B-155517, NOV. 10, 1964

B-155517, NOV. 10, 1964

TO MR. N. O. WOOD, JR.:

ON OCTOBER 27, 1964, YOU REQUESTED OUR DECISION WHETHER A PAYROLL VOUCHER COVERING RETROACTIVE SALARY FOR MR. JAMES K. CARR, FORMER UNDER SECRETARY OF THE DEPARTMENT OF THE INTERIOR FOR THE PERIOD JULY 5 THROUGH JULY 15, 1964, MAY BE CERTIFIED FOR PAYMENT.

YOU INFORM US THAT MR. CARR SUBMITTED HIS RESIGNATION AS UNDER SECRETARY ON JUNE 4, 1964, TO BE EFFECTIVE AT THE CLOSE OF BUSINESS ON JULY 15, 1964. THIS RESIGNATION WAS ACCEPTED BY THE PRESIDENT ON JUNE 5, 1964. PRIOR TO JULY 15 MR. CARR SUBMITTED AN APPLICATION FOR RETIREMENT TO THE CIVIL SERVICE COMMISSION, WHICH WAS APPROVED BY THE CIVIL SERVICE COMMISSION EFFECTIVE JULY 16.

IN ACCORDANCE WITH THE PROVISIONS OF THE GOVERNMENT EMPLOYEES SALARY REFORM ACT OF 1964, 78 STAT. 400, PUB.L. 88-426, APPROVED AUGUST 14, 1964, THE SALARY OF THE UNDER SECRETARY OF THE DEPARTMENT OF THE INTERIOR WAS INCREASED FROM $21,000 TO $28,500. THE EFFECTIVE DATE OF THE INCREASE UNDER THE PROVISIONS OF SECTION 501/A) OF THE ACT IS JULY 5, 1964. YOU ASK WHETHER WE CONCUR WITH YOU THAT THE PROVISIONS OF SECTION 502/A) OF THE ACT PERMIT RETROACTIVE PAYMENT OF THE INCREASED SALARY TO MR. CARR.

SECTION 502/A) PROVIDES THAT:

"RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID BY REASON OF THIS ACT ONLY IN THE CASE OF AN INDIVIDUAL IN THE SERVICE OF THE UNITED STATES (INCLUDING SERVICE IN THE ARMED FORCES OF THE UNITED STATES) OR 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 (1) TO AN OFFICER OR EMPLOYEE WHO RETIRED DURING THE PERIOD BEGINNING ON THE EFFECTIVE DATE PRESCRIBED BY SECTION 501/A) AND ENDING ON THE DATE OF ENACTMENT OF THIS ACT FOR SERVICES RENDERED DURING SUCH PERIOD AND (2) IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF AUGUST 3, 1950 (PUBLIC LAW 636, EIGHTY-FIRST CONGRESS), AS AMENDED (5 U.S.C. 61F-61K), FOR SERVICES RENDERED DURING THE PERIOD BEGINNING ON THE EFFECTIVE DATE PRESCRIBED BY SECTION 501 (A) AND ENDING ON THE DATE OF ENACTMENT OF THIS ACT BY AN OFFICER OR EMPLOYEE WHO DIES DURING SUCH PERIOD. SUCH RETROACTIVE COMPENSATION OR SALARY SHALL NOT BE CONSIDERED AS BASIC SALARY FOR THE PURPOSE OF THE CIVIL SERVICE RETIREMENT ACT IN THE CASE OF ANY SUCH RETIRED OR DECEASED OFFICER OR EMPLOYEE.'

UNDER THE RELATED CIRCUMSTANCES OUR VIEW IS THAT MR. CARR MEETS THE REQUIREMENTS OF THE ABOVE STATUTE FOR ENTITLEMENT TO RETROACTIVE SALARY. THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.