A-25121, MARCH 13, 1929, 8 COMP. GEN. 487

A-25121, MARCH 13, 1929, 8 COMP. GEN. 487

COMPENSATION - DOUBLE - POSTAL SERVICE EMPLOYEES UNDER THE PROVISIONS OF SECTION 1 OF THE ACT OF MARCH 1, 1929, 45 STAT. 1441, DUAL EMPLOYMENTS ARE AUTHORIZED WHEN BOTH POSITIONS ARE IN THE POSTAL SERVICE, REGARDLESS OF THE RATES OF COMPENSATION, PROVIDED THE TOTAL COMPENSATION ACTUALLY PAID FOR ALL SERVICES FOR ANY ONE FISCAL YEAR DOES NOT EXCEED $2,000. THE ACT IS NOT APPLICABLE TO CASES WHERE ONE OR BOTH POSITIONS ARE IN SOME OTHER BRANCH OF THE GOVERNMENT SERVICE. COMP. GEN. 262 MODIFIED ONLY IN SO FAR AS POSTAL SERVICE EMPLOYEES ARE CONCERNED. UNDER SECTION 2 OF THE ACT OF MARCH 1, 1929, 45 STAT. 1442, THE COMPTROLLER GENERAL OF THE UNITED STATES IS AUTHORIZED AND DIRECTED TO RELIEVE POSTMASTERS AND ACTING POSTMASTERS AND TO MAKE REFUNDS TO POSTAL SERVICE EMPLOYEES OR FORMER POSTAL SERVICE EMPLOYEES OF AMOUNTS DISALLOWED IN ACCOUNTS AND/OR PAID BY THE EMPLOYEES OR FORMER EMPLOYEES TO THE UNITED STATES, REPRESENTING SALARY RECEIVED IN MORE THAN ONE POSITION, ONE OF WHICH WAS UNDER THE POSTAL SERVICE, PRIOR TO THE DATE OF THE ACT.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 13, 1929:

DAVID B. STAFFORD, JR., HAS REQUESTED REVIEW OF THE ACTION TAKEN BY THIS OFFICE IN FINDING HIM INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $103.48, REPRESENTING THE AMOUNT OF COMPENSATION RECEIVED BY HIM AS A SUBSTITUTE CLERK IN THE LOUISVILLE POST OFFICE FOR THE PERIOD FROM OCTOBER 20, 1926, TO FEBRUARY 28, 1927, DURING WHICH HE HELD A POSITION IN THE VETERANS' BUREAU ALSO, LESS THE AMOUNT WHICH STOOD TO HIS CREDIT IN THE CIVIL RETIREMENT FUND AT THE TIME OF HIS SEPARATION FROM THE SERVICE.

IN DECISION DATED NOVEMBER 19, 1928, 8 COMP. GEN. 262, ADDRESSED TO THE SECRETARY OF THE INTERIOR, INVOLVING THE QUESTION WHETHER THE AMOUNT TO THE CREDIT OF THIS EMPLOYEE IN THE RETIREMENT FUND SHOULD BE APPLIED IN PARTIAL LIQUIDATION OF HIS INDEBTEDNESS CAUSED BY DUAL EMPLOYMENT, AS ABOVE INDICATED, THE FOLLOWING GENERAL PRINCIPLE WAS ANNOUNCED (QUOTING FROM THE SYLLABUS):

IN DETERMINING WHETHER THE COMBINED AMOUNT OF MORE THAN ONE SALARY RECEIVED IN MORE THAN ONE POSITION UNDER THE GOVERNMENT EXCEEDS THE SUM OF $2,000 PER ANNUM, THE MAXIMUM AUTHORIZED BY THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, THE BASIS IS THE RATE PER ANNUM OF THE COMBINED SALARIES AND NOT THE AGGREGATE AMOUNT ACTUALLY RECEIVED DURING A PORTION OF THE YEAR, WHETHER THE MEASURE OF TIME FOR PAYMENT OF SALARY UNDER ONE OR MORE POSITIONS IS PER ANNUM, PER DIEM OR PER HOUR, IT BEING NECESSARY TO DETERMINE IN EACH INSTANCE THE PER ANNUM RATE EQUIVALENT TO THE RATE BASED ON A MEASURE OF TIME LESS THAN A YEAR.

