A-32117, JUNE 11, 1930, 9 COMP. GEN. 512

A-32117, JUNE 11, 1930, 9 COMP. GEN. 512

RETIREMENT - UNIFORM RETIREMENT DATE - NAVY OFFICERS WHEN AN OFFICER OF THE NAVY REACHES THE STATUTORY RETIREMENT AGE OF 64 YEARS ON THE FIRST DAY OF A MONTH, HIS RETIREMENT TAKES EFFECT ON THE FIRST DAY OF THE FOLLOWING MONTH, UNDER THE PROVISIONS OF THE ACT OF APRIL 23, 1930, 46 STAT. 253, EFFECTIVE JULY 1, 1930. ALL RETIREMENTS, AFTER JULY 1, 1930, INCLUDING THOSE FOR DISABILITY AND AFTER 30 YEARS' SERVICE, SHALL BE MADE EFFECTIVE ONLY ON THE FIRST DAY OF A MONTH, UNDER THE PROVISIONS OF THE ACT OF APRIL 23, 1930, 46 STAT. 253, AND RECOMMENDATIONS TO THE PRESIDENT IN CASES REQUIRING HIS APPROVAL SHOULD ACCORD THEREWITH. IN CASES IN WHICH THE PRESIDENT HERETOFORE HAS ACTED OR HEREAFTER MAY ACT APPROVING THE RETIREMENT AS EFFECTIVE ON ANY DAY DURING A MONTH OTHER THAN THE FIRST DAY THEREOF, AFTER JULY 1, 1930, THE RETIREMENT WILL BE EFFECTIVE FROM THE FIRST DAY OF THE NEXT SUCCEEDING MONTH WITHOUT FURTHER ACTION BY THE PRESIDENT. ONLY RETIRED PAY WOULD BE AUTHORIZED FOR THE FIRST DAY OF A MONTH ON WHICH RETIREMENT HAS BEEN MADE EFFECTIVE. IF AN OFFICER OF THE NAVY ATTAINS RETIREMENT AGE, OR OTHERWISE MEETS THE CONDITIONS NECESSARY FOR RETIREMENT, ON THE LAST DAY OF A MONTH HIS ACTIVE PAY CEASES WITH SAID DAY AND HIS RETIRED PAY BEGINS THE NEXT DAY, BUT IF AN OFFICER ATTAINS RETIREMENT AGE, ETC., ON THE FIRST DAY OF A MONTH HIS ACTIVE PAY CONTINUES TO THE END OF THAT MONTH--- IF OTHER CONDITIONS NECESSARY TO A PAY STATUS ARE MET--- AND HIS RETIRED PAY BEGINS WITH THE FIRST DAY OF THE NEXT MONTH. BEGINNING JULY 1, 1930, NO VACANCY INCIDENT TO RETIREMENT FOR ANY CAUSE CAN OCCUR ON ANY DATE OTHER THAN UPON THE FIRST DAY OF A MONTH, AND, IF OTHERWISE AUTHORIZED BY LAW, A PROMOTION TO FILL A VACANCY CAUSED BY A RETIREMENT MAY BE MADE EFFECTIVE ON THE DATE THE VACANCY EXISTS, TO WIT, THE FIRST DAY OF THE MONTH FOLLOWING THE TERMINATION OF THE ACTIVE STATUS OF THE RETIRING OFFICER, OR IN OTHER WORDS, THE SAME FIRST DAY OF THE MONTH THE RETIREMENT OF THE LAST INCUMBENT IS MADE EFFECTIVE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 11, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 3, 1930, REQUESTING DECISION OF THE FOLLOWING QUESTIONS ARISING UNDER THE ACT OF APRIL 23, 1930, 46 STAT. 253:

(A) IN A CASE WHEN AN OFFICER REACHES THE STATUTORY RETIREMENT AGE OF SIXTY-FOUR (64) YEARS ON THE FIRST DAY OF THE MONTH DOES HIS RETIREMENT "TAKE EFFECT ON THE 1ST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE?

(B) THE RETIREMENTS OF CERTAIN OFFICERS BECAUSE OF PHYSICAL INCAPACITY FOR SERVICE OR ON THEIR OWN APPLICATION AFTER THE COMPLETION OF THIRTY YEARS' SERVICE HAVE HERETOFORE BEEN APPROVED BY THE PRESIDENT TO TAKE EFFECT IN THE FUTURE ON DATES EARLIER THAN THE FIRST OF THE MONTH. IS IT NECESSARY THAT THESE CASES BE AGAIN REFERRED TO THE PRESIDENT FOR FURTHER DIRECTION THAT THE RETIREMENTS BE EFFECTED ON THE 1ST DAY OF THE FOLLOWING MONTH?

(C) IS THE OFFICER TO BE RETIRED ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE EFFECTIVE DATE OF RETIREMENT; THAT IS, FOR THE 1ST DAY OF THE MONTH?

(D) WHERE THE RETIREMENT OF AN OFFICER CREATES A VACANCY IN A GRADE, IS THE INCIDENT PROMOTION TO BE EFFECTIVE ON THE FOLLOWING DATE? IN THIS CONNECTION, THE BUREAU HAS HERETOFORE UNDERSTOOD THAT PROMOTIONS INCIDENT TO THE RETIREMENT OF AN OFFICER OTHER THAN FOR AGE ARE EFFECTIVE FROM THE DATE FOLLOWING THE RETIREMENT.

