B-58874, JULY 24, 1946, 26 COMP. GEN. 59

B-58874, JULY 24, 1946, 26 COMP. GEN. 59

COMPENSATION - RATES - PAY PERIOD INCLUDING PORTIONS OF FISCAL YEARS 1946 AND 1947 EMPLOYEES REQUIRED TO WORK ON JUNE 30, 1946, AS A PART OF THEIR ADMINISTRATIVE WORKWEEK ENDING ON JULY 6 SHOULD BE COMPENSATED FOR SERVICES RENDERED UP TO MIDNIGHT ON JUNE 30 AT RATES PROVIDED IN THE FEDERAL EMPLOYEES PAY ACT OF 1945, RATHER THAN AT THE INCREASED RATES AUTHORIZED BY THE FEDERAL EMPLOYEES PAY ACT OF 1946, EFFECTIVE ON JULY 1, ