B-51326, AUGUST 7, 1945, 25 COMP. GEN. 158

B-51326, AUGUST 7, 1945, 25 COMP. GEN. 158

FEDERAL EMPLOYEES PAY ACT OF 1945 - APPLICABILITY TO CONCILIATION AND SUPERVISING CONCILIATION COMMISSIONERS CONCILIATION COMMISSIONERS ARE ENTITLED TO A BASIC COMPENSATION INCREASE COMPUTED ON THE FEES EARNED DURING THE YEAR BEGINNING JULY 1, 1945, AT THE STATUTORY RATE OF $25 PER CASE (11 U.S.C. 203 (B),) IN ACCORDANCE WITH THE SLIDING-SCALE PERCENTAGES PRESCRIBED BY SECTION 521 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND TO THE 10 PERCENT TEMPORARY ADDITIONAL COMPENSATION PROVIDED FOR BY SECTION 522 OF SAID ACT, COMPUTED ON NOT TO EXCEED $2,900 OF THE YEARLY EARNED FEES AS INCREASED. WHILE THE MAXIMUM PER DIEM RATE OF $10 WHICH MAY BE FIXED BY THE COURT FOR SUPERVISING CONCILIATION COMMISSIONERS UNDER THE PROVISIONS OF 11 U.S.C. 203 (B) IS INCREASED BY THE PERCENTAGES PRESCRIBED BY SECTION 521 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, THE PER DIEM RATE FIXED BY THE COURT FOR AN INDIVIDUAL COMMISSIONER, BEING DISCRETIONARY, IS NOT AUTOMATICALLY INCREASED; HOWEVER, UNTIL THE COURT SHALL HAVE FIXED A DIFFERENT PER DIEM RATE, SUCH A COMMISSIONER IS ENTITLED FROM JULY 1, 1945, TO THE 10 PERCENT TEMPORARY ADDITIONAL COMPENSATION, PROVIDED FOR BY SECTION 522 OF SAID ACT, COMPUTED ON THE RATE FIXED AS OF THAT DATE.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, AUGUST 7, 1945:

I HAVE YOUR LETTER OF JULY 26, 1945, AS FOLLOWS:

VOUCHERS OF SUPERVISING CONCILIATION COMMISSIONERS AND CONCILIATION COMMISSIONERS FOR THE STATUTORY PER DIEMS AND FEES PROVIDED (11 U.S.C. 203B) ARE PAID BY THE DISBURSING OFFICER OF THIS OFFICE UPON THE ADMINISTRATIVE EXAMINATION GIVEN BY THE AUDIT SECTION.

SUPERVISING CONCILIATION COMMISSIONERS PERFORM SUCH SUPERVISORY FUNCTIONS AS THE COURT MAY BY ORDER SPECIFY. THE SOLE COMPENSATION PROVIDED IS A PER DIEM ALLOWANCE TO BE FIXED BY THE COURT IN AN AMOUNT NOT IN EXCESS OF $10.00 PER DAY. CONCILIATION COMMISSIONERS ACT FOR THE COURT IN ADMINISTERING THE AFFAIRS OF FARM DEBTORS AND ARE COMPENSATED BY A FEE OF $25.00 FOR EACH CASE SUBMITTED, PAYABLE FROM THE TREASURY OF THE UNITED STATES, WHEN THE DUTIES ASSIGNED BY THE COURT HAVE BEEN COMPLETED.

UNDER THE OPINIONS GIVEN JANUARY 30, 1943 (B-31873) (22 COMP. GEN. 720), JULY 12, 1943 (B-35403) (23 COMP. GEN. 19), AND AUGUST 5, 1943 (B-35828), THESE OFFICERS WERE HELD TO BE ENTITLED TO THE INCREASE UNDER THE OVERTIME PAY ACTS OF DECEMBER 22, 1942 AND MAY 7, 1943 AND A FORMULA WAS GIVEN AS THE BASIS FOR COMPUTING THE ADDITIONAL AMOUNTS TO BE PAID.

I ASK THAT YOU RENDER A SIMILAR SERVICE RESPECTING THE APPLICATION OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 ( PUBLIC LAW 106, 79TH CONGRESS) FOR OUR GUIDANCE IN COMPUTING ADDITIONAL AMOUNTS TO BE ADDED TO THE VOUCHERS SUBMITTED BY THESE OFFICERS AFTER JULY 1, 1945.

