B-116122, JULY 10, 1953, 33 COMP. GEN. 24

B-116122: Jul 10, 1953

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

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

AUTHORIZES AN INCREASE IN THE PENSIONS OR RETIREMENT COMPENSATION OF RETIRED MEMBERS OF THE METROPOLITAN POLICE AND FIRE DEPARTMENTS WHEN THERE IS A PAY INCREASE FOR ACTIVE MEMBERS. THERE WAS NO INTENT ON THE PART OF CONGRESS TO AUTHORIZE PENSIONS TO BE INCREASED AFTER RETIREMENT BASED UPON LAPSE OF TIME IN A RETIRED STATUS. THEREFORE MEMBERS WHO RETIRED PRIOR TO THE EFFECTIVE DATE OF THE ACT ARE NOT ENTITLED TO INCLUDE. PRESCRIBES PAY PERIODS OF TWO ADMINISTRATIVE WORK WEEKS AND IS MADE SPECIFICALLY EFFECTIVE JULY 1. 1953: REFERENCE IS MADE TO YOUR LETTER OF JULY 7. OR HEREAFTER GRANTED BY LAW TO WHICH SUCH INDIVIDUAL WOULD BE ENTITLED IF HE WERE IN ACTIVE SERVICE. IT IS TATED: THE BILL ALSO PROPOSES TO * * * (3) REENACT.

B-116122, JULY 10, 1953, 33 COMP. GEN. 24

DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1953 - PAYROLLS AND RETIRED PAY - LONGEVITY INCREASES WHILE THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF JUNE 20, 1953, EFFECTIVE JULY 1, 1953, AUTHORIZES AN INCREASE IN THE PENSIONS OR RETIREMENT COMPENSATION OF RETIRED MEMBERS OF THE METROPOLITAN POLICE AND FIRE DEPARTMENTS WHEN THERE IS A PAY INCREASE FOR ACTIVE MEMBERS, THERE WAS NO INTENT ON THE PART OF CONGRESS TO AUTHORIZE PENSIONS TO BE INCREASED AFTER RETIREMENT BASED UPON LAPSE OF TIME IN A RETIRED STATUS, AND THEREFORE MEMBERS WHO RETIRED PRIOR TO THE EFFECTIVE DATE OF THE ACT ARE NOT ENTITLED TO INCLUDE, IN THE COMPUTATION OF PENSION BENEFITS, THE LONGEVITY INCREASES PROVIDED IN THE ACT FOR ACTIVE MEMBERS OF THE DEPARTMENTS. THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1953, WHICH GRANTS PAY INCREASES TO THE METROPOLITAN POLICE AND FIREMEN, PRESCRIBES PAY PERIODS OF TWO ADMINISTRATIVE WORK WEEKS AND IS MADE SPECIFICALLY EFFECTIVE JULY 1, 1953, SO THAT THE ACT REQUIRES THE ESTABLISHMENT OF PAY PERIODS BEGINNING JULY 1, 1953, AND A SEPARATE PAYROLL SHOULD BE MADE UP FOR COMPENSATION DUE FOR ANY DAYS PRECEDING THE EFFECTIVE DATE OF THE ACT AND FOR EACH 2 WEEKS THEREAFTER.

ACTING COMPTROLLER GENERAL FISHER TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JULY 10, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1953, REQUESTING DECISION AS TO (1) WHETHER MEMBERS OF THE METROPOLITAN POLICE AND FIRE DEPARTMENTS OF THE DISTRICT OF COLUMBIA RETIRED PRIOR TO JULY 1, 1953, WOULD BE ENTITLED TO LONGEVITY INCREASES PROVIDED IN SECTION 102 (A) OF PUBLIC LAW 74, 67 STAT. 73, APPROVED JUNE 20, 1953, IN THE COMPUTATION OF PENSION BENEFITS AS PROVIDED IN SECTION 301 OF TITLE 3 OF THAT ACT; AND (2) WHAT WOULD BE THE PROPER METHOD OF COMPUTING SALARY PAYMENTS FOR MEMBERS OF THE FIREFIGHTING FORCE OF THE FIRE DEPARTMENT WITH SCHEDULED TOURS OF DUTY AS INDICATED ON AN ATTACHED SCHEDULE FOR THE WEEK BEGINNING JUNE 28 AND ENDING JULY 4, 1953.

