B-106464, JANUARY 11, 1952, 31 COMP. GEN. 273

B-106464, JANUARY 11, 1952, 31 COMP. GEN. 273

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - COMPENSATION RATE CHANGES DURING PERIOD COVERED BY PAYMENT A WAGE BOARD EMPLOYEE WHO RECEIVED A LUMP-SUM LEAVE PAYMENT, INCIDENT TO A CHANGE IN STATUS FROM TEMPORARY TO TEMPORARY-INDEFINITE, BETWEEN THE EFFECTIVE DATE AND THE ENACTMENT DATE OF THE ACT OF OCTOBER 25, 1951, PROVIDING COMPENSATION INCREASES FOR WAGE BOARD EMPLOYEES, IS ENTITLED UNDER THE RETROACTIVE PROVISION OF SECTION 4 OF THE ACT TO HAVE THE LUMP- SUM PAYMENT ADJUSTED AND PAID AT THE NEW RATE OF COMPENSATION ESTABLISHED BY THE ACT. A WAGE BOARD EMPLOYEE WHO WAS RETIRED BETWEEN THE EFFECTIVE DATE AND THE ENACTMENT DATE OF THE ACT OF OCTOBER 25, 1951, PROVIDING COMPENSATION INCREASES FOR WAGE BOARD EMPLOYEES, IS ENTITLED UNDER THE RETROACTIVE PROVISION OF SECTION 4 OF THE ACT TO HAVE HIS LUMP-SUM LEAVE PAYMENT ADJUSTED AND PAID AT THE NEW RATE OF COMPENSATION ESTABLISHED BY THE ACT. INASMUCH AS THE ANNUAL AND SICK LEAVE ACT OF 1951 REPEALED AND RENDERED INOPERATIVE THE 20-DAY LIMITATION ON ANNUAL LEAVE IMPOSED AFTER JULY 1, 1951, BY SECTION 601 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1952, WAGE BOARD EMPLOYEES WHO, INCIDENT TO A CHANGE IN STATUS RECEIVED A LUMP- SUM PAYMENT PRIOR TO THE REPEAL OF SAID LIMITATION, WHICH INCLUDED PAYMENT FOR ANNUAL LEAVE PRIOR TO THE REPEAL OF SAID LIMITATION, WHICH INCLUDED PAYMENT FOR ANNUAL LEAVE ACCRUED SINCE JULY 1, 1951, ON THE 20-DAY PER ANNUM BASIS, ARE ENTITLED TO HAVE THEIR LEAVE RECOMPUTED AND PAYMENT THEREOF MADE ON THE BASIS OF 26 DAYS A YEAR.

COMPTROLLER GENERAL WARREN TO A. R. PILKERTON, GOVERNMENT OF THE DISTRICT OF COLUMBIA, JANUARY 11, 1952:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7, 1951, TRANSMITTING A PAY ROLL VOUCHER IN FAVOR OF TWO WAGE BOARD EMPLOYEES OF THE OFFICE OF THE SUPERINTENDENT OF BUILDINGS, DISTRICT OF COLUMBIA, FOR ADJUSTMENT, INCIDENT TO THE ENACTMENT OF PUBLIC LAW 207, APPROVED OCTOBER 25, 1951, AND PUBLIC LAW 233, APPROVED OCTOBER 30, 1951, OF LUMP-SUM LEAVE PAYMENTS MADE WHEN (A) ONE EMPLOYEE'S STATUS WAS CHANGED FROM TEMPORARY TO TEMPORARY-INDEFINITE ON AUGUST 18, 1951, AND (B) THE OTHER EMPLOYEE WAS RETIRED FOR DISABILITY ON SEPTEMBER 30, 1951. YOU REQUEST TO BE INFORMED AS TO WHETHER THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

PERTINENT SECTIONS OF PUBLIC LAW 207, APPROVED OCTOBER 25, 1951, 65 STAT. 637, ARE AS FOLLOWS:

SEC. 2. AUTHORITY IS HEREBY GRANTED TO THE COMMISSIONERS AND TO OTHER WAGE-FIXING AUTHORITIES OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, THE SECRETARY OF THE INTERIOR AND THE PRESIDENT OF THE UNITED STATES, IN THEIR DISCRETION, TO GRANT ADDITIONAL COMPENSATION AT RATES NOT TO EXCEED THOSE PREVAILING WITHOUT REGARD TO THE PROVISIONS OF SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31 U.S.C. 665), ADDITIONAL COMPENSATION AT RATES NOT TO EXCEED THOSE PREVAILING IN THE DISTRICT OF COLUMBIA FOR SIMILAR OR COMPARABLE EMPLOYMENT TO EACH EMPLOYEE IN OR UNDER THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, NATIONAL CAPITAL PARKS AND THE EXECUTIVE MANSION GROUNDS, WHOSE COMPENSATION IS FIXED AND ADJUSTED FROM TIME TO TIME BY A WAGE BOARD, OR WHOSE COMPENSATION IS FIXED WITHOUT REFERENCE TO THE CLASSIFICATION ACT OF 1949, AS AMENDED, OR WHOSE COMPENSATION IS LIMITED OR FIXED SPECIFICALLY BY THE PROVISIONS OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1952.

SEC. 4. (A) THIS ACT SHALL BECOME EFFECTIVE AS OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951.

