 STAT. 841, PROVIDES AS FOLLOWS:

(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION, THIS ACT SHALL BECOME EFFECTIVE ON OCTOBER 1, 1949, AND NO PAY, ALLOWANCES, OR BENEFITS PROVIDED HEREIN SHALL ACCRUE TO ANY PERSON FOR ANY PERIOD PRIOR THERETO.

(B) SECTION 515 OF THIS ACT SHALL BECOME EFFECTIVE ON THE DATE OF ENACTMENT OF THIS ACT.

(C) SUBSECTION (C) OF SECTION 531 OF THIS ACT SHALL BECOME EFFECTIVE ON JANUARY 1, 1950.

IT WILL BE NOTED THAT THE SAVINGS PROVISION IN SECTION 515 (B) IS APPLICABLE TO ANY PERSON WHO ,ON THE EFFECTIVE DATE OF THIS ACT" IS SERVING IN AN ENLISTMENT CONTRACTED "PRIOR TO THE DATE OF ENACTMENT OF THIS ACT.' THE EFFECTIVE DATE OF THE SAID ACT IS EXPRESSLY FIXED UNDER SECTION 533, SUPRA, AS OCTOBER 1, 1949, EXCEPT AS OTHERWISE PROVIDED THEREIN. WITH RESPECT TO THE DATE OF ENACTMENT, ONE OF THE DEFINITIONS OF THE WORD "ENACTMENT" APPEARING IN WEBSTER'S NEW INTERNATIONAL DICTIONARY, 2ND EDITION, IS "THE GIVING OF LEGISLATIVE SANCTION AND EXECUTIVE APPROVAL WHEREBY A BILL BECOMES AN ACT OR A LAW.' SEE, ALSO, 50 AM.JUR., STATUTES, SECTION 502; BRISTOL MANUFACTURING CORP. V. UNITED STATES, 2 F.1SUPP. 781; INTERNATIONAL LONGSHOREMEN'S ASSOCIATION V. NATIONAL TERMINALS CORP., 50 F.1SUPP. 26, AFFIRMED 139 F.2D 853. HENCE, THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT IS OCTOBER 12, 1949.

WHILE IT PROBABLY WAS NOT CONTEMPLATED AT THE TIME THE BILL WAS UNDER CONSIDERATION THAT THE EFFECTIVE DATE OF THE ACT WOULD BE PRIOR TO THE DATE OF ITS ENACTMENT, NEVERTHELESS IT MUST BE ASSUMED THAT THE POSSIBILITY OF SUCH AN EVENT WAS REALIZED BY THE CONGRESS, ESPECIALLY IN VIEW OF THE FACT THAT THE BILL AS FINALLY ENACTED WAS NOT PRESENTED TO THE PRESIDENT UNTIL MONDAY, OCTOBER 3, 1949, HAVING BEEN SIGNED BY THE PRESIDENT PRO TEM OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THURSDAY, SEPTEMBER 29, 1949. HOWEVER THAT MAY BE, THE FACT REMAINS THAT THE DATE OF APPROVAL BY THE PRESIDENT OF THE CAREER COMPENSATION ACT OF 1949 WAS OCTOBER 12, 1949, AND, IN THE ABSENCE OF SOME COMPELLING REASON TO THE CONTRARY, THIS OFFICE HAS NO ALTERNATIVE BUT TO REGARD SUCH DATE AS THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949 IN APPLYING THE PROVISIONS OF SECTION 515 (B). ACCORDINGLY, SERGEANT MILLER, WHO, ON OCTOBER 1, 1949, THE EFFECTIVE DATE OF THE ACT, WAS SERVING IN AN ENLISTMENT CONTRACTED PRIOR TO OCTOBER 12, 1949, THE DATE OF ENACTMENT, IS TO BE REGARDED AS WITHIN THE PURVIEW OF SECTION 515 (B) AND IS ENTITLED, TO THE EXTENT OTHERWISE AUTHORIZED, TO CONTINUE TO RECEIVE THE "TOTAL COMPENSATION" WHICH HE WAS ENTITLED TO RECEIVE ON SEPTEMBER 30, 1949.