A-56413, OCTOBER 16, 1935, 15 COMP. GEN. 302

A-56413, OCTOBER 16, 1935, 15 COMP. GEN. 302

RURAL LETTER CARRIER - COMPENSATION - SAVING CLAUSE, ACT OF JUNE 25, 1934 A RURAL LETTER CARRIER, WHO, ON AND BEFORE JULY 1, 1934, WAS SERVING THREE TIMES A WEEK A ROUTE LESS THAN THIRTY MILES IN LENGTH IS ENTITLED TO THE BENEFIT OF THE SAVING CLAUSE REGARDING REDUCTION IN COMPENSATION IN THE ACT OF JUNE 25, 1934, 48 STAT. 1212, FOR SIX-TIMES-A-WEEK SERVICE AFTER JULY 1, 1934, ON THE SAME UNLENGTHENED ROUTE. IF THE SERVICE ON AND BEFORE JULY 1, 1934, WAS ON THE BASIS OF SIX TIMES A WEEK AND WAS REDUCED TO THREE TIMES A WEEK SUBSEQUENT TO JULY 1, 1934, THE SAVING CLAUSE INURES TO THE CARRIER PROPORTIONATELY ON THAT BASIS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, OCTOBER 16, 1935:

THERE WAS RECEIVED YOUR LETTER OF OCTOBER 2, 1935, AS FOLLOWS:

ATTENTION IS INVITED TO YOUR DECISIONS OF JULY 5 AND JULY 20, 1934 (14 C.G. 13 AND 57), CONSTRUING THE SAVING CLAUSE CONTAINED IN THE ACT OF JUNE 25, 1934, IN THE ADJUSTMENT OF SALARIES OF RURAL LETTER CARRIERS. YOUR DECISION IS NOW SOUGHT ON THE FOLLOWING QUESTIONS:

IS THE RURAL CARRIER WHO ON AND BEFORE JULY 1, 1934, WAS SERVING THREE TIMES A WEEK A ROUTE LESS THAN THIRTY MILES IN LENGTH ENTITLED TO THE BENEFIT OF THE SAVED SALARY FOR SIX-TIMES-A-WEEK SERVICE OVER THE SAME ROUTE IF, SUBSEQUENT TO JULY 1, 1934, THE FREQUENCY OF SERVICE ON THE ROUTE--- WITHOUT CHANGE EITHER IN THE ROUTE OR THE LENGTH THEREOF-- IS INCREASED FROM THREE TO SIX TIMES A WEEK?

IS A RURAL CARRIER WHO ON AND BEFORE JULY 1, 1934, WAS SERVING A ROUTE SIX TIMES A WEEK ENTITLED TO THE BENEFIT OF THE SAVING CLAUSE IF THE FREQUENCY OF SERVICE ON THE ROUTE WAS REDUCED FROM SIX TO THREE TIMES A WEEK SUBSEQUENT TO JULY 1, 1934?

YOUR PROMPT DECISION ON THESE POINTS WILL BE APPRECIATED.

IN DECISION OF JULY 20, 1934 (14 COMP. GEN. 57, 58), IT WAS HELD AS FOLLOWS:

IN THE APPLICATION OF SAVING CLAUSES PREVENTING OR LIMITING LOSS OF SALARY, WHICH HAVE APPEARED IN STATUTES READJUSTING OR AUTHORIZING THE READJUSTMENT OF SALARY RATES OF FEDERAL PERSONNEL, IT HAS BEEN UNIFORMLY RECOGNIZED THAT THE SAVING CLAUSE IS PERSONAL TO THE OFFICER OR EMPLOYEE, AND CONTINUES ONLY SO LONG AS HE CONTINUES TO HOLD THE SAME OFFICE OR POSITION. 6 COMP. GEN. 322; ID. 727; 11 ID. 352. THERE IS NOTHING IN THE WORDING OF THE SAVING CLAUSE IN SECTION 1 (D) OF THE ACT OF JUNE 25, 1934, PUBLIC, NO. 463, TO JUSTIFY OR AUTHORIZE ANY DIFFERENT APPLICATION.

PURSUANT TO THIS PRINCIPLE, A RURAL LETTER CARRIER MAY BE REGARDED AS OCCUPYING THE SAME POSITION IN WHICH THE INHIBITION AGAINST REDUCING HIS COMPENSATION MORE THAN $180 PER ANNUM APPLIES, ONLY SO LONG AS HE CONTINUES TO PERFORM AT LEAST THE SAME AMOUNT OF SERVICE ON THE SAME ROUTE, AND IT MAY BE HELD, ALSO, THAT THE BENEFIT OF THE SAVING CLAUSE INURES TO HIM PROPORTIONATELY WHEN THE SAME ROUTE IS REDUCED IN LENGTH, BUT THAT THE SAVING CLAUSE DOES NOT APPLY UPON THE TRANSFER OF THE CARRIER FROM ONE ROUTE TO ANOTHER.

THE FIRST RURAL CARRIER MENTIONED IN YOUR LETTER CONTINUES TO PERFORM AT LEAST THE SAME AMOUNT OF SERVICE ON THE SAME ROUTE, AND, ACCORDINGLY, UNDER THE PRINCIPLE STATED IN THE QUOTED DECISION, IS ENTITLED TO THE BENEFIT OF THE SAVING CLAUSE.

SECTION 8 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, PROVIDES IN PART AS FOLLOWS:

A RURAL CARRIER SERVING ONE TRIWEEKLY ROUTE SHALL BE PAID A SALARY AND EQUIPMENT ALLOWANCE ON THE BASIS OF A ROUTE ONE-HALF THE LENGTH OF THE ROUTE SERVED BY HIM. * * *

HENCE THE LENGTH OF THE ROUTE OF THE SECOND RURAL CARRIER MENTIONED IN YOUR LETTER MAY BE REGARDED AS REDUCED TO HALF ITS LENGTH AND THE SAVING CLAUSE INURES TO HIM PROPORTIONATELY ON THAT BASIS, THAT IS, HIS ANNUAL SALARY SHOULD NOT BE REDUCED MORE THAN $90 (ONE-HALF OF $180) BY OPERATION OF SUBSECTION (A) OF SECTION 8 OF THE ACT OF FEBRUARY 28, 1925, AS AMENDED BY THE ACT OF JUNE 25, 1934, 48 STAT. 1212, REDUCING THE BASIC SALARY RATES OF RURAL LETTER CARRIERS.