B-92118, FEBRUARY 10, 1950, 29 COMP. GEN. 320

B-92118, FEBRUARY 10, 1950, 29 COMP. GEN. 320

COMPENSATION - DISCHARGES, SUSPENSIONS, ETC.; AFFIDAVITS - ACT OF JUNE 10, 1948 IN COMPUTING THE RETROACTIVE COMPENSATION PAYABLE UNDER THE ACT OF JUNE 10, 1948, FOR PERIOD OF AN EMPLOYEE'S UNJUSTIFIED OR UNWARRANTED REMOVAL OR SUSPENSION FROM SERVICE, GIFTS OR LOANS OF MONEY MADE TO THE EMPLOYEE ARE NOT TO BE REGARDED AS MONEYS "EARNED BY HIM THROUGH OTHER EMPLOYMENT DURING SUCH PERIOD," SO AS TO REQUIRE DEDUCTION THEREOF FROM THE COMPENSATION ALLOWABLE. IN THE ABSENCE OF OTHER EVIDENCE TO THE CONTRARY, AN AFFIDAVIT SUBMITTED BY AN EMPLOYEE AS TO THE AMOUNT OF COMPENSATION EARNED THROUGH OTHER EMPLOYMENT DURING A PERIOD OF UNJUSTIFIED REMOVAL OR SUSPENSION FROM THE SERVICE MAY BE REGARDED AS ACCEPTABLE EVIDENCE OF THE AMOUNT TO BE DEDUCTED FROM THE RETROACTIVE COMPENSATION PAYABLE TO SUCH EMPLOYEE UNDER THE BACK-PAY PROVISIONS OF THE ACT OF JUNE 10, 1948.

COMPTROLLER GENERAL WARREN TO THE PUBLIC PRINTER, FEBRUARY 10, 1950:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1950, REQUESTING A DECISION AS TO WHETHER THE COMPENSATION TO WHICH AN EMPLOYEE OTHERWISE IS ENTITLED UNDER THE PROVISIONS OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 5 U.S.C. 652, FOR THE PERIOD OF HIS REMOVAL FROM THE SERVICE AS AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE IS SUBJECT TO A DEDUCTION OF THE TOTAL AMOUNT RECEIVED BY SUCH EMPLOYEE--- NOT IN EXCESS OF $400--- GIVEN TO HIM BY A FRIEND TO PAY FAMILY EXPENSES DURING SUCH PERIOD; ALSO, YOU REQUEST DECISION AS TO WHETHER AN AFFIDAVIT FROM THE EMPLOYEE AS TO THE AMOUNT OF COMPENSATION EARNED BY HIM DURING THE PERIOD OF HIS REMOVAL FROM THE SERVICE FULFILLS THE REQUIREMENTS OF THE STATUTE.

THE ABOVE-MENTIONED STATUTE, 62 STAT. 355, PROVIDES IN PERTINENT PART AS FOLLOWS:

* * * ANY PERSON REMOVED OR SUSPENDED WITHOUT PAY UNDER SUBSECTION (A) WHO, AFTER FILING A WRITTEN ANSWER TO THE CHARGES AS PROVIDED UNDER SUCH SUBSECTION OR AFTER ANY FURTHER APPEAL TO PROPER AUTHORITY AFTER RECEIPT OF AN ADVERSE DECISION ON THE ANSWER, IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH REMOVAL OR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED, SHALL BE PAID COMPENSATION AT THE RATE RECEIVED ON THE DATE OF SUCH REMOVAL OR SUSPENSION, FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS REMOVED OR SUSPENDED, LESS ANY AMOUNTS EARNED BY HIM THROUGH OTHER EMPLOYMENT DURING SUCH PERIOD, AND SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD. * * *

IT IS TO BE NOTED THAT SAID STATUTE PROVIDES ONLY FOR THE DEDUCTION OF "AMOUNTS EARNED * * * THROUGH OTHER EMPLOYMENT" FROM THE COMPENSATION OTHERWISE PAYABLE THEREUNDER DURING THE PERIOD OF AN EMPLOYEE'S REMOVAL OR SUSPENSION FROM THE SERVICE. IT SEEMS CLEAR THAT AMOUNTS RECEIVED BY AN EMPLOYEE THROUGH GIFTS OR LOANS TO ASSIST HIM IN MEETING FAMILY EXPENSES DURING A PERIOD OF NONEMPLOYMENT PROPERLY MAY NOT BE REGARDED AS HAVING BEEN "EARNED BY HIM THROUGH OTHER EMPLOYMENT.'

WITH RESPECT TO THE ACCEPTANCE OF AN AFFIDAVIT FROM AN EMPLOYEE AS EVIDENCE OF THE AMOUNT OF COMPENSATION EARNED BY HIM THROUGH OTHER EMPLOYMENT DURING A PERIOD OF REMOVAL OR SUSPENSION FROM THE SERVICE, YOU ARE ADVISED THAT THIS OFFICE PERCEIVES NO OBJECTION THERETO IN THE ABSENCE OF OTHER EVIDENCE TO THE CONTRARY.