B-107100, DECEMBER 29, 1951, 31 COMP. GEN. 240

B-107100, DECEMBER 29, 1951, 31 COMP. GEN. 240

COMPENSATION - RETROACTIVE SALARY INCREASES - EMPLOYEES ENTERING THE MILITARY SERVICE A FORMER EMPLOYEE OF THE GOVERNMENT WHO ENTERED INTO THE MILITARY SERVICE BETWEEN THE EFFECTIVE DATE OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949 AND THE DATE OF ITS APPROVAL AND WHO HAD RECEIVED A LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE UPON ENTRY INTO THE MILITARY SERVICE IS ENTITLED TO RECEIVE A RETROACTIVE ADJUSTMENT IN COMPENSATION FOR THE PERIOD FO DUTY PRIOR TO ENTRY INTO THE MILITARY SERVICE AND ALSO TO AN ADJUSTMENT IN THE LUMP SUM PAYMENT FOR ACCRUED LEAVE.

COMPTROLLER GENERAL WARREN TO W. K. DUCKWORTH, NATIONAL HEADQUARTERS SELECTIVE SERVICE SYSTEM, DECEMBER 29, 1951:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 20, 1951, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE PAY ROLL VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENTS TO CHARLES W. MALLENDER AND ALEXANDER NUTA FOR THE DIFFERENCE BETWEEN THE OLD SALARY RATES AND THE NEW RATES ESTABLISHED BY THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201, 65 STAT. 612, NOT ONLY FOR SERVICES RENDERED FROM JULY 8, 1951, TO THE DATE OF THEIR ENTRY INTO THE MILITARY SERVICE ON AUGUST 1, 1951, BUT ALSO FOR THE LUMP-SUM LEAVE PAYMENTS MADE TO THEM. YOUR DOUBT IN THE MATTER IS STATED TO RELATE PRINCIPALLY TO THE APPLICATION OF THE DECISION IN 29 COMP. GEN. 33 TO THE LUMP-SUM LEAVE PAYMENT.

IN DECISION OF DECEMBER 3, 1951, B-106420, 31 C.G. 199, IT WAS HELD BY THIS OFFICE:

LUMP-SUM PAYMENTS FOR ACCRUED ANNUAL LEAVE, AS AUTHORIZED BY THE ACT OF DECEMBER 21, 1944, ARE REQUIRED TO BE MADE AT THE TIME OF SEPARATION IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS EXISTING AT THAT TIME WHICH WOULD HAVE AFFECTED THE EMPLOYEE'S COMPENSATION HAD HE REMAINED IN THE SERVICE FOR THE PERIOD COVERED BY HIS LEAVE. HOWEVER, IN MAKING THE PROVISIONS OF PUBLIC LAW 201 RETROACTIVELY EFFECTIVE AS TO EMPLOYEES WHO WERE IN THE SERVICE ON OCTOBER 24, 1951 (SEE B-106337 OF NOVEMBER 6, 1951), IT APPEARS THAT THE CONGRESS CONSTRUCTIVELY PLACED THE SAID STATUTE IN EXISTENCE DURING THE ENTIRE PERIOD OF ITS RETROACTIVITY AND CLEARLY INTENDED THAT THE EMPLOYEES COVERED THEREBY SHOULD RECEIVE ALL THE BENEFITS RESULTING FROM THE AMENDED COMPENSATION SCHEDULES TO THE SAME EXTENT AS SUCH BENEFITS WOULD HAVE ACCRUED IF THE LAW HAD BEEN ENACTED ON ITS EFFECTIVE DATE AND APPLIED CURRENTLY. THEREFORE, * * * QUESTION 2 (B) IS ANSWERED IN THE AFFIRMATIVE. IN ARRIVING AT THIS CONCLUSION THERE HAS NOT BEEN OVERLOOKED THE ANSWER TO QUESTION 3, EMPLOYEE C, IN 29 COMP. GEN. 33. THE QUESTION 2 (B) WHICH WAS ANSWERED IN THE AFFIRMATIVE IN THE ABOVE QUOTED PORTION OF THE DECISION, WAS WHETHER THE RETROACTIVE ADJUSTMENT SHOULD BE MADE FOR THE PERIOD COVERED BY THE LUMP-SUM LEAVE PAYMENT WHERE THE EMPLOYEE HAD BEEN REEMPLOYED AFTER THE EXPIRATION OF THE LEAVE PERIOD AND WAS IN THE SERVICE OCTOBER 24, 1951.

IN LINE WITH THE HOLDING MADE IN THE ABOVE DECISION, PAYMENT ON THE VOUCHER APPEARS PROPER, IN THE ABSENCE OF OTHER OBJECTION.