PURSUANT TO THIS DECISION THE AMOUNT OF $55.12 TO THE CREDIT OF THE FORMER EMPLOYEE IN THE RETIREMENT FUND WAS APPLIED TOWARD THE TOTAL INDEBTEDNESS OF $158.60, LEAVING A BALANCE DUE OF $103.48, WHICH STILL STANDS CHARGED AGAINST THE EMPLOYEE.

THE ACT OF MARCH 1, 1929, 45 STAT. 1441, PROVIDES AS FOLLOWS:

* * * THAT POSTMASTERS AND ACTING POSTMASTERS ARE AUTHORIZED, WHEN IN THE JUDGMENT OF THE POSTMASTER GENERAL THE NEEDS AND INTERESTS OF THE POSTAL SERVICE REQUIRE, TO EMPLOY MAIL MESSENGERS AND OTHER POSTAL EMPLOYEES IN A DUAL CAPACITY, OR TO ASSIGN EXTRA DUTIES TO SUCH MAIL MESSENGERS AND OTHER EMPLOYEES; AND, NOTWITHSTANDING THE PROVISIONS OF SECTIONS 1763, 1764, AND 1765 OF THE REVISED STATUTES, AS AMENDED (U.S.C. TITLE 5, SECTIONS 58, 69, AND 70), COMPENSATION SHALL BE PAID TO SUCH MAIL MESSENGERS AND OTHER EMPLOYEES FOR SUCH SERVICES IF THE TOTAL COMPENSATION ACTUALLY PAID FOR ALL SERVICES DOES NOT EXCEED $2,000 FOR ANY ONE FISCAL YEAR.

SEC. 2. THE COMPTROLLER GENERAL OF THE UNITED STATES IS AUTHORIZED AND DIRECTED TO (1) ALLOW CREDIT IN THE ACCOUNTS OF PRESENT AND FORMER POSTMASTERS AND ACTING POSTMASTERS FOR PAYMENTS MADE BY THEM, PRIOR TO THE DATE OF THE ENACTMENT OF THIS ACT, TO MAIL MESSENGERS, POSTAL EMPLOYEES, AND OTHER EMPLOYEES OF THE UNITED STATES EMPLOYED IN POST OFFICES CONTRARY TO THE PROVISIONS OF SECTIONS 1763, 1764, AND 1765 OF THE REVISED STATUTES, AS AMENDED (U.S.C. TITLE 5, SECTIONS 58, 69, AND 70), SECTION 3850 OF THE REVISED STATUTES (UNITED STATES CODE, TITLE 39, SECTION 52), AND SECTION 226 OF THE ACT ENTITLED "AN ACT TO CODIFY, REVISE, AND AMEND THE PENAL LAWS OF THE UNITED STATES," APPROVED MARCH 4, 1909, AS AMENDED (U.S.C. TITLE 18, SECTION 356); AND (2) PAY TO SUCH MAIL MESSENGERS, POSTAL EMPLOYEES, AND SUCH OTHER EMPLOYEES AN AMOUNT EQUAL TO THE SUMS REFUNDED BY THEM OR DEDUCTED FROM BALANCES DUE THEM PRIOR TO THE DATE OF THE ENACTMENT OF THIS ACT, UNDER THE LAWS REFERRED TO IN SUBDIVISION (1) OF THIS SECTION.

SEC. 3. THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.

SECTION 58 OF TITLE 5, U.S. CODE, CITED IN THE PARENTHESIS OF THE ABOVE QUOTED STATUTE IN BOTH SECTIONS 1 AND 2 OF THE ACT, PROVIDES AS FOLLOWS:

UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM. (R.S. SEC. 1763; MAY 10, 1916, C. 117; SEC. 6, 39 STAT. 120; AUG. 29, 1916, C. 417, 39 STAT. 582.)

