B-31873, JANUARY 30, 1943, 22 COMP. GEN. 720

B-31873, JANUARY 30, 1943, 22 COMP. GEN. 720

ADDITIONAL COMPENSATION UNDER ACT OF DECEMBER 22, 1942 - UNITED STATES COMMISSIONERS, AND CONCILIATION AND SUPERVISING CONCILIATION COMMISSIONERS UNITED STATES COMMISSIONERS WHOSE FEES ARE FIXED BY THE PROVISIONS OF 28 U.S.C. 597, AND CONCILIATION AND SUPERVISING CONCILIATION COMMISSIONERS WHOSE FEES ARE PRESCRIBED BY THE PROVISIONS OF 11 U.S.C. 203 (B), ARE ENTITLED UNDER, AND WITHIN THE LIMITATIONS OF, THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, TO AN INCREASE IN THEIR STATUTORY FEES ON A 10 PERCENT BASIS, THE FORMULA SPECIFICALLY MADE APPLICABLE BY SAID ACT TO "OFFICERS OR EMPLOYEES WHOSE COMPENSATION IS BASED ON * * * FEES.' UNITED STATES COMMISSIONERS WILL NOT BE REQUIRED TO CLAIM IN THEIR ACCOUNTS THE 10 PERCENT INCREASE AUTHORIZED TO BE ADDED TO THEIR FEES UNDER THE PROVISIONS OF THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, BUT SUCH INCREASE WILL BE ADDED TO THE TOTAL AMOUNT OF SUCH FEES UPON SETTLEMENT OF THEIR QUARTERLY ACCOUNTS BY THIS OFFICE PURSUANT TO THE PROVISIONS OF 28 U.S.C. 599. IN THE SETTLEMENT BY THIS OFFICE OF THE QUARTERLY ACCOUNTS OF UNITED STATES COMMISSIONERS, INVOLVING ANY FEE EARNED DURING THE PERIOD DECEMBER 1, 1942, THROUGH APRIL 30, 1943, THE EFFECTIVE PERIOD OF THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, THE TOTAL AMOUNT OF THE FEES ALLOWED WILL BE INCREASED BY 10 PERCENT--- THE PERCENTAGE INCREASE AUTHORIZED BY SAID ACT--- SUBJECT TO THE MAXIMUM MONTHLY INCREASE OF $24.16 AUTHORIZED BY THE ACT, PROVIDED THAT ONLY SO MUCH OF THE MONTHLY INCREASE WILL BE ALLOWED AS WILL NOT INCREASE THE MONTHLY "AGGREGATE COMPENSATION" BEYOND $416.66 ( 1/12 OF THE $5,000 PER ANNUM LIMITATION OF THE ACT), ANY NECESSARY ADJUSTMENT TO BE MADE AS OF APRIL 30, 1943, SO THAT THE PROPER AMOUNT OF INCREASE MAY BE RECEIVED FOR THE FIVE MONTHS INVOLVED. THE PROCEDURE (PRESCRIBED IN THIS DECISION) TO BE FOLLOWED BY THIS OFFICE IN THE SETTLEMENT OF THE ACCOUNTS OF UNITED STATES COMMISSIONERS INVOLVING THE 10 PERCENT INCREASE IN FEES TO WHICH THEY ARE ENTITLED UNDER, AND WITHIN THE LIMITATIONS OF, THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, MAY BE FOLLOWED ADMINISTRATIVELY, SO FAR AS SUCH PROCEDURE MAY BE APPLICABLE, IN MAKING PAYMENTS OF THE FEES, AS TEMPORARILY INCREASED BY SAID ACT, AUTHORIZED FOR CONCILIATION AND SUPERVISING CONCILIATION COMMISSIONERS.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, JANUARY 30, 1943:

I HAVE YOUR LETTER OF JANUARY 19, 1943, AS FOLLOWS:

THE FINAL PROVISO IN PUBLIC LAW 821, 77TH CONGRESS, APPROVED DECEMBER 22, 1942, EXTENDING OVERTIME COMPENSATION TO CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES, WHICH I QUOTE BELOW, GRANTS ADDITIONAL COMPENSATION IN LIEU OF OVERTIME COMPENSATION TO CERTAIN CLASSES OF EMPLOYEES:

"THAT OFFICERS OR EMPLOYEES WHOSE COMPENSATION IS BASED ON MILEAGE, POSTAL RECEIPTS, FEES, PIECEWORK, OR OTHER THAN A TIME PERIOD BASIS OR WHOSE HOURS OF DUTY ARE INTERMITTENT, IRREGULAR, OR LESS THAN FULL TIME, SUBSTITUTE EMPLOYEES WHOSE COMPENSATION IS BASED UPON A RATE PER HOUR OR PER DAY, AND EMPLOYEES IN OR UNDER THE LEGISLATIVE AND JUDICIAL BRANCHES, SHALL BE PAID ADDITIONAL COMPENSATION, IN LIEU OF THE OVERTIME COMPENSATION AUTHORIZED HEREIN, AMOUNTING TO 10 PERCENTUM OF SO MUCH OF THEIR EARNED BASIC COMPENSATION AS IS NOT IN EXCESS OF A RATE OF $2,900 PER ANNUM, AND EACH SUCH EMPLOYEE SHALL BE PAID ONLY SUCH ADDITIONAL COMPENSATION OR PORTION THEREOF AS WILL NOT CAUSE HIS AGGREGATE COMPENSATION TO EXCEED A RATE OF $5,000 PER ANNUM.'