(B) NO RETROACTIVE COMPENSATION OR SALARY SHALL BE PAYABLE BY REASON OF THE ENACTMENT OF THIS ACT IN THE CASE OF ANY INDIVIDUAL NOT IN THE SERVICE OF THE UNITED STATES (INCLUDING SERVICE IN THE ARMED FORCES OF THE UNITED STATES) OR OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THAT SUCH RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID A RETIRED OFFICER OR EMPLOYEE FOR SERVICES RENDERED DURING THE PERIOD BEGINNING WITH THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951, AND ENDING WITH THE DATE OF HIS RETIREMENT. UNDER AUTHORITY OF THE QUOTED LANGUAGE, THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA BY ORDER OF OCTOBER 23, 1951, FIXED NEW RATES OF COMPENSATION FOR WAGE BOARD EMPLOYEES TO TAKE EFFECT UPON THE DATE OF THE ENACTMENT OF PUBLIC LAW 207.

IT APPEARS THAT THE ANNUAL LEAVE OF BOTH EMPLOYEES BEGINNING WITH JULY 1, 1951, WAS COMPUTED ON THE BASIS OF THE 20-DAY LEAVE LIMITATION AS PROVIDED BY SECTION 601 OF THE ACT OF AUGUST 31, 1951, PUBLIC LAW 137, 65 STAT. 291. IN THAT REGARD IT WAS HELD IN OFFICE DECISION OF NOVEMBER 20, 1951, B-106348, 31 COMP. GEN. 182, THAT SECTION 207 (A) (7), TOGETHER WITH SECTION 209 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, PUBLIC LAW 233, APPROVED OCTOBER 30, 1951, 65 STAT. 682, 683, REPEALS THE 20-DAY LEAVE LIMITATION IMPOSED BY SECTION 601 OF THE ACT OF AUGUST 31, 1951, AS OF THE DATE OF ENACTMENT OF THE EARLIER ACT. THE EFFECT OF THAT REPEAL RENDERED INOPERATIVE AS OF JULY 1, 1951, THE SO-CALLED " DOUGLAS RIDER" WHICH PROVIDED FOR THE 20-DAY ANNUAL LEAVE LIMITATION AS IF THE SAID RIDER HAD NEVER BEEN ON THE STATUTE BOOKS. ACCORDINGLY, EACH EMPLOYEE IS ENTITLED TO HAVE HIS LEAVE RECOMPUTED FOR THE PERIODS INVOLVED UNDER THE ANNUAL LEAVE ACT OF 1936.

THE RETROACTIVE PROVISION OF SECTION 4, PUBLIC LAW 207, IS IDENTICAL WITH THAT OF PUBLIC LAW 201, APPROVED OCTOBER 24, 1951. IN OFFICE DECISION OF DECEMBER 3, 1951, B-106420, 30 COMP. GEN. 199, A COPY OF WHICH IS ENCLOSED, IT WAS RULED WITH REFERENCE TO THE LATTER ACT, THAT AN EMPLOYEE WHO WAS PAID A LUMP SUM FOR LEAVE INCIDENT TO HIS SEPARATION FROM THE SERVICE AFTER THE EFFECTIVE DATE OF PUBLIC LAW 201 AND WHO THEREAFTER WAS REEMPLOYED AND IN THE SERVICE ON OCTOBER 24, 1951, WAS ENTITLED TO HAVE HIS LUMP-SUM PAYMENT ADJUSTED AND PAID AT THE NEW RATE ESTABLISHED BY PUBLIC LAW 201. THE RULE WOULD APPLY WITH EQUAL FORCE TO THE CASE OF EMPLOYEE (A) IN YOUR SUBMISSION.

WITH RESPECT TO EMPLOYEES RETIRED AFTER THE EFFECTIVE DATE OF PUBLIC LAW 207, SECTION 4 PROVIDES "THAT SUCH RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID A RETIRED OFFICER OR EMPLOYEE FOR SERVICES RENDERED DURING THE PERIOD BEGINNING WITH THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951, AND ENDING WITH THE DATE OF HIS RETIREMENT.' WHILE THE QUOTED LANGUAGE DOES NOT EXPRESSLY PROVIDE THAT THE NEW RATES OF COMPENSATION SHALL BE APPLIED RETROACTIVELY IN COMPUTING LUMP-SUM PAYMENTS FOR LEAVE UPON RETIREMENT, THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, REQUIRES THAT "WHENEVER ANY OFFICER OR EMPLOYEE * * * OF THE DISTRICT OF COLUMBIA IS SEPARATED FROM THE SERVICE * * * HE SHALL BE PAID COMPENSATION IN A LUMP SUM FOR ALL ACCUMULATED AND CURRENT ACCRUED ANNUAL OR VACATION LEAVE TO WHICH HE IS ENTITLED UNDER EXISTING LAW.' GENERALLY, IN THE ABSENCE OF MODIFYING FACTORS THE PROPER RATE OF COMPENSATION TO BE USED IN COMPUTING A LUMP SUM PAYMENT FOR LEAVE IS THAT RATE IN EFFECT UPON THE DATE OF SEPARATION OF THE EMPLOYEE. SINCE BY THE RETROACTIVE PROVISIONS OF PUBLIC LAW 207, SUPRA, THE NEW RATES FIXED BY THE COMMISSIONERS WERE IN EFFECT ON THE DATE OF SEPARATION BY RETIREMENT OF EMPLOYEE (B) HIS ADJUSTED LEAVE CREDIT IS FOR PAYMENT AT HIS NEW RATE.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND, IF OTHERWISE CORRECT, IT PROPERLY MAY BE CERTIFIED FOR PAYMENT.