B-44604, NOVEMBER 29, 1944, 24 COMP. GEN. 418

B-44604, NOVEMBER 29, 1944, 24 COMP. GEN. 418

PAY - RETIRED - COMMISSIONED WARRANT OFFICERS A RETIRED COMMISSIONED WARRANT OFFICER HERETOFORE RECEIVING RETIRED PAY BASED ON THE SAVED PAY OF A WARRANT OFFICER WITH OVER 30 YEARS' SERVICE IS ENTITLED TO RETIRED PAY, EFFECTIVE AS OF JUNE 1, 1942, BASED ON THE ACTIVE -DUTY PAY OF A COMMISSIONED WARRANT OFFICER WITH HIS LENGTH OF SERVICE, THE LATTER PAY BEING HIGHER THAN THE PAY OF A WARRANT OFFICER WITH THE SAME LENGTH OF SERVICE IN VIEW OF THE PROVISIONS OF THE ACT OF SEPTEMBER 7, 1944, AMENDING, EFFECTIVE JUNE 1, 1942, SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942 TO AUTHORIZE THE COUNTING OF ENLISTED AND WARRANT SERVICE, IN ADDITION TO COMMISSIONED SERVICE, IN COMPUTING THE LONGEVITY PAY OF COMMISSIONED WARRANT OFFICERS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, NOVEMBER 29, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 18, 1944, WITH ENCLOSURE FROM LIEUTENANT COMMANDER C. L. HERNDON, ALLOTMENT DISBURSING OFFICER, UNITED STATES COAST GUARD, REQUESTING DECISION RELATIVE TO THE RETIRED PAY LEGALLY AUTHORIZED TO BE PAID TO THOMAS ABRAHAMSON, CHIEF CARPENTER, U.S.C.G. (RETIRED), UNDER THE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, AS AMENDED BY PUBLIC LAW 421, APPROVED SEPTEMBER 7, 1944.

COMMANDER HERNDON STATES IN HIS LETTER AS FOLLOWS:

I HAVE BEFORE ME THE PAY ACCOUNT OF THOMAS ABRAHAMSON, CHIEF CARPENTER, U.S. COAST GUARD ( RETIRED), WHO WAS TRANSFERRED TO THE RETIRED LIST DECEMBER 1, 1934, BY REASON OF HAVING ATTAINED THE STATUTORY RETIREMENT AGE OF 64 YEARS, WITH RETIREMENT PAY AT THE RATE OF $141.75 PER MONTH, THIS BEING THREE-FOURTHS OF $189.00, THE PAY AT THAT TIME OFA WARRANT OFFICER WITH MORE THAN TWELVE YEARS SERVICE. AT THE TIME OF HIS RETIREMENT, MR. ABRAHAMSON HAD COMPLETED A TOTAL OF 41 YEARS, 11 MONTHS, AND 8 DAYS ACTIVE SERVICE, OF WHICH 6 YEARS, 10 MONTHS, AND 3 DAYS WERE IN THE CAPACITY OF A COMMISSIONED OFFICER.

SINCE JUNE 1, 1942, THIS OFFICER HAS BEEN PAID THE SAVED PAY OF A WARRANT OFFICER, COUNTING ALL SERVICE FOR PAY PURPOSES, OR $168.75 PER MONTH, THIS BEING GREATER THAN THE PAY OF A CHIEF WARRANT OFFICER WITH LESS THAN 10 YEARS COMMISSIONED SERVICE, COUNTING SUCH COMMISSIONED SERVICE ONLY, AS PROVIDED IN THE PAY READJUSTMENT ACT OF 1942.

IN VIEW OF THE PROVISIONS OF SECTION 3A, PUBLIC NO. 421--- 78TH CONGRESS, APPROVED SEPTEMBER 7, 1944, AMENDING THE PAY READJUSTMENT ACT OF 1942, TO PERMIT THE CREDIT OF ALL SERVICE IN COMPUTING THE PAY OF PERSONS PAID UNDER THE PROVISIONS OF SECTIONS 1, 3, 8, AND 9 OF THAT ACT, YOUR DECISION IS REQUESTED AS TO WHETHER THIS OFFICER MAY NOW BE CREDITED AND PAID THE MAXIMUM PAY PROVIDED FOR A CHIEF WARRANT OFFICER WITH LESS THAN 10 YEARS COMMISSIONED SERVICE, IN THE AMOUNT OF $196.87 PER MONTH.

