B-98169, NOV 6, 1952
Highlights
AUTHORIZED CERTIFYING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 7. IT IS UNDERSTOOD THAT THE INDIVIDUALS CONCERNED VOLUNTARILY RETIRED IN ACCORDANCE WITH THE FIFTH PARAGRAPH OF SECTION 12 OF THE ACT OF SEPTEMBER 1. THE SPECIFIC QUESTION PRESENTED IN YOUR SUBMISSION IS WHETHER THE RETIREMENT COMPENSATION OF THE INDIVIDUALS CONCERNED SHOULD BE COMPUTED UPON THE COMPENSATION APPLICABLE TO THE GRADES HELD BY THEM ON THE DATE OF THEIR RETIREMENT OR THAT APPLICABLE TO THE GRADES TO WHICH THEIR RESPECTIVE POSITIONS SUBSEQUENTLY WERE REALLOCATED OR RECLASSIFIED. IT WAS CONCLUDED: "*** AN INCREASE IN PENSION BY REASON OF AN INCREASE IN ACTIVE-DUTY COMPENSATION NO LONGER IS A MATTER OF RIGHT AS WAS THE CASE UNDER THE 1923 ACT BUT.
B-98169, NOV 6, 1952
PRECIS-UNAVAILABLE
MR. A. R. PILKERTON, AUTHORIZED CERTIFYING OFFICER:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 7, 1952, REQUESTING ADVICE AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A PAYROLL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MESSRS. FRANK J. WILSON, THOMAS J. CALLAHAN, AND WILLIAM A. LANDVOIGHT FOR ADDITIONAL PENSION ALLOWANCES AS RETIRED MEMBERS OF THE UNITED STATES SECRET SERVICE. IT IS UNDERSTOOD THAT THE INDIVIDUALS CONCERNED VOLUNTARILY RETIRED IN ACCORDANCE WITH THE FIFTH PARAGRAPH OF SECTION 12 OF THE ACT OF SEPTEMBER 1, 1916, AS ADDED BY THE ACT OF OCTOBER 14, 1940, 54 STAT. 1118.
THE SPECIFIC QUESTION PRESENTED IN YOUR SUBMISSION IS WHETHER THE RETIREMENT COMPENSATION OF THE INDIVIDUALS CONCERNED SHOULD BE COMPUTED UPON THE COMPENSATION APPLICABLE TO THE GRADES HELD BY THEM ON THE DATE OF THEIR RETIREMENT OR THAT APPLICABLE TO THE GRADES TO WHICH THEIR RESPECTIVE POSITIONS SUBSEQUENTLY WERE REALLOCATED OR RECLASSIFIED.
IN THE DECISION OF FEBRUARY 20, 1951, B-98169, TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, IT WAS CONCLUDED:
"*** AN INCREASE IN PENSION BY REASON OF AN INCREASE IN ACTIVE-DUTY COMPENSATION NO LONGER IS A MATTER OF RIGHT AS WAS THE CASE UNDER THE 1923 ACT BUT, EXCEPT AS OTHERWISE PROVIDED BY LAW, IS SUBJECT TO THE DISCRETION VESTED IN THE COMMISSIONERS BY THE 1930 ACT."
THE ORDER OF THE DISTRICT OF COLUMBIA COMMISSIONERS, DATED JULY 15, 1952, PROVIDES, IN PART, THAT--
"*** ALL PERSONS GRANTED PENSION RELIEF ALLOWANCE UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12 OF THE ACT OF SEPTEMBER 1, 1916, AS AMENDED, WHO RETIRED FROM THE METROPOLITAN POLICE FORCE, THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA, THE UNITED STATES PARK POLICE, THE WHITE HOUSE POLICE FORCE, AND THE UNITED STATES SECRET SERVICE, PRIOR TO JULY 1, 1951, SHALL BE GRANTED, WITHOUT APPLICATION THEREFOR, PENSION INCREASES AT THE SAME PERCENTAGE AS THE INCREASE IN COMPENSATION AUTHORIZED BY THE ACTS OF OCTOBER 24, 1951 AND OCTOBER 25, 1951, EFFECTIVE JULY 1, 1952 ***."
CLEARLY, THE SAID ORDER CONSTITUTES NO PROPER BASIS UPON WHICH THE ADJUSTMENTS PROPOSED IN THE SUBMITTED VOUCHER-- BASED UPON SALARIES IN THE REALLOCATED GRADES-- MAY BE CERTIFIED FOR PAYMENT.
THE VOUCHER IS RETURNED HEREWITH.