A-32117, JULY 23, 1930, 10 COMP. GEN. 33

A-32117: Jul 23, 1930

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ARE AUTHORIZED ONLY FROM AND AFTER THE FIRST DAY OF THE MONTH ON WHICH SUCH TRANSFER TO THE RETIRED LIST MAY LAWFULLY BE MADE EFFECTIVE. 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. ARE REPEALED. THERE IS. SECTION 2 OF THE LATER STATUTE WAS INTENDED TO PROVIDE. THAT IS TO SAY. TRANSFERS OF RESERVISTS TO THE RETIRED LIST COULD HAVE BEEN MADE EFFECTIVE BY ADMINISTRATIVE ACTION ON ANY DAY OF THE MONTH THE RESERVIST BECAME ELIGIBLE. RETIRED "PAY AND ALLOWANCES IN ACCORDANCE WITH THEIR RANKS OR RATING AND LENGTH OF SERVICE AS DETERMINED BY THE NAVY DEPARTMENT AT TIME OF TRANSFER" ARE AUTHORIZED ONLY FROM AND AFTER THE FIRST DAY OF THE MONTH ON WHICH SUCH TRANSFER TO THE RETIRED LIST MAY LAWFULLY BE MADE EFFECTIVE.

A-32117, JULY 23, 1930, 10 COMP. GEN. 33

RETIREMENT - UNIFORM RETIREMENT DATE - RESERVISTS UNDER THE TERMS OF THE ACT OF APRIL 23, 1930, 46 STAT. 253, ALL TRANSFERS OF MEMBERS OF THE FLEET NAVAL RESERVE AND THE FLEET MARINE CORPS RESERVE TO THE RETIRED LIST AFTER JULY 1, 1930, MAY BE MADE EFFECTIVE ONLY ON THE FIRST DAY OF A MONTH, NOT EARLIER THAN THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE RESERVIST BECAME ELIGIBLE FOR SUCH TRANSFER, AND RETIRED PAY AND ALLOWANCES IN ACCORDANCE WITH THEIR RANKS OR RATING AND LENGTH OF SERVICE AS DETERMINED BY THE NAVY DEPARTMENT AT TIME OF TRANSFER, ARE AUTHORIZED ONLY FROM AND AFTER THE FIRST DAY OF THE MONTH ON WHICH SUCH TRANSFER TO THE RETIRED LIST MAY LAWFULLY BE MADE EFFECTIVE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 23, 1930:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JUNE 30, 1930, FOR DECISION AS TO THE EFFECTIVE DATE OF RETIREMENTS AFTER JULY 1, 1930, OF MEMBERS OF THE FLEET NAVAL RESERVE AND FLEET MARINE CORPS RESERVE TRANSFERRED TO THE RETIRED LIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2 OF THE ACT OF MAY 23, 1930, 46 STAT. 375, PROVIDING AS FOLLOWS:

ALL TRANSFERS OF ENLISTED MEN OF THE NAVY OR MARINE CORPS TO THE FLEET NAVAL RESERVE OR FLEET MARINE CORPS RESERVE CREATED BY THE ACTS OF AUGUST 29, 1916, AND FEBRUARY 28, 1926, AND ALL TRANSFERS OF MEMBERS OF THE FLEET NAVAL RESERVE OR FLEET MARINE CORPS RESERVE TO THE RETIRED LIST HERETOFORE OR HEREAFTER MADE BY THE NAVY DEPARTMENT SHALL BE CONCLUSIVE FOR ALL PURPOSES AND ALL MEN SO TRANSFERRED SHALL FROM DATE OF TRANSFER BE ENTITLED TO PAY AND ALLOWANCES IN ACCORDANCE WITH THEIR RANKS OR RATING AND LENGTH OF SERVICE AS DETERMINED BY THE NAVY DEPARTMENT AT TIME OF TRANSFER.

THE ACT OF APRIL 23, 1930, 46 STAT. 253, PROVIDES AS FOLLOWS:

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 FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE, AND SAID FIRST 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.

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

THERE IS, IN REALITY, NO CONFLICT BETWEEN THE ACTS OF APRIL 23, 1930, AND MAY 23, 1930, SUPRA. THE FORMER FIXES A UNIFORM RETIREMENT DATE FOR ALL RETIREMENTS AS "THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE BE EFFECTIVE.' SECTION 2 OF THE LATER STATUTE WAS INTENDED TO PROVIDE, PRIMARILY, THAT THE DETERMINATION OR FINDING BY THE NAVY DEPARTMENT OF ELIGIBILITY FOR TRANSFERS FROM THE REGULAR SERVICE TO THE RESERVES AND FROM THE RESERVES TO THE RETIRED LIST SHOULD BE CONCLUSIVE FOR ALL PURPOSES AND NOT SUBJECT TO OBJECTION ON QUESTIONS OF LONGEVITY, RANK OR RATING, OR OTHERWISE. THE ADMINISTRATIVE ACTION AUTHORIZING TRANSFER FROM THE RESERVES TO THE RETIRED LIST WOULD BE SUBJECT TO THE PROVISIONS OF THE ACT OF APRIL 23, 1930, SUPRA. THAT IS TO SAY, PRIOR TO JULY 1, 1930, TRANSFERS OF RESERVISTS TO THE RETIRED LIST COULD HAVE BEEN MADE EFFECTIVE BY ADMINISTRATIVE ACTION ON ANY DAY OF THE MONTH THE RESERVIST BECAME ELIGIBLE, WHEREAS ALL TRANSFERS FROM THE RESERVES TO THE RETIRED LIST EFFECTIVE AFTER JULY 1, 1930, MAY BE MADE EFFECTIVE ONLY ON THE FIRST DAY OF A MONTH NOT EARLIER THAN THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE RESERVIST BECAME ELIGIBLE FOR SUCH TRANSFER, AND RETIRED "PAY AND ALLOWANCES IN ACCORDANCE WITH THEIR RANKS OR RATING AND LENGTH OF SERVICE AS DETERMINED BY THE NAVY DEPARTMENT AT TIME OF TRANSFER" ARE AUTHORIZED ONLY FROM AND AFTER THE FIRST DAY OF THE MONTH ON WHICH SUCH TRANSFER TO THE RETIRED LIST MAY LAWFULLY BE MADE EFFECTIVE. ANY CASE IN WHICH THE NAVY DEPARTMENT HAS, SUBSEQUENT TO JULY 1, 1930, MADE THE TRANSFER OF THE RESERVIST TO THE RETIRED LIST EFFECTIVE ON ANY DAY DURING A MONTH OTHER THAN THE FIRST, THE RETIRED PAY AND ALLOWANCES WILL BE AUTHORIZED ONLY FROM THE FIRST DAY OF THE FOLLOWING MONTH.

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