THE ACT OF APRIL 23, 1930, PROVIDES AS FOLLOWS:

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT HEREAFTER RETIREMENT AUTHORIZED BY LAW OF FEDERAL PERSONNEL OF WHATEVER CLASS, CIVIL, MILITARY, NAVAL, JUDICIAL, LEGISLATIVE, OR OTHERWISE, AND FOR WHATEVER CAUSE RETIRED, SHALL TAKE EFFECT ON THE 1ST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE, AND SAID 1ST DAY OF THE MONTH FOR RETIREMENTS HEREAFTER MADE SHALL BE FOR ALL PURPOSES IN LIEU OF SUCH DATE FOR RETIREMENT AS MAY NOW BE AUTHORIZED; EXCEPT THAT THE RATE OF ACTIVE OR RETIRED PAY OR ALLOWANCE SHALL BE COMPUTED AS OF THE DATE RETIREMENT WOULD HAVE OCCURRED IF THIS ACT HAD NOT BEEN ENACTED.

SECTION 2. THIS ACT SHALL BECOME EFFECTIVE JULY 1, 1930. ALL LAWS OR PARTS OF LAWS, IN SO FAR AS IN CONFLICT HEREWITH, ARE REPEALED.

QUESTION (A), SUPRA, IS ANSWERED IN THE AFFIRMATIVE. UNDER DATE OF JUNE 5, 1930, A-21625, THIS OFFICE APPROVED A PROPOSED REGULATION TO BE ISSUED BY THE SECRETARY OF THE INTERIOR CONTAINING A PROVISION TO THE SAME EFFECT IN THE APPLICATION OF THE CIVIL RETIREMENT ACT.

WITH REFERENCE TO QUESTION (B), IT MAY BE SAID THAT THE EFFECTIVE DATE OF ALL RETIREMENTS, INCLUDING THOSE FOR DISABILITY AND AFTER 30 YEARS' SERVICE, AFTER JULY 1, 1930, SHALL BE MADE EFFECTIVE ONLY ON THE FIRST DAY OF A MONTH, THAT IS TO SAY, THE ACTIVE STATUS IS TO TERMINATE WITH THE LAST DAY OF A MONTH AND THE RETIRED STATUS TO BEGIN WITH THE FIRST DAY OF THE SUCCEEDING MONTH, AND TO THIS END RECOMMENDATIONS TO THE PRESIDENT IN CASES REQUIRING HIS APPROVAL SHOULD ACCORD WITH THE PROVISIONS OF THE ACT OF APRIL 23, 1930, SUPRA. IN CASES IN WHICH THE PRESIDENT HERETOFORE HAS ACTED OR HEREAFTER MAY ACT APPROVING THE RETIREMENT AS EFFECTIVE ON ANY DAY DURING A MONTH OTHER THAN THE FIRST DAY THEREOF, AFTER JULY 1, 1930, THE RETIREMENT WILL BE EFFECTIVE FROM THE FIRST DAY OF THE NEXT SUCCEEDING MONTH WITHOUT FURTHER ACTION BY THE PRESIDENT.

QUESTION (C) IS ANSWERED IN THE NEGATIVE. ONLY RETIRED PAY WOULD BE AUTHORIZED FOR THE FIRST DAY OF A MONTH ON WHICH RETIREMENT HAS BEEN MADE EFFECTIVE. THE VERY PURPOSE OF THE ACT OF APRIL 23, 1930, WAS TO ELIMINATE THE COMPUTATION OF ACTIVE DUTY AND RETIREMENT PAY FOR FRACTIONAL PARTS OF A MONTH. IF AN OFFICER ATTAINS RETIREMENT AGE, OR OTHERWISE MEETS THE CONDITIONS NECESSARY FOR RETIREMENT, ON THE LAST DAY OF A MONTH HIS ACTIVE PAY CEASES WITH SAID DAY AND HIS RETIRED PAY BEGINS THE NEXT DAY, BUT IF AN OFFICER ATTAINS RETIREMENT AGE, ETC., ON THE FIRST DAY OF A MONTH HIS ACTIVE PAY CONTINUES TO THE END OF THAT MONTH--- IF OTHER CONDITIONS NECESSARY TO PAY STATUS ARE MET--- AND HIS RETIRED PAY BEGINS WITH THE FIRST DAY OF THE NEXT MONTH.

IN ANSWER TO QUESTION (D), I HAVE TO ADVISE THAT THERE IS NOTHING IN THE ACT OF APRIL 23, 1930, TO REQUIRE OR AUTHORIZE ANY CHANGE IN THE PRACTICE RELATIVE TO PROMOTIONS TO FILL VACANCIES INCIDENT TO RETIREMENT, BUT, BEGINNING JULY 1, 1930, NO VACANCY INCIDENT TO A RETIREMENT FOR ANY CAUSE CAN OCCUR ON ANY DATE OTHER THAN UPON THE FIRST DAY OF A MONTH, AND, IF OTHERWISE AUTHORIZED BY LAW, A PROMOTION TO FILL A VACANCY CAUSED BY A RETIREMENT MAY BE MADE EFFECTIVE ON THE DATE THE VACANCY EXISTS, TO WIT, THE FIRST DAY OF THE MONTH FOLLOWING THE TERMINATION OF THE ACTIVE STATUS OF THE RETIRING OFFICER, OR IN OTHER WORDS, THE SAME FIRST DAY OF THE MONTH THE RETIREMENT OF THE LAST INCUMBENT IS MADE EFFECTIVE.