WITH RESPECT TO THE CLASSES OF EMPLOYMENTS REFERRED TO IN SECTION 1 OF THIS NEW ACT OF MARCH 1, 1929, AND UNDER THE CIRCUMSTANCES AND SUBJECT TO THE CONDITIONS THEREIN SPECIFIED, DUAL EMPLOYMENTS ARE AUTHORIZED REGARDLESS OF THE RATES OF COMPENSATION, PROVIDED THE TOTAL COMPENSATION ACTUALLY PAID FOR ALL SERVICES FOR ANY ONE FISCAL YEAR DOES NOT EXCEED $2,000. SAID SECTION IS APPLICABLE ONLY TO CASES ARISING AFTER THE DATE OF THE ACT AND WHERE BOTH OF THE POSITIONS HELD BY THE EMPLOYEE ARE IN THE POSTAL SERVICE, AND IT IS NOT APPLICABLE TO CASES WHERE ONE OR BOTH OF THE POSITIONS ARE IN SOME OTHER BRANCH OF THE GOVERNMENT SERVICE.

SECTION 2 OF THE ACT IS A RELIEF MEASURE COVERING ONLY SUCH CASES AS AROSE PRIOR TO THE DATE OF THE ACT, AND SPECIFICALLY INCLUDES "OTHER EMPLOYEES OF THE UNITED STATES.' ACCORDINGLY, SAID SECTION 2 IS APPLICABLE, ALSO, TO CASES WHERE ONE OF THE POSITIONS HELD BY THE EMPLOYEE WAS NOT IN THE POSTAL SERVICE, SUCH AS THE INSTANT CASE.

STAFFORD RECEIVED FOR THE FISCAL YEAR ENDING JUNE 30, 1927, INCLUDING THE AMOUNT PLACED TO HIS CREDIT IN THE RETIREMENT FUND, THE FOLLOWING SUMS: CHART AS VETERANS' BUREAU EMPLOYEE, JULY 1, 1926, TO MAR. 15, 1927,

AT $1,260 PER ANNUM- - - - - - - - - - - - - - - - - - - - - $892.50 AS A SUBSTITUTE POSTAL CLERK FROM OCT. 25, 1926, TO JUNE 30,

1927 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 381.35

TOTAL - - - - - - - - - - - - - - - - - - - - - - - - 1,273.85

UNDER AUTHORITY OF SECTION 2 OF THE ACT OF MARCH 1, 1929, NOT ONLY WILL THE CHARGE HERETOFORE RAISED AGAINST THE EMPLOYEE BE REMOVED, BUT THERE IS CERTIFIED DUE HIM THE AMOUNT OF $55.12, REPRESENTING THE AMOUNT WHICH STOOD TO HIS CREDIT IN THE RETIREMENT FUND UPON HIS SEPARATION FROM THE SERVICE AND WHICH WAS APPLIED IN REDUCTION OF HIS INDEBTEDNESS. THE AMOUNT THUS ALLOWED WILL BE CERTIFIED AND REPORTED TO THE CONGRESS FOR AN APPROPRIATION UNDER AUTHORITY OF SECTION 3 OF THE ACT AND CHECK IN PAYMENT THEREOF WILL ISSUE IN DUE COURSE WHEN AN APPROPRIATION SHALL HAVE BEEN MADE AVAILABLE THEREFOR.

AS TO POSTAL EMPLOYEES, ONLY, THE GENERAL PRINCIPLE ANNOUNCED IN THE DECISION OF NOVEMBER 19, 1928, SUPRA, WILL NO LONGER BE FOLLOWED. AS TO ALL OTHER CLASSES OF GOVERNMENT EMPLOYEES, SAID GENERAL RULE REMAINS FOR APPLICATION WITH RESPECT TO SERVICES RENDERED AFTER MARCH 1, 1929.