A-7180, JANUARY 8, 1925, 4 COMP. GEN. 599
Highlights
1925: I HAVE YOUR LETTER OF DECEMBER 26. WAS FIXED AT $4 PER DIEM. IT WAS DETERMINED THAT SUCH RATES MAY NOT BE CHANGED IN THE ABSENCE OF OTHER STATUTORY AUTHORITY. THE FURTHER QUESTION IS PRESENTED WHETHER ADJUSTMENT OF COMPENSATION MAY BE RETROACTIVE TO JULY 1. IT WAS HELD THAT THE FUNDS WERE PROVIDED FOR THE ENTIRE FISCAL YEAR 1925. YOU ARE ADVISED THEREFORE THAT THE RATES OF COMPENSATION OF STOREKEEPER- GAUGERS IN THE INTERNAL REVENUE SERVICE MAY BE ADJUSTED IN ACCORDANCE WITH THE RATES ESTABLISHED BY THE CLASSIFICATION ACT RETROACTIVELY EFFECTIVE FROM JULY 1. IN SO FAR AS THE APPROPRIATION IN QUESTION IS CONCERNED.
A-7180, JANUARY 8, 1925, 4 COMP. GEN. 599
CLASSIFICATION OF CIVILIAN EMPLOYEES - RETROACTIVE ADJUSTMENT OF COMPENSATION RATES OF STOREKEEPER-GAUGERS OF THE INTERNAL REVENUE SERVICE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, THE RATES OF COMPENSATION OF STOREKEEPERS-GAUGERS IN THE INTERNAL REVENUE SERVICE MAY BE ADJUSTED IN ACCORDANCE WITH THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, RETROACTIVELY EFFECTIVE FROM JULY 1, 1924.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JANUARY 8, 1925:
I HAVE YOUR LETTER OF DECEMBER 26, 1924, REQUESTING DECISION WHETHER THE COMPENSATION OF STOREKEEPER-GAUGERS IN THE INTERNAL REVENUE SERVICE MAY BE ADJUSTED FROM A PER DIEM TO A PER ANNUM BASIS IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, RETROACTIVELY EFFECTIVE FROM JULY 1, 1924,UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704.
THE RATE OF PAY OF STOREKEEPER-GAUGERS, WAS FIXED AT $4 PER DIEM, AND IT WAS DETERMINED THAT SUCH RATES MAY NOT BE CHANGED IN THE ABSENCE OF OTHER STATUTORY AUTHORITY. SEE DECISION OF JULY 19, 1924, 4 COMP. GEN. 93, AND THE STATUTES THEREIN CITED. THE ACT OF DECEMBER 6, 1924, PROVIDES ON PAGE 712 AS FOLLOWS:
THE APPROPRIATIONS HEREIN MADE MAY BE UTILIZED BY THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ACCOMPLISH THE PURPOSES OF THIS ACT NOTWITHSTANDING THE SPECIFIC RATES OF COMPENSATION AND THE SALARY RESTRICTIONS CONTAINED IN THE REGULAR ANNUAL APPROPRIATION ACTS FOR THE FISCAL YEAR 1925 OR THE SALARY RESTRICTIONS IN OTHER ACTS WHICH LIMIT SALARIES TO RATES IN CONFLICT WITH THE RATES FIXED BY THE CLASSIFICATION ACT OF 1923 FOR THE DEPARTMENTAL SERVICE.
THE PROVISION AUTHORIZES THE ADJUSTMENT OF THE COMPENSATION OF THE STOREKEEPER-GAUGERS ACCORDINGLY.
THE FURTHER QUESTION IS PRESENTED WHETHER ADJUSTMENT OF COMPENSATION MAY BE RETROACTIVE TO JULY 1, 1924.
IN DECISION OF JANUARY 3, 1925, 4 COMP. GEN. 582, ADDRESSED TO THE SECRETARY OF WAR, INVOLVING THE ADJUSTMENT OF COMPENSATION OF CERTAIN FIELD EMPLOYEES OF THE WAR DEPARTMENT CONSTRUING THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, SUPRA, WHICH PROVIDED FUNDS TO ENABLE THE EXECUTIVE DEPARTMENTS TO ADJUST THE RATES OF COMPENSATION OF FIELD EMPLOYEES TO CORRESPOND SO FAR AS PRACTICABLE TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT, IT WAS HELD THAT THE FUNDS WERE PROVIDED FOR THE ENTIRE FISCAL YEAR 1925, AND ACCORDINGLY, THAT THE ADJUSTMENT IN THE RATES OF COMPENSATION OF THOSE EMPLOYEES WHOSE RATES OF COMPENSATION HAD PREVIOUSLY BEEN SPECIFICALLY FIXED BY LAW, COULD BE MADE RETROACTIVELY EFFECTIVE FROM JULY 1, 1924.
YOU ARE ADVISED THEREFORE THAT THE RATES OF COMPENSATION OF STOREKEEPER- GAUGERS IN THE INTERNAL REVENUE SERVICE MAY BE ADJUSTED IN ACCORDANCE WITH THE RATES ESTABLISHED BY THE CLASSIFICATION ACT RETROACTIVELY EFFECTIVE FROM JULY 1, 1924, IN SO FAR AS THE APPROPRIATION IN QUESTION IS CONCERNED.