I REQUEST ADVICE WITH REGARD TO THE STATUS FOR ADDITIONAL COMPENSATION UNDER THE ACT OF THE FOLLOWING OFFICERS IN THE JUDICIAL BRANCH OF THE GOVERNMENT.

1. UNITED STATES COMMISSIONERS, WHOSE SOLE COMPENSATION IS DERIVED FROM FEES AS PROVIDED IN THE ACT OF MAY 28, 1896 (28 U.S.C. 597).

2. (A) SUPERVISING CONCILIATION COMMISSIONERS, WHOSE DUTY IT IS TO PERFORM SUCH SUPERVISORY FUNCTIONS UNDER SECTION 75 OF THE BANKRUPTCY LAW AS THE COURT MAY BY ORDER SPECIFY, AND WHOSE SOLE COMPENSATION IS A PER DIEM ALLOWANCE TO BE FIXED BY THE COURT IN AN AMOUNT NOT IN EXCESS OF $5.00 PER DAY. ( SEC. 75B.)

2. (B) CONCILIATION COMMISSIONERS WHO ACT FOR THE COURT IN ADMINISTERING THE AFFAIRS OF FARM DEBTORS UNDER SECTION 75 (B) OF THE BANKRUPTCY LAW, AND WHOSE SOLE COMPENSATION, PAYABLE FROM THE TREASURY OF THE UNITED STATES, IS A FEE OF $25.00 FOR EACH CASE SUBMITTED.

THE FEES OF UNITED STATES COMMISSIONERS, THE PER DIEM ALLOWANCE OF SUPERVISING CONCILIATION COMMISSIONERS, AND THE FEES FOR SERVICES RENDERED BY CONCILIATION COMMISSIONERS ARE PAID BY THE UNITED STATES FROM THE APPROPRIATION " FEES OF COMMISSIONERS.'

IN THE EVENT YOUR DECISION IS THAT THESE OFFICERS ARE ENTITLED TO THE BENEFITS OF THE ACT, IT IS REQUESTED THAT AN OUTLINE OF PROCEDURE BE GIVEN US SHOWING THE METHOD OF COMPUTATION TO BE FOLLOWED IN ARRIVING AT THE PROPER AMOUNTS TO BE PAID IN THE WAY OF ADDITIONAL COMPENSATION AS PROVIDED BY THE ACT.

SECTION 597, TITLE 28, U.S. CODE, 29 STAT. 184, 186, FIXES THE RATE OF FEES TO WHICH UNITED STATES COMMISSIONERS ARE ENTITLED FOR EACH SERVICE PERFORMED. UNQUESTIONABLY, UNITED STATES COMMISSIONERS ARE "CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT" WITHIN THE MEANING OF JOINT RESOLUTION NO. 170, APPROVED DECEMBER 22, 1942 56 STAT. 1068, PUBLIC LAW 821. ACCORDINGLY, THEY ARE ENTITLED TO AN INCREASE IN THEIR STATUTORY FEES ON A 10 PERCENT BASIS, THE FORMULA SPECIFICALLY MADE APPLICABLE TO "OFFICERS OR EMPLOYEES WHOSE COMPENSATION IS BASED ON * * * FEES," SUBJECT TO THE SALARY LIMITATIONS OR CEILING RATES OF $2,900 AND $5,000 PER ANNUM PRESCRIBED BY THE NEW LAW. SEE DECISION OF DECEMBER 22, 1942, B-31220, 22 COMP. GEN. 570, TO THE CLERK, HOUSE OF REPRESENTATIVES, AND QUESTION AND ANSWER 6, WITH REFERENCE TO FOURTH-CLASS POSTMASTERS, DECISION OF JANUARY 8, 1943, B 31488, 22 COMP. GEN. 627, TO THE POSTMASTER GENERAL.

SECTIONS 598 AND 599, TITLE 28, U.S. CODE, PROVIDE:

SEC. 598. COMMISSIONERS' ACCOUNTS; PROOF, AND APPROVAL BY COURT.

THE ACCOUNTS OF UNITED STATES COMMISSIONERS SHALL BE RENDERED QUARTERLY, IN DUPLICATE, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE ATTORNEY GENERAL, AND TRANSMITTED TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT IN WHICH THE COMMISSIONER RESIDES, WHO SHALL FILE THE DUPLICATE IN HIS OFFICE AND TRANSMIT THE ORIGINAL TO THE ATTORNEY GENERAL. THE APPROVAL OF THE COURT AS TO THE ACCOUNTS OF COMMISSIONERS SHALL NOT BE REQUIRED. (AS AMENDED MAY 29, 1928, C. 906, 45 STAT. 998.)

