B-106602, DECEMBER 17, 1951, 31 COMP. GEN. 224

B-106602, DECEMBER 17, 1951, 31 COMP. GEN. 224

COMPENSATION - RATES - INCREASES - EMPLOYEES OF BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA UNDER THE PROVISIONS OF SECTION 1 (B) OF THE ACT OF OCTOBER 25, 1951, PROVIDING COMPENSATION INCREASES FOR EMPLOYEES OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA WHOSE SALARY IS FIXED AND REGULATED BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947, THE TOTAL COMPENSATION OF THE EMPLOYEES IS TO BE COMPUTED BY ADDING THE INCREASE AUTHORIZED IN THE ACT TO THE AGGREGATE SALARY PROVIDED BY THE SAID TEACHERS' SALARY ACT, INCLUDING ANY ACCRUED ANNUAL INCREMENTS GRANTED THE EMPLOYEES.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, DECEMBER 17, 1951:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1951, REQUESTING DECISION WHETHER, UNDER THE ACT OF OCTOBER 25, 1951, PUBLIC LAW 207, THE VARYING ANNUAL INCREMENTS GRANTED EMPLOYEES OF THE BOARD OF EDUCATION BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947 REMAIN THE SAME OR ARE INCREASED BY THE PERCENTAGE INCREASE PRESCRIBED IN PUBLIC LAW 207, 65 STAT. 637.

UNDER THE TEACHERS' SALARY ACT, 61 STAT. 248, AND THE ACT OF JUNE 30, 1949, 63 STAT. 376, A BASIC SALARY IS PROVIDED FOR EACH OF THE RESPECTIVE GRADES SET FORTH THEREIN WITH VARYING ANNUAL INCREASES FOR SPECIFIED PERIODS OF YEARS UNTIL THE MAXIMUM SALARY THEREIN NAMED IS REACHED.

SUBPARTS (1) AND (2) OF SECTION 1 (B), PUBLIC LAW 207, APPROVED OCTOBER 25, 1951, 65 STAT. 636, PROVIDE AS FOLLOWS:

(B) (1) EACH EMPLOYEE OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA WHOSE SALARY IS FIXED AND REGULATED BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947, EXCEPT THE SUPERINTENDENT OF SCHOOLS, SHALL RECEIVE, IN ADDITION TO THE COMPENSATION ALREADY PROVIDED BY SUCH ACT AND BY THE ACT OF JUNE 30, 1949, COMPENSATION AT THE RATE OF 10 PERCENTUM OF THE AGGREGATE COMPENSATION PROVIDED BY SUCH ACTS, EXCEPT THAT IN NO CASE SHALL THE ADDITIONAL COMPENSATION PROVIDED FOR IN THIS PARAGRAPH BE INCREASED BY LESS THAN $300 PER ANNUM OR BY MORE THAN $800 PER ANNUM.

(2) THE BASIC AND MAXIMUM SALARIES FOR ALL SALARY CLASSES IN TITLE I OF THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947, EXCEPT CLASS 29, ARE HEREBY INCREASED BY 10 PERCENTUM, EXCEPT THAT IN NO CASE SHALL ANY SUCH BASIC OR MAXIMUM SALARY BE INCREASED BY LESS THAN $300 PER ANNUM OR BY MORE THAN $800 PER ANNUM.