SECTIONS 521 AND 522 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, APPROVED JUNE 30, 1945, 59 STAT. 301, 302, PUBLIC LAW 106, PROVIDE:

INCREASE IN BASIC RATES OF COMPENSATION

SEC. 521. EACH OFFICER AND EMPLOYEE IN OR UNDER THE JUDICIAL BRANCH TO WHOM THIS TITLE APPLIES SHALL BE PAID ADDITIONAL BASIC COMPENSATION COMPUTED AS FOLLOWS: 20 PERCENTUM OF THAT PART OF HIS RATE OF BASIC COMPENSATION WHICH IS NOT IN EXCESS OF $1,200 PER ANNUM, PLUS 10 PERCENT OF THAT PART OF SUCH RATE WHICH IS IN EXCESS OF $1,200 PER ANNUM BUT NOT IN EXCESS OF $4,600 PER ANNUM, PLUS 5 PERCENTUM OF THAT PART OF SUCH RATE WHICH IS IN EXCESS OF $4,600 PER ANNUM. THE LIMITATIONS OF $6,500 AND $7,500 WITH RESPECT TO THE AGGREGATE SALARIES PAYABLE TO SECRETARIES AND LAW CLERKS OF CIRCUIT AND DISTRICT JUDGES, CONTAINED IN THE EIGHTH PARAGRAPH UNDER THE HEAD " MISCELLANEOUS ITEMS OF EXPENSE" IN THE JUDICIARY APPROPRIATION ACT, 1946 ( PUBLIC LAW NUMBERED 61, SEVENTY-NINTH CONGRESS), SHALL BE INCREASED BY THE AMOUNTS NECESSARY TO PAY THE ADDITIONAL BASIC COMPENSATION PROVIDED BY THIS SECTION; AND THE CHANGES IN THE RATES OF BASIC COMPENSATION IN THE CLASSIFICATION ACT OF 1923, AS AMENDED, MADE BY SECTION 405 OF THIS ACT SHALL NOT BE TAKEN INTO ACCOUNT IN FIXING SALARIES UNDER SUCH EIGHTH PARAGRAPH.

TEMPORARY ADDITIONAL COMPENSATION IN LIEU OF OVERTIME

SEC. 522. DURING THE PERIOD BEGINNING ON JULY 1, 1945, AND ENDING ON JUNE 30, 1947, EACH OFFICER AND EMPLOYEE IN OR UNDER THE JUDICIAL BRANCH ENTITLED TO THE BENEFITS OF SECTION 521 OF THIS ACT SHALL BE PAID ADDITIONAL COMPENSATION AT THE RATE OF 10 PERCENTUM OF (A) THE RATE OF HIS BASIC COMPENSATION, OR (B) THE RATE OF $2,900 PER ANNUM, WHICHEVER IS THE SMALLER. AS USED IN THIS SECTION THE TERM "BASIC COMPENSATION" INCLUDES THE ADDITIONAL BASIC COMPENSATION PROVIDED FOR BY SECTION 521 OF THIS ACT.

SECTION 203 (B), TITLE 11, U.S.CODE, PROVIDES, SO FAR AS HERE MATERIAL, AS FOLLOWS:

UPON FILING OF ANY PETITION BY A FARMER UNDER THIS SECTION THERE SHALL BE PAID A FEE OF $25 TO BE TRANSMITTED TO THE CLERK OF THE COURT AND COVERED INTO THE TREASURY. 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 $10 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. * * *

CONCILIATION COMMISSIONERS AND SUPERVISING CONCILIATION COMMISSIONERS APPEAR TO QUALIFY AS OFFICERS "IN OR UNDER THE JUDICIAL BRANCH" OF THE GOVERNMENT WITHIN THE MEANING OF THOSE WORDS AS USED IN SECTIONS 521 AND 522 OF THE NEW PAY STATUTE ABOVE QUOTED. SEE SECTIONS 101 (C) OF SAID ACT, 59 STAT. 296. CONSEQUENTLY, UNDER SECTION 521 OF THE NEW PAY STATUTE THE FEES EARNED BY CONCILIATION COMMISSIONERS AT THE RATE OF $25 PER CASE MAY BE REGARDED AS INCREASED 20 PERCENT UPON THE FIRST $1,200 EARNED DURING THE YEAR BEGINNING JULY 1, 1945, 10 PERCENT UPON THE NEXT $3,400 (4,600 LESS $1,200) EARNED DURING SAID YEAR, AND 5 PERCENT UPON $4,600 EARNED DURING THE SAME YEAR. IN ADDITION, UNDER SECTION 522 OF STATUTE, CONCILIATION COMMISSIONERS PROPERLY MAY BE CONSIDERED AS BEING ENTITLED TO 10 PERCENT OF THE EARNED RATES AS INCREASED BY SECTION 521 OF THE STATUTE ON THE FIRST $2,900 EARNED DURING THE YEAR--- SUCH ADDITIONAL COMPENSATION BEING PAYABLE ONLY DURING THE PERIOD BEGINNING JULY 1, 1945, AND ENDING JUNE 30, 1947.