SECTION 101 OF THE ACT OF JUNE 20, 1953, PUBLIC LAW 74, 67 STAT. 72, INCREASES THE ANNUAL BASIC SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE, AND SECTION 201, 67 STAT. 74, MAKES SIMILAR INCREASES IN THE ANNUAL BASIC SALARY OF OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT. SECTIONS 102 (A) AND 202 (A), 67 STAT. 74, PROVIDE THAT THE ANNUAL BASIC SALARIES OF MEMBERS OF THE POLICE AND FIRE DEPARTMENTS ABOVE THAT OF PRIVATE AND EXCEPTING THE RESPECTIVE CHIEFS "SHALL BE INCREASED BY $120 AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING EACH 5-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE INCLUDING SERVICE IN SUCH GRADE RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.' BOTH SUBSECTIONS (E) OF SECTIONS 102 AND 202 FURTHER REQUIRE:

NO OFFICER OR MEMBER SHALL BE ENTITLED TO A LONGEVITY INCREASE FOR A5- YEAR PERIOD OF SERVICE UNLESS HE HAS MAINTAINED A RATING OF SATISFACTORY OR BETTER FOR SUCH PERIOD.

SECTION 301, 67 STAT. 75, OF TITLE III OF THE SAME ACT PROVIDES:

NOTWITHSTANDING SECTION 6 OF THE ACT ENTITLED " AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE AND FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA," APPROVED JULY 1, 1930 (46 STAT. 841, CH. 783, D.C. CODE, 1951 EDITION, SEC. 4-505), EACH INDIVIDUAL HERETOFORE OR HEREAFTER RETIRED FROM ACTIVE SERVICE AND ENTITLED TO RECEIVE A PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION UNDER THE PROVISIONS OF SECTION 12 OF THE ACT ENTITLED " AN ACT MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND SEVENTEEN, AND FOR OTHER PURPOSES" APPROVED SEPTEMBER 1, 1916 (39 STAT. 676), AS AMENDED, SHALL BE ENTITLED TO RECEIVE WITHOUT MAKING APPLICATION THEREFOR, WITH RESPECT TO EACH INCREASE IN SALARY GRANTED BY THIS ACT, OR HEREAFTER GRANTED BY LAW TO WHICH SUCH INDIVIDUAL WOULD BE ENTITLED IF HE WERE IN ACTIVE SERVICE, AN INCREASE IN HIS PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION. SUCH INCREASE SHALL BE IN AN AMOUNT WHICH BEARS THE SAME RATIO TO SUCH INCREASE IN SALARY AS THE AMOUNT OF EACH SUCH INDIVIDUAL'S PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION IN EFFECT ON THE DAY NEXT PRECEDING SUCH SALARY INCREASE. EACH INCREASE IN PENSION RELIEF ALLOWANCE OR RETIREMENT COMPENSATION UNDER THIS TITLE RESULTING FROM AN INCREASE IN SALARY SHALL TAKE EFFECT AS OF THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF SUCH INCREASE IN SALARY.

IN SENATE REPORT 384, ACCOMPANYING H.R. 3795, WHICH BECAME THE ABOVE PUBLIC LAW 74, IT IS TATED:

THE BILL ALSO PROPOSES TO * * * (3) REENACT, IN EFFECT, THE EQUALIZATION ACT OF FEBRUARY 17, 1923, WHICH GIVES TO RETIRED MEMBERS OF THE RESPECTIVE FORCES AUTOMATIC INCREASES IN THEIR PENSIONS WHENEVER THERE IS AN INCREASE IN PAY FOR ACTIVE MEMBERS OF THE FORCE.

THIS LATTER PROVISO IS CONTAINED IN SECTION 301 OF H.R. 3795. THOSE PERSONS ALREADY RETIRED PRIOR TO THE EFFECTIVE DATE OF THIS ACT WILL GET THE BENEFIT OF THE INCREASES IN BASIC COMPENSATION PROVIDED BY THIS ACT IN THE COMPUTATION OF THEIR PENSIONS OF RETIRED PAY; BUT SUCH INCREASES WILL NOT INCLUDE ANY INCREASES BASED ON LONGEVITY FOR SUCH RETIRED PERSONS. LONGEVITY INCREASES ARE INTENDED TO BENEFIT THOSE IN THE SERVICE AT THIS TIME, AND THOSE RETIRED HEREAFTER WILL GET THE BENEFIT OF SUCH LONGEVITY INCREASES.