CLEARLY, THE EMPLOYEES COVERED BY SUBPART (1) OF SECTION 1 (B), SUPRA, WHO ARE ON THE ROLLS ON THE DATE OF ENACTMENT OF THE ACT (SEE SECTION 4 (B) ( ARE ENTITLED TO 10 PERCENT OF THE TOTAL SALARIES RECEIVED BY THEM IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE ACT, INCLUDING SUCH YEARLY INCREMENTS AS WERE EARNED BY THEM UP TO THAT TIME, SUBJECT, OF COURSE, TO THE $300 FLOOR AND THE $800 CEILING. HOWEVER, SINCE SUBPART (2) OF SECTION 1 (B) SPECIFICALLY INCREASES ONLY THE BASIC AND MAXIMUM SALARIES IN THE RESPECTIVE CLASSES AND GROUPS, LEAVING THE YEARLY INCREMENTS PROVIDED BY THE TEACHERS' SALARY ACT UNCHANGED, THE QUESTION ARISES WHETHER FOR PURPOSES OF COMPUTING COMPENSATION IN FUTURE CASES, THE EMPLOYEES CONCERNED ARE TO BE GIVEN THE BENEFIT OF THE COMPENSATION INCREASE PROVIDED BY PUBLIC LAW 207 IN CONNECTION WITH THE YEARLY INCREMENTS, OR WHETHER COMPENSATION IS TO BE COMPUTED UPON THE BASIS OF THE NEW BASIC RATES PLUS ONLY THE AMOUNTS OF THE YEARLY INCREMENTS ORIGINALLY PRESCRIBED BY THE TEACHERS' SALARY ACT. IT IS OBSERVED FROM THE ILLUSTRATIVE SALARY SCHEDULES ACCOMPANYING YOUR LETTER THAT, IF THE LATTER ALTERNATIVE BE ADOPTED AS PROPER, AN EMPLOYEE ENTERING THE SERVICE AFTER THE DATE OF INITIAL ADJUSTMENT UNDER SUBPART (1) WOULD NOT, AT THE END OF THE PRESCRIBED PERIOD OF SERVICE, REACH THE MAXIMUM SCHEDULED RATE OF THE CLASS AND GROUP; ALSO, THAT EMPLOYEES RECEIVING THE BENEFIT OF SUBPART (1), INCLUDING THE PERCENTAGE INCREASE ON THE YEARLY INCREMENTS EARNED AT THAT TIME AND THEREAFTER RECEIVING THE YEARLY INCREMENTS WITHOUT THE PERCENTAGE INCREASE THEREON WOULD RECEIVE SALARIES DIFFERENT FROM OTHER EMPLOYEES, NEW OR OLD, AFTER COMPARABLE PERIODS OF SERVICE, WITH THE RESULT THAT SEPARATE SALARY SCHEDULES WOULD BE REQUIRED FOR PRACTICALLY ALL EMPLOYEES WHO RECEIVED THE BENEFIT OF SUBPART (1).

I AM OF THE VIEW THAT SUBPART (1) OPERATES NOT ONLY INITIALLY TO INCREASE THE COMPENSATION OF EMPLOYEES ENTITLED TO ITS BENEFITS ON THE DATE OF ENACTMENT BUT, ALSO, AS CONTINUOUS AUTHORITY AND DIRECTION TO ADJUST IN ACCORDANCE WITH ITS TERMS THE COMPENSATION PROVIDED BY PRIOR LAWS, AND THAT SUBPART (2) CONSTITUTES MERELY A TECHNICAL AMENDMENT OF PRIOR LAW TO CONFORM PREVIOUSLY PRESCRIBED BASIC AND MAXIMUM SALARIES WITH THE NEW SALARIES RESULTING FROM THE OPERATION OF SUBPART (1). UPON THE BASIS OF THE FOREGOING CONCLUSIONS, SO LONG AS THE SALARY INCREASE STATUTE HERE INVOLVED REMAINS IN EFFECT, THE TOTAL SALARIES OF EMPLOYEES OF THE BOARD OF EDUCATION SHOULD BE COMPUTED BY ADDING THE INCREASE--- 10 PERCENT, $300 OR $800, AS THE CASE MAY BE--- PROVIDED BY SUBPART (1) OF SECTION 1 (B) OF PUBLIC LAW 207 TO THE AGGREGATE SALARY PROVIDED BY THE TEACHERS' SALARY ACT, INCLUDING ANY ACCRUED YEARLY INCREMENT OR INCREMENTS, AND THE ACT OF JUNE 30, 1949.