B-123358, MAY 19, 1955, 34 COMP. GEN. 619

B-123358, MAY 19, 1955, 34 COMP. GEN. 619

DISTRICT OF COLUMBIA - METROPOLITAN POLICE DEPARTMENT - RATE UPON PROMOTION THE ADDITIONAL ALLOWANCES PRESCRIBED FOR MEMBERS OF THE METROPOLITAN POLICE DEPARTMENT ASSIGNED TO SPECIAL DUTIES ARE A PART OF THEIR BASIC SALARIES AND, IN ACCORDANCE WITH THE SAVINGS PROVISIONS IN SECTION 102 OF THE ACT OF JUNE 20, 1953, ARE FOR INCLUSION, TOGETHER WITH EARNED LONGEVITY INCREASES, IN FIXING THE RATE OF COMPENSATION UPON PROMOTION.

COMPTROLLER GENERAL CAMPBELL TO A. R. PILKERTON, GOVERNMENT OF THE DISTRICT OF COLUMBIA, MAY 19, 1955:

YOUR LETTER POSTMARKED MARCH 21, 1955, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED ON THE ACCOMPANYING VOUCHER COVERING ADDITIONAL COMPENSATION TO GEORGE I. EPPARD, JR., CORPORAL, AND JOHN L. SULLIVAN, LIEUTENANT, OF THE METROPOLITAN POLICE FORCE.

IT IS STATED THAT ON OCTOBER 7, 1953, GEORGE I. EPPARD, JR., PRIVATE, CLASS 4, BASIC SALARY $4,641, PLUS TWO LONGEVITY INCREASES AMOUNTING TO $240, AND $270 ADDITIONAL COMPENSATION FOR ASSIGNMENT TO DUTY AS A PROBATIONAL DETECTIVE, TOTALING $5,151, WAS PROMOTED TO CORPORAL WITH THE SALARY OF $5,090 RESULTING IN A SALARY DECREASE OF $61 PER ANNUM.

ON FEBRUARY 10, 1954, JOHN L. SULLIVAN, PRIVATE CLASS 4, WITH BASIC SALARY OF $4,461, PLUS TWO LONGEVITY INCREASES AMOUNTING TO $240, AND $1,200 ADDITIONAL COMPENSATION FOR ASSIGNMENT TO DUTY AS A DETECTIVE SERGEANT, TOTALING $6,081, WAS PROMOTED TO THE RANK OF LIEUTENANT WITH THE SALARY RATE OF $6,009, RESULTING IN A SALARY DECREASE OF $72 PER ANNUM. SPECIFICALLY YOU REQUEST DECISION AS FOLLOWS:

YOUR ADVICE IS REQUESTED AS TO WHETHER, IN PROMOTING AN OFFICER OF THE POLICE DEPARTMENT FROM A LOWER SALARY RATE TO A HIGHER SALARY RATE ESTABLISHED UNDER SECTION 101 (A), THERE WOULD BE AUTHORIZED THE INCLUSION OF THE ADDITIONAL RATES AUTHORIZED TO BE PAID FOR ASSIGNMENT TO SPECIAL DUTY, AS CONTAINED IN SECTION 101 (B), FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO SALARY IN SUCH HIGHER SALARY RATE.

SUBSECTION (A) OF SECTION 101, OF PUBLIC LAW, 74, APPROVED JUNE 20, 1953, 67 STAT. 72, ESTABLISHED BASIC SALARIES FOR OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE. SUBSECTION (B) OF THAT SECTION PROVIDES---

(B) THE ANNUAL BASIC SALARY OF A PRIVATE OF ANY CLASS OF THE FORCE SHALL BE INCREASED BY---

(1) $1,200, WHILE HE IS ASSIGNED TO DUTY AS A DETECTIVE SERGEANT;

(2) $465, WHILE HE IS ASSIGNED TO DUTY AS A PRECINCT DETECTIVE;

(3) $300, WHILE HE IS ASSIGNED TO DUTY AS A STATION CLERK;

(4) $270, WHILE HE IS ASSIGNED TO DUTY AS A PROBATIONAL DETECTIVE; OR

(5) $390, WHILE HE IS ASSIGNED TO DUTY AS A MOTORCYCLE OFFICER.

PARAGRAPH (5) OF THIS SUBSECTION SHALL APPLY TO ANY OFFICER BELOW THE GRADE OF LIEUTENANT.