THE INCREASE IN BASIC COMPENSATION PROVIDED IN SECTION 101 (A) AND 201 (A) ARE INCREASES ,GRANTED BY THIS ACT" AND, ACCORDINGLY, ARE TO BE TAKEN INTO CONSIDERATION IN RECOMPUTING PENSIONS OF RETIRED MEMBERS OF THE POLICE AND FIRE DEPARTMENTS. HOWEVER, LONGEVITY INCREASES UNDER SECTION 102 (A) AND SECTION 202 (A) ARE CONDITIONED UPON EACH 5-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE FOR WHICH THE INDIVIDUAL MUST HAVE AN EFFICIENCY RATING OF SATISFACTORY OR BETTER, WHICH OBVIOUSLY WOULD NOT DESCRIBE THE STATUS OF RETIRED MEMBERS OF SUCH FORCES WHO RENDER NO SERVICE AND RECEIVE NO EFFICIENCY RATINGS. THIS FACT, TOGETHER WITH THE STATEMENT IN THE ABOVE SENATE REPORT, INDICATES THAT THERE WAS NO INTENTION ON THE PART OF THE CONGRESS TO AUTHORIZE PENSIONS TO BE INCREASED AFTER RETIREMENT BASED UPON LAPSE OF TIME IN A RETIRED STATUS. THEREFORE, YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

WITH RESPECT TO THE SECOND QUESTION, SECTIONS 405, 67 STAT. 76, AND 407, 67 STAT. 77, OF PUBLIC LAW 74, PROVIDE:

SEC. 405. (A) FOR ALL PAY COMPUTATION PURPOSES AFFECTING EMPLOYEES COVERED BY THIS ACT, BASIC PER ANNUM RATES OF COMPENSATION ESTABLISHED BY THIS ACT SHALL BE REGARDED AS PAYMENT FOR EMPLOYMENT DURING FIFTY TWO BASIC ADMINISTRATIVE WORKWEEKS.

(B) WHENEVER FOR ANY SUCH PURPOSE IT IS NECESSARY TO CONVERT A BASIC ANNUAL RATE ESTABLISHED BY THIS ACT TO A BASIC BIWEEKLY, WEEKLY, OR DAILY RATE, THE FOLLOWING RULES SHALL GOVERN:

(A) AN ANNUAL RATE SHALL BE DIVIDED BY FIFTY-TWO OR TWENTY-SIX AS THE CASE MAY BE, TO DERIVE A WEEKLY OR BIWEEKLY RATE; OR

(B) A WEEKLY OR BIWEEKLY RATE SHALL BE DIVIDED BY FIVE OR TEN, AS THE CASE MAY BE, TO DERIVE A DAILY RATE. ALL RATES SHALL BE COMPUTED TO THE NEAREST CENT, COUNTING ONE-HALF CENT AND OVER AS A WHOLE CENT.

(C) FOR ALL OFFICERS AND EMPLOYEES REFERRED TO IN THIS ACT, EACH PAY PERIOD SHALL COVER TWO ADMINISTRATIVE WORKWEEKS.

SEC. 407. THIS ACT SHALL TAKE EFFECT ON JULY 1, 1953.

SECTION 2 (A) OF THE ACT OF JUNE 19, 1948, 62 STAT. 498 PROVIDES:

THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA ARE AUTHORIZED AND DIRECTED TO (1) ESTABLISH A WORKWEEK OF NOT MORE THAN SEVENTY HOURS FOR OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA ON NIGHT- PLATOON DUTY AND OF NOT MORE THAN FIFTY HOURS FOR SUCH OFFICERS AND MEMBERS ON DAY-PLATOON DUTY, AND (2) REQUIRE THAT THE HOURS OF WORK IN EACH SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF FIVE OF ANY SEVEN CONSECUTIVE DAYS. THE TWO DAYS OFF DUTY IN EACH SEVEN-DAY PERIOD TO WHICH EACH OFFICER AND MEMBER OF THE FIRE DEPARTMENT IS ENTITLED UNDER THIS SUBSECTION SHALL BE IN ADDITION TO HIS ANNUAL LEAVE AND SICK LEAVE ALLOWED BY LAW.

PRIOR TO JULY 1, 1953, THE COMPENSATION OF OFFICERS AND MEMBERS OF THE POLICE AND FIRE DEPARTMENTS WAS COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, AS EXTENDED TO THE POLICE AND FIRE DEPARTMENTS OF THE DISTRICT OF COLUMBIA BY SECTION 4 OF THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 195, 65 STAT. 607.

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

ACCORDINGLY, IT WOULD APPEAR THAT A SEPARATE PAYROLL SHOULD BE MADE UP FOR THE 3 DAYS PAY FOR JUNE AND FOR EACH 2 WEEKS THEREAFTER. IT IS BELIEVED THAT THIS WILL ELIMINATE ANY REQUIREMENT TO COMPUTE SEPARATELY THE COMPENSATION FOR THE FIRST 4 DAYS IN JULY, AS SAID 4 DAYS WILL BE MERGED WITH THE PAY PERIOD JULY 1 TO JULY 14, INCLUSIVE, FOR WHICH SECTION 405 PRESCRIBES THE METHOD OF COMPUTATION. YOUR SECOND QUESTION IS ANSWERED ACCORDINGLY.

Oct 28, 2020

Oct 27, 2020

Looking for more? Browse all our products here