SHOULD THE ANSWER TO THE FOREGOING QUESTION BE IN THE AFFIRMATIVE, YOUR FURTHER DECISION IS REQUESTED AS TO WHETHER SUCH PAYMENTS MAY BE MADE RETROACTIVELY TO JUNE 1, 1942, THE EFFECTIVE DATE OF THE PAY READJUSTMENT ACT OF 1942, AS PROVIDED IN SECTION 15 OF THAT ACT.

SECTION 15 OF THE SAID PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, GOVERNING THE COMPUTATION OF RETIRED PAY PROVIDES AS FOLLOWS:

ON AND AFTER THE EFFECTIVE DATE OF THIS ACT, RETIRED OFFICERS, WARRANT OFFICERS, NURSES, ENLISTED MEN, AND MEMBERS OF THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE SHALL HAVE THEIR RETIRED PAY, RETAINER PAY, OR EQUIVALENT PAY, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT, WHICH PAY SHALL INCLUDE INCREASES FOR ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT * * *.

THUS, THE RETIRED PAY TO WHICH THE SUBJECT OFFICER IS ENTITLED IS DEPENDENT UPON A DETERMINATION OF WHAT HIS ACTIVE DUTY PAY WOULD HAVE BEEN HAD THE PERMANENT PAY PROVISIONS OF THE SAID PAY READJUSTMENT ACT OF 1942, AS AMENDED, BEEN IN EFFECT WHEN HE WAS RETIRED.

SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 362, PRESCRIBES THE BASE PAY OF WARRANT OFFICERS AND COMMISSIONED WARRANT OFFICERS AND PARAGRAPH 6 THEREOF--- AS ORIGINALLY ENACTED--- PROVIDED AS FOLLOWS:

EVERY PERSON PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS PERIOD FOR EACH THREE YEARS OF SERVICE, NOT EXCEEDING 30 YEARS. SUCH SERVICE SHALL BE: ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE: PROVIDED, THAT, COMMISSIONED WARRANT OFFICERS SHALL BE CREDITED ONLY WITH ALL COMMISSIONED SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT INCLUDING COMMISSIONED SERVICE IN THE RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD.

UNDER THE PROVISO IN PARAGRAPH 6, SUPRA, ONLY COMMISSIONED SERVICE WAS AUTHORIZED TO BE CREDITED COMMISSIONED WARRANT OFFICERS IN THE COMPUTATION OF THEIR LONGEVITY PAY, WHEREAS WARRANT OFFICERS WERE ENTITLED TO HAVE INCLUDED IN SUCH COMPUTATION ALL ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE SAID ACT. HENCE, AS STATED IN COMMANDER HERNDON'S LETTER, THE RETIRED PAY OF A WARRANT OFFICER WITH OVER 30 YEARS' SERVICE BEING GREATER THAN THE RETIRED PAY OF A COMMISSIONED WARRANT OFFICER WITH LESS THAN 10 YEARS' COMMISSIONED SERVICE, THE OFFICER HERE INVOLVED WAS PAID RETIRED PAY BASED ON THE SAVED PAY OF A WARRANT OFFICER WITH OVER 30 YEARS' SERVICE.

PUBLIC LAW 421, APPROVED SEPTEMBER 7, 1944, 58 STAT. 729, PROVIDES IN PART, AS FOLLOWS:

THAT THE PAY READJUSTMENT ACT OF 1942 IS HEREBY AMENDED BY AMENDING SECTION 3A THEREOF, AS ADDED BY SECTION 3 OF THE ACT OF DECEMBER 2, 1942 ( PUBLIC LAW 785, SEVENTY-SEVENTH CONGRESS), TO READ AS FOLLOWS:

"SEC. 3A. IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF PERSONS PAID UNDER THE PROVISIONS OF SECTION 1, 3, 8, OR 9 OF THIS ACT, SUCH PERSONS, IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY THE SECTION UNDER WHICH THEY ARE PAID, SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD COMMISSIONS AS OFFICERS OR HELD APPOINTMENTS AS WARRANT OFFICERS OR ARMY FIELD CLERKS OR AS COMMISSIONED WARRANT OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE REGULAR ARMY RESERVE, OR IN THE MEDICAL RESERVE CORPS OF THE NAVY, THE DENTAL RESERVE CORPS OF THE NAVY, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NATIONAL GUARD RESERVE, OR IN THE NATIONAL GUARD OF THE UNITED STATES, OR IN THE ENLISTED RESERVE CORPS, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE HEALTH SERVICE, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY, OR IN THE COAST AND GEODETIC SURVEY AS AUTHORIZED BY SECTION 2 (B) OF THE ACT OF JANUARY 19, 1942 (56 STAT. 6). THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY PERSON TO RECEIVE PAY AND ALLOWANCES IN EXCESS OF THE MAXIMUM LIMITATIONS IMPOSED UPON THE TOTAL PAY AND ALLOWANCES OF HIS RANK, GRADE, OR RATING BY ANY OF THE PROVISIONS OF THIS ACT, NOR TO MODIFY THE CHARACTER OF SERVICE REQUIRED FOR ADVANCEMENT OF COMMISSIONED WARRANT OFFICERS TO A HIGHER PAY PERIOD.'

SEC. 2. (A) * * *

(B) THE SIXTH PARAGRAPH OF SECTION 8 OF SUCH ACT IS HEREBY AMENDED TO READ AS FOLLOWS:

"EVERY PERSON PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS PERIOD FOR EACH THREE YEARS OF SERVICE, NOT EXCEEDING THIRTY YEARS. SUCH SERVICE SHALL BE ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY, THE OFFICERS' RESERVE CORPS OF THE ARMY, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE.' * * * * * * * *

SEC. 11. SECTIONS 1 TO 5, INCLUSIVE, OF THIS ACT SHALL BECOME EFFECTIVE AS OF JUNE 1, 1942, SECTION 9 SHALL BECOME EFFECTIVE AS OF DECEMBER 22, 1942, AND THE OTHER SECTIONS HEREOF SHALL BECOME EFFECTIVE AS OF DECEMBER 22, 1942, AND THE OTHER SECTIONS HEREOF SHALL BECOME EFFECTIVE ON THE FIRST DAY OF THE FIRST CALENDAR MONTH OCCURRING AFTER ENACTMENT OF THIS ACT. NO BACK PAY OR ALLOWANCES UNDER ANY SECTION OF THIS ACT FOR ANY PERIOD PRIOR TO THE EFFECTIVE DATE OF SUCH SECTION SHALL ACCRUE TO ANY PERSON WHO IS NOT ENTITLED TO RECEIVE ACTIVE OR RETIRED PAY ON THE DATE OF THE ENACTMENT OF THIS ACT.

BY THE COMMISSION OF THE RESTRICTION THERETOFORE CONTAINED IN PARAGRAPH 6 OF SECTION 8 OF THE SAID PAY READJUSTMENT ACT OF 1942, AS TO THE CHARACTER OF SERVICE WHICH MAY BE CREDITED FOR LONGEVITY PAY PURPOSES FOR COMMISSIONED WARRANT OFFICERS ON ACTIVE DUTY, SUCH OFFICERS HAVE BEEN PLACED ON A PARITY WITH WARRANT OFFICERS SO FAR AS CONCERNS THE ACTIVE FEDERAL SERVICE WHICH MAY BE CREDITED FOR LONGEVITY PAY PURPOSES. THAT IS, COMMISSIONED WARRANT OFFICERS ON ACTIVE DUTY ARE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES THE SERVICES MENTIONED IN SECTIONS 1 AND 2 OF PUBLIC LAW 421, SUPRA, WHICH INCLUDES ENLISTED AND WARRANT SERVICE. SINCE THE RETIRED PAY OF MR. ABRAHAMSON, BASED ON THE ACTIVE DUTY PAY OF A COMMISSIONED WARRANT OFFICER COMPUTED AS NOW AUTHORIZED BY THE SAID PUBLIC LAW 421, IS GREATER THAN THE RETIRED PAY OF A WARRANT OFFICER WITH THE SAME LENGTH OF SERVICE, HE IS ENTITLED TO RETIRED PAY AT THE HIGHER RATE AND, IN ACCORDANCE WITH THE SPECIFIC PROVISION IN SECTION 11 OF PUBLIC LAW 421, SUPRA, THAT SECTIONS 1 TO 5 THEREOF SHALL BECOME EFFECTIVE AS OF JUNE 1, 1942, HIS RETIRED PAY SHOULD BE ADJUSTED AS OF THAT DATE.