B-91649, JANUARY 19, 1950, 29 COMP. GEN. 307

B-91649: Jan 19, 1950

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO A POSITION FOR WHICH ANNUAL SALARY IS PAID IN TWELVE EQUAL MONTHLY INSTALLMENTS. 1950: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 23. GRIFFITH "WAS PROMOTED FROM TEACHER. IS STATED AS FOLLOWS: CHART FOR THE PERIOD JULY 1-1SEPT. 15. - 277.75 IT IS STATED IN YOUR LETTER THAT MR. GRIFFITH INSISTS HE SHOULD HAVE BEEN PAID THE ENTIRE $330 ADDITIONAL AS HE WAS AN EMPLOYEE OF THE BOARD OF EDUCATION FOR THE ENTIRE YEAR AND. HE IS CLAIMING $52.25 ADDITIONAL COMPENSATION. HE WAS ENTITLED TO HIS SALARY AS TEACHER INCREASED BY THE PROPORTIONATE PART OF THE $330 RETROACTIVE INCREASE FOR ONLY 15 DAYS PRIOR TO HIS PROMOTION. NOT BEING ONE OF THE CLASSES FOR WHICH THE TEN MONTHS' SALARY PAYMENTS ARE PROVIDED.

B-91649, JANUARY 19, 1950, 29 COMP. GEN. 307

DISTRICT OF COLUMBIA SCHOOL TEACHERS - COMPENSATION - COMPUTATION OF $330 RETROACTIVE INCREASE AUTHORIZED BY ACT OF JUNE 30, 1949 IN COMPUTING THE $330 RETROACTIVE INCREASE AUTHORIZED FOR DISTRICT OF COLUMBIA BOARD OF EDUCATION EMPLOYEES BY SECTION 3 OF THE ACT OF JUNE 30, 1949, A TEACHER PROMOTED ON SEPTEMBER 16, 1948, FROM A POSITION WITH ANNUAL SALARY PAYABLE BY LAW IN TEN EQUAL MONTHLY INSTALLMENTS, SEPTEMBER THROUGH JUNE, TO A POSITION FOR WHICH ANNUAL SALARY IS PAID IN TWELVE EQUAL MONTHLY INSTALLMENTS, SHALL RECEIVE ONE TENTH OF THE INCREASE, PRORATED ON A DAILY BASIS, FOR THE DAYS SERVED IN SEPTEMBER PRIOR TO THE PROMOTION, AND ONE-TWELFTH OF THE INCREASE FOR EACH MONTH THEREAFTER.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JANUARY 19, 1950:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 23, 1949, REQUESTING DECISION WITH RESPECT TO THE CORRECT COMPUTATION OF THE COMPENSATION DUE EUGENE E. GRIFFITH, ASSISTANT PRINCIPAL AT THE ANACOSTIA HIGH SCHOOL, FOR THE FISCAL YEAR 1949, SO FAR AS CONCERNS THE $330 RETROACTIVE INCREASE IN COMPENSATION PROVIDED UNDER SECTION 3 OF PUBLIC LAW 151, APPROVED JUNE 30, 1949, 63 STAT. 376.

YOU STATE THAT MR. GRIFFITH "WAS PROMOTED FROM TEACHER, CLASS 3C, AT A SALARY OF $4,000 PER ANNUM PAYABLE IN TEN EQUAL MONTHLY PAYMENTS, TO ASSISTANT PRINCIPAL, CLASS 16, AT A SALARY OF $4,500 PER ANNUM PAYABLE IN TWELVE EQUAL MONTHLY PAYMENTS, EFFECTIVE SEPTEMBER 16, 1948.' THE COMPUTATION OF HIS SALARY, INCLUDING THE $330 ADDITIONAL COMPENSATION, IS STATED AS FOLLOWS: CHART

FOR THE PERIOD JULY 1-1SEPT. 15, 1948, $4,330 DIVIDED BY 300 EQUALS $14.43333 TIMES 15 DAYS EQUALS ----------------------- $216.50

FOR THE PERIOD SEPT. 16, 1948-1JUNE 30, 1949, $4,830 DIVIDED BY 300 (360) EQUALS $13.41666 TIMES 285 DAYS EQUALS ------------------------- --------- ------------------ 3,823.75

TOTAL EARNED JULY 1, 1948-1JUNE 30, 1949 ----------- 4,040.25 AMOUNT PAID PRIOR TO ENACTMENT OF PUBLIC LAW 151 --------- 3,762.50

BALANCE PAID SUBSEQUENT TO JUNE 30, 1949,

$330 LESS $52.25 ------------------------------------- 277.75

IT IS STATED IN YOUR LETTER THAT MR. GRIFFITH INSISTS HE SHOULD HAVE BEEN PAID THE ENTIRE $330 ADDITIONAL AS HE WAS AN EMPLOYEE OF THE BOARD OF EDUCATION FOR THE ENTIRE YEAR AND, ACCORDINGLY, HE IS CLAIMING $52.25 ADDITIONAL COMPENSATION.

SECTION 17 OF THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF JULY 7, 1947, 61 STAT. 259, PROVIDES THAT ALL EMPLOYEES ASSIGNED TO SALARY CLASSES FROM 1 TO 12, INCLUSIVE, AND ALL ATTENDANCE OFFICERS ASSIGNED TO CLASS 32 SHALL BE CLASSIFIED AS TEACHERS AND THEIR ANNUAL SALARY SHALL BE PAID IN TEN MONTHLY INSTALLMENTS IN ACCORDANCE WITH EXISTING LAW. THE EXISTING LAW APPEARS TO BE THE ACT OF MAY 26, 1908, 35 STAT. 291, WHICH PROVIDES THAT THE SALARY OF TEACHERS AND CLERKS AND LIBRARIANS IN THE HIGH AND MANUAL TRAINING SCHOOLS SHALL BEGIN WITH THE FIRST DAY OF SEPTEMBER, THE FIRST PAYMENT TO BE MADE ON THE FIRST OF OCTOBER OR AS NEAR THAT DATE AS PRACTICABLE AND PAYMENT FOR THE MONTH OF JUNE TO BE MADE UPON COMPLETION OF THE SCHOOL TERM IN JUNE. 31 D.C. CODE 609 AND 655.

AS MR. GRIFFITH'S SALARY AS TEACHER FOR THE FISCAL YEAR 1949 DID NOT BEGIN UNTIL SEPTEMBER 1, 1948, HE WAS ENTITLED TO HIS SALARY AS TEACHER INCREASED BY THE PROPORTIONATE PART OF THE $330 RETROACTIVE INCREASE FOR ONLY 15 DAYS PRIOR TO HIS PROMOTION. FOR THE REMAINDER OF THE FISCAL YEAR HIS SALARY AS ASSISTANT PRINCIPAL, NOT BEING ONE OF THE CLASSES FOR WHICH THE TEN MONTHS' SALARY PAYMENTS ARE PROVIDED, WAS REQUIRED TO BE PAID IN MONTHLY INSTALLMENTS OF ONE-TWELFTH OF THE PER ANNUM SALARY FOR EACH MONTH. ON THAT BASIS, THE PERIOD BEGINNING SEPTEMBER 16, 1948, AND ENDING JUNE 30, 1949, COVERED 9 1/2 MONTHS, OR 285 DAYS. ACCORDINGLY, THE COMPUTATION SET FORTH ABOVE IS IN ACCORDANCE WITH EXISTING LAW, AND MR. GRIFFITH HAS BEEN PAID ALL THE COMPENSATION TO WHICH HE WAS ENTITLED FOR THAT FISCAL YEAR.