B-32063, FEBRUARY 8, 1943, 22 COMP. GEN. 770

B-32063, FEBRUARY 8, 1943, 22 COMP. GEN. 770

OVERTIME AND ADDITIONAL COMPENSATION - EMPLOYEES OF HOWARD UNIVERSITY AND COLUMBIA INSTITUTION FOR THE DEAF THE PERSONNEL OF HOWARD UNIVERSITY AND THE COLUMBIA INSTITUTION FOR THE DEAF ARE EMPLOYEES ,UNDER THE UNITED STATES GOVERNMENT" WITHIN THE MEANING OF THAT TERM IN THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, AND, THEREFORE, THE SAID ACT IS APPLICABLE TO SUCH PERSONNEL AS ARE PAID IN WHOLE OR IN PART FROM MONEYS OTHER THAN APPROPRIATED FUNDS. IF THE BASIC SALARY RATE OF AN EMPLOYEE APPOINTED BY HOWARD UNIVERSITY OR THE COLUMBIA INSTITUTION FOR THE DEAF IS AUTHORIZED TO BE FIXED WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE WITHOUT REGARD TO ANY LAW, THERE IS NO LEGAL REQUIREMENT THAT SAID BASIC SALARY RATE BE THE SAME AS THAT OF HIS PREDECESSOR, BUT ANY BASIC RATE OF COMPENSATION FIXED FOR THE NEW APPOINTEE THEN WOULD BE SUBJECT TO THE TEMPORARY INCREASE AUTHORIZED BY THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, AND THE INCREASE AS WELL AS THE BASIC COMPENSATION SHOULD BE IDENTIFIED SEPARATELY IN THE APPOINTMENT. BONUSES PAID TO EMPLOYEES OF THE COLUMBIA INSTITUTION FOR THE DEAF, SUCH AS BONUSES FOR ESPECIALLY GOOD MILK OR ON ALL EGG PRODUCTION, ARE NOT TO BE CONSIDERED AS PART OF THEIR BASIC COMPENSATION ON WHICH IS TO BE COMPUTED THE TEMPORARY INCREASE AUTHORIZED BY THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942. IF THE REASONABLE VALUE OF BOARD AND/OR QUARTERS FURNISHED IN KIND TO EMPLOYEES OF THE COLUMBIA INSTITUTION FOR THE DEAF IS ADMINISTRATIVELY REGARDED AS A PART OF THEIR COMPENSATION, THAT VALUE MAY BE ADDED TO THEIR CASH SALARY BEFORE COMPUTING THE OVERTIME COMPENSATION AUTHORIZED BY THE ACT OF DECEMBER 22, 1942.

COMPTROLLER GENERAL WARREN TO THE FEDERAL SECURITY ADMINISTRATOR, FEBRUARY 8, 1943:

I HAVE YOUR LETTER OF JANUARY 26, 1943, AS FOLLOWS:

PUBLIC LAW NO. 821, 77TH CONGRESS, IS MADE APPLICABLE "TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT.' IN VIEW OF THE DECISION OF THE COMPTROLLER GENERAL IN 12 C.G. 113 (1932), IT WOULD APPEAR THAT THIS JOINT RESOLUTION IS APPLICABLE TO HOWARD UNIVERSITY AND THE COLUMBIA INSTITUTION FOR THE DEAF.

AS YOU KNOW, EACH OF THESE INSTITUTIONS IS SUPPORTED IN PART BY APPROPRIATED FUNDS AND IN PART BY FUNDS DERIVED FROM OTHER SOURCES.

AT THE COLUMBIA INSTITUTION FOR THE DEAF THE CONTRACT OF EMPLOYMENT FOR A PART OF THE PERSONNEL PROVIDES FOR A SPECIFIC CASH PAYMENT, PLUS QUARTERS, OR BOARD, OR BOTH. AT THIS INSTITUTION ALSO CERTAIN BONUSES ARE PAID IN ADDITION TO THE REGULAR SALARY, AS FOR INSTANCE, THE BONUS TO THE DAIRYMAN ON THE FARM FOR THE PRODUCTION OF ESPECIALLY GOOD MILK, OR THE ALLOWANCE OF 2 CENTS A DOZEN FOR ALL EGG PRODUCTION PAID TO THE MAN IN CHARGE OF THE CHICKENS.

YOUR DECISION IS REQUESTED ON THE FOLLOWING POINTS:

1. IS THE JOINT RESOLUTION APPLICABLE TO THE SALARIES OF SUCH PERSONNEL OF HOWARD UNIVERSITY AND COLUMBIA INSTITUTION FOR THE DEAF AS ARE PAID IN WHOLE OR IN PART FROM MONEYS OTHER THAN APPROPRIATED FUNDS?