SECTION 102 (A) AND (B), 67 STAT. 73, OF THE SAME ACT PROVIDING FOR LONGEVITY INCREASES, CONTAINS THE FOLLOWING PROVISIONS---

SEC. 102. (A) THE ANNUAL BASIC SALARY OF EACH OFFICER AND MEMBER OF THE METROPOLITAN POLICE FORCE IN A GRADE ABOVE THAT OF PRIVATE, CLASS 3, EXCEPT THE CHIEF OF POLICE, SHALL BE INCREASED BY $120AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING EACH FIVE-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE, INCLUDING SERVICE IN SUCH GRADE RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS ACT; PROVIDED, THAT IN COMPUTING SERVICE RENDERED PRIOR TO SUCH DATE BY ANY INDIVIDUAL IN THE GRADE OF PRIVATE, ONLY SERVICE IN SUCH GRADE IN EXCESS OF THREE YEARS SHALL BE CREDITABLE IN DETERMINING SUCH INCREASE OR INCREASES FOR ANY INDIVIDUAL ASSIGNED TO THE GRADE OF PRIVATE, CLASS 4, IN THE FOREGOING SALARY TABLE. THE ANNUAL BASIC SALARY OF THE CHIEF OF POLICE SHALL BE INCREASED BY $200 AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING EACH EIGHTEEN-MONTH PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE INCLUDING SERVICE IN SUCH GRADE RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS ACT. FOR THE PURPOSE OF THIS SUBSECTION, SERVICE SHALL NOT BE DEEMED TO HAVE BEEN DISCONTINUED BY REASON OF ANY ASSIGNMENT (WITH AN ACCOMPANYING INCREASE IN BASIC SALARY) PURSUANT TO SUBSECTION (B) OR SUBSECTION (C) OF SECTION 101 OF THIS ACT. AN INCREASE IN BASIC SALARY UNDER THIS SUBSECTION SHALL BE KNOWN AS A LONGEVITY INCREASE.

(B) ANY OFFICER OR MEMBER WHO IS PROMOTED TO A POSITION IN A HIGHER GRADE IN THE FOREGOING SALARY TABLE WHO IS RECEIVING ONE OR MORE LONGEVITY INCREASES UNDER SUBSECTION (A) OF THIS SECTION, AND WHOSE BASIC SALARY, AS INCREASED BY SUCH LONGEVITY INCREASES, EXCEEDS THE SCHEDULED RATE FOR SUCH HIGHER GRADE, SHALL, UPON PROMOTION, BE ENTITLED TO THE BASIC SALARY OF SUCH HIGHER GRADE PLUS SO MANY EQUIVALENT LONGEVITY INCREASES AS MAY BE NECESSARY TO MAKE HIS SALARY IN SUCH HIGHER GRADE AT LEAST EQUAL THE SALARY HE RECEIVED BEFORE PROMOTION, INCLUDING LONGEVITY INCREASES.

THERE APPEARS TO BE NO DOUBT BUT THAT THE SPECIAL ALLOWANCES PRESCRIBED FOR PRIVATES ASSIGNED TO SPECIAL DUTIES BECOME PART OF THEIR BASIC SALARIES. CF. 25 COMP. GEN. 429, AND THE ACT OF JUNE 19, 1946, 60 STAT. 261. ACCORDINGLY, AS SECTION 102 (B) SAVES THE BASIC SALARY PLUS LONGEVITY INCREASES UPON PROMOTIONS TO HIGHER GRADES, AND BOTH THE OFFICERS HERE INVOLVED HAD PREVIOUS LONGEVITY INCREASES IT FOLLOWS THAT UPON THEIR PROMOTIONS TO THE HIGHER RANK THEIR SALARIES AS CORPORAL AND LIEUTENANT SHOULD BE FIXED AT THE LONGEVITY STEP IN THE RESPECTIVE HIGHER GRADES AS WOULD AT LEAST EQUAL THEIR BASIC SALARIES AS PRIVATES, INCLUSIVE OF THE SPECIAL ALLOWANCE FOR ASSIGNMENT AS PROBATIONAL DETECTIVE AND DETECTIVE SERGEANT RESPECTIVELY, PLUS THEIR LONGEVITY INCREASES EARNED AS PRIVATES.

THE VOUCHER IS RETURNED, AND IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.