THE MAXIMUM RATE OF $10 PER DIEM AUTHORIZED TO BE PAID SUPERVISING CONCILIATION COMMISSIONERS IS INCREASED BY OPERATION OF SECTION 521 OF THE NEW PAY STATUTE TO $11.46. SEE DECISION OF JULY 30, 1945, B-47471, 25 COMP. GEN. 128, TO THE ATTORNEY GENERAL, STATING THE FORMULA FOR COMPUTING THE INCREASED PER DIEM RATE OF COMPENSATION OF ADDITIONAL BAILIFFS. THE FORMER PER DIEM RATE OF $10 AND THE NEW PER DIEM RATE OF $11.46 ARE MAXIMUM RATES, AND AS THE STATUTE VESTS A DISCRETION IN THE COURT TO FIX ANY PER DIEM RATE OF COMPENSATION FOR SUPERVISING CONCILIATION COMMISSIONERS NOT TO EXCEED THE MAXIMUM, THE PER DIEM RATES SO FIXED FOR INDIVIDUAL SUPERVISING CONCILIATION COMMISSIONERS ARE NOT AUTOMATICALLY INCREASED BY SECTION 521 OF THE NEW PAY STATUTE-- SAID SECTION MERELY AUTHORIZING THE COURT IN ITS DISCRETION, TO FIX RATES IN INDIVIDUAL CASES SUBJECT TO THE INCREASED MAXIMUM. CF. DECISION OF JULY 10, 1945, B-50789, 25 COMP. GEN. 35, TO THE COMMISSIONER, UNITED STATES SECTION, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, AND DECISION OF JULY 23, 1945, B-50979, 25 COMP. GEN. 86, TO THE SECRETARY OF THE NAVY. HOWEVER, UNDER SECTION 522 OF THE NEW PAY STATUTE, SUPERVISING CONCILIATION COMMISSIONERS ARE ENTITLED AS OF JULY 1, 1945, TO 10 PERCENT "ADDITIONAL COMPENSATION" ON THE FIXED BASIC PER DIEM RATE OTHERWISE PAYABLE AS OF JULY 1, 1945, AND SHOULD BASIC RATE THEREAFTER BE INCREASED BY THE COURT UNDER AUTHORITY OF SECTION 521 OF THE STATUTE, THEY THEN WOULD BE ENTITLED TO THE 10 PERCENT ADDITIONAL COMPENSATION ON THE INCREASED BASIC RATE FROM THE DATE SUCH INCREASED BASIC RATE WAS FIXED BY THE COURT--- SUBJECT, OF COURSE, TO THE LIMITATION PRESCRIBED IN SAID SECTION 522.

IT IS UNDERSTOOD THAT THERE ARE NO FIXED PAY PERIODS FOR CONCILIATION COMMISSIONERS WHO USUALLY ARE PAID ON VOUCHERS AS THEY ARE PRESENTED, AND THAT SUPERVISING CONCILIATION COMMISSIONERS USUALLY ARE PAID ONCE A MONTH. IN VIEW THEREOF, YOU ARE AUTHORIZED TO ADOPT SUCH PROCEDURE IN MAKING PAYMENTS OF THE INCREASED RATES TO THESE OFFICERS IN ACCORDANCE WITH THE ABOVE STATED FORMULAS AS ARE DEEMED ADMINISTRATIVELY EXPEDIENT, SUCH AS THE PROCEDURE PREVIOUSLY ADOPTED UNDER THE WAR OVERTIME PAY ACT OF 1943, 57 STAT. 75, TO WHICH YOU CALL ATTENTION; PROVIDED, HOWEVER, THAT THE LIMITATIONS PRESCRIBED BY THE STATUTE ARE NOT EXCEEDED DURING THE FISCAL YEAR.