2. IN VIEW OF THE FACT THAT THESE INSTITUTIONS FIX THEIR SALARY SCALES WITHOUT REGARD TO THE CLASSIFICATION ACT, IS THERE ANY LEGAL REQUIREMENT THAT WHEN A NEW EMPLOYEE IS HIRED HIS SALARY BE FIXED AT AN AMOUNT EQUIVALENT TO THE PAY OF HIS PREDECESSOR AS AUGMENTED UNDER PUBLIC LAW NO. 21?

3. ARE BONUSES TO BE CONSIDERED AS PART OF THE BASE UPON WHICH THE PERCENTAGE INCREASE FOR OVERTIME IS CALCULATED?

4. IS A REASONABLE AMOUNT FOR BOARD OR QUARTERS TO BE ADDED TO THE CASH SALARY BEFORE CALCULATING THE AMOUNT DUE FOR OVERTIME SERVICES?

THE DECISION OF JULY 26, 1932, 12 COMP. GEN. 113, TO WHICH YOU REFER, HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE OFFICERS AND EMPLOYEES OF HOWARD UNIVERSITY AND COLUMBIA INSTITUTION FOR THE DEAF, BEING EMPLOYEES "UNDER" A BRANCH OF THE GOVERNMENT SERVICE BUT NOT EMPLOYEES "IN" OR "OF" ANY BRANCH OF SUCH SERVICE, ARE SUBJECT TO THE PROVISIONS OF SECTION 101, TITLE I, OF THE ECONOMY ACT AND SECTION 203 OF THAT ACT, BUT DO NOT COME WITHIN THE PURVIEW OF SECTIONS 201 AND 202 THEREOF.

AS JOINT RESOLUTION NO. 170, APPROVED DECEMBER 22, 1942, 56 STAT. 1068, PUBLIC LAW 821, IS APPLICABLE "TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT"--- WITH CERTAIN EXPRESS EXCEPTIONS NOT HERE INVOLVED--- QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE.

REFERRING TO QUESTION 2, YOU ARE ADVISED THAT THE INCREASE IN COMPENSATION AUTHORIZED BY THE JOINT RESOLUTION OF DECEMBER 22, 1942, IS REQUIRED TO BE COMPUTED ON THE "EARNED BASIC PENSATION.' ACCORDINGLY, THE BASIC RATE OF COMPENSATION AND THE TEMPORARY INCREASE AUTHORIZED BY SAID RESOLUTION SHOULD BE IDENTIFIED SEPARATELY IN ANY APPOINTMENT FIXING THE RATE OF COMPENSATION TO BE PAID. IF THE BASIC SALARY RATE OF THE EMPLOYEE REFERRED TO IN QUESTION 2 IS AUTHORIZED TO BE FIXED WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE WITHOUT REGARD TO ANY LAW, THERE IS NO LEGAL REQUIREMENT THAT SAID BASIC RATE OF COMPENSATION OF A NEW APPOINTEE BE THE SAME AS THAT OF HIS PREDECESSOR, BUT ANY BASIC RATE OF COMPENSATION FIXED FOR THE NEW APPOINTEE THEN WOULD BE SUBJECT TO THE INCREASE AUTHORIZED BY PUBLIC LAW 821 AND THE AMOUNT OF THE INCREASE SHOULD BE IDENTIFIED IN THE APPOINTMENT AS SUCH.

QUESTION 3 IS ANSWERED IN THE NEGATIVE. SEE DECISION OF JANUARY 13, 1943, B-31619, 22 COMP. GEN. 649, TO THE LIBRARIAN OF CONGRESS.

IN THE ABSENCE OF A STATUTE SPECIFICALLY PROVIDING OTHERWISE (SEE 33 U.S.C. 763, SECOND PROVISO), THE VALUE OF BOARD OR QUARTERS OR OTHER ALLOWANCES FURNISHED IN KIND TO CIVILIAN EMPLOYEES OF THE GOVERNMENT IS REGARDED AS A PART OF THE TOTAL COMPENSATION OF A POSITION. SEE SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193, AND THE DEFINITION OF TERM "COMPENSATION" IN THE ACT APPROVED MARCH 4, 1923, 42 STAT. 1488. WHILE YOU DO NOT SPECIFICALLY SO STATE, IT IS UNDERSTOOD FROM YOUR LETTER THAT THE VALUE OF BOARD OR QUARTERS OR OF BOTH BOARD AND QUARTERS FURNISHED IN KIND TO THE INVOLVED EMPLOYEES IS ADMINISTRATIVELY REGARDED AS A PART OF THE COMPENSATION OF THE EMPLOYEES. IF THAT BE TRUE, QUESTION 4 IS ANSWERED IN THE AFFIRMATIVE. COMPARE 12 COMP. GEN. 173, 187, 196, 298, 398, 470, 520, 606.