SEC. 599. COMMISSIONERS' FEES; HOW PAID

THE FEES OF COMMISSIONERS, IN CASES WHERE THE UNITED STATES ARE LIABLE TO PAY THE SAME, SHALL BE PAID ON SETTLING THEIR ACCOUNTS IN THE GENERAL ACCOUNTING OFFICE.

SECTIONS 1700-1704, INSTRUCTIONS TO UNITED STATES COMMISSIONERS, ETC., ISSUED BY THE ATTORNEY GENERAL OCTOBER 1, 1929, PROVIDE FOR THE RENDERING OF ACCOUNTS BY UNITED STATES COMMISSIONERS ON A QUARTERLY BASIS AT DIFFERENT TIMES OF THE YEAR FOR DIFFERENT SECTIONS OF THE COUNTRY. HOWEVER, EACH ACCOUNT IS REQUIRED TO SHOW AND DOES SHOW THE DATE ON WHICH EACH SERVICE IS RENDERED BY UNITED STATES COMMISSIONERS WHICH WOULD BE THE DATE ON WHICH THE FEE FOR THE SERVICE PERFORMED IS EARNED.

THE UNITED STATES COMMISSIONERS WILL NOT BE REQUIRED TO CLAIM IN THEIR ACCOUNTS AN INCREASE OF 10 PERCENT OF EACH FEE CLAIMED, BUT SUCH INCREASE WILL BE ADDED TO THE TOTAL AMOUNT OF SUCH FEES IN THE SETTLEMENT OF EACH QUARTERLY ACCOUNT, INVOLVING ANY FEE EARNED DURING THE PERIOD DECEMBER 1, 1942, THROUGH APRIL 30, 1943, THE PERIOD OVER WHICH THE JOINT RESOLUTION OF DECEMBER 22, 1942, IS EFFECTIVE, AN INCREASE IN THE TOTAL AMOUNT OF FEES ALLOWED WILL BE INCREASED BY 10 PERCENT, SUBJECT TO A MAXIMUM INCREASE OF $24.16 ( 1/12 OF 10 PERCENT OF $2,900 PER ANNUM) FOR EACH MONTH WILL BE ALLOWED AS WILL NOT INCREASE THE "AGGREGATE COMPENSATION" (FEES PLUS THE 10 PERCENT INCREASE) FOR EACH MONTH TO MORE THAN $416.66 ( 1/12 OF $5,000 PER ANNUM.) ANY NECESSARY ADJUSTMENT WILL BE MADE IN THE ACCOUNTS AS OF APRIL 30, 1943, EXPIRATION DATE OF THE STATUTE, SO THAT UNITED STATES COMMISSIONERS WILL RECEIVE THE PROPER AMOUNT OF INCREASE FOR THE FIVE MONTHS INVOLVED.

SECTION 203 (B), TITLE 11, U.S. CODE, PROVIDES, IN PERTINENT PART:

* * * THE CONCILIATION COMMISSIONER SHALL RECEIVE AS COMPENSATION FOR HIS SERVICES A FEE OF $25 FOR EACH CASE SUBMITTED TO HIM, TO BE PAID OUT OF THE TREASURY WHEN THE CONCILIATION COMMISSIONER COMPLETES THE DUTIES ASSIGNED TO HIM BY THE COURT. A SUPERVISING CONCILIATION COMMISSIONER SHALL RECEIVE, AS COMPENSATION FOR HIS SERVICES, A PER DIEM ALLOWANCE TO BE FIXED BY THE COURT IN AN AMOUNT NOT IN EXCESS OF $5 PER DAY, TOGETHER WITH SUBSISTENCE AND TRAVEL EXPENSES IN ACCORDANCE WITH THE LAW APPLICABLE TO OFFICERS OF THE DEPARTMENT OF JUSTICE. SUCH COMPENSATION AND EXPENSES SHALL BE PAID OUT OF THE TREASURY. * * *

THE FEES AUTHORIZED BY THAT STATUTE HAVE BEEN INCREASED BY 10 PERCENT OF THE FEES EARNED DURING THE LIFE OF THE JOINT RESOLUTION OF DECEMBER 22, 1942--- DECEMBER 1, 1942, TO APRIL 30, 1943--- SUBJECT TO THE SALARY LIMITATIONS OF $2,900 AND $5,000 PER ANNUM. IF SAID COMMISSIONERS EARN FEES AMOUNTING TO MORE THAN $2,900 OR $5,000 PER ANNUM, THE INCREASE OF 10 PERCENT MUST BE LIMITED ON A MONTHLY BASIS SUBJECT TO ADJUSTMENT AS OF APRIL 30, 1943, SO THAT NO MORE INCREASE IN FEES WILL BE ALLOWED THAN IS AUTHORIZED BY THE NEW LAW. THE PROCEDURE ABOVE STATED TO BE FOLLOWED BY THIS OFFICE IN THE SETTLEMENT OF THE ACCOUNTS OF UNITED STATES COMMISSIONERS MAY BE FOLLOWED ADMINISTRATIVELY IN MAKING PAYMENTS OF FEES TO SAID COMMISSIONERS SO FAR AS SUCH PROCEDURE MAY BE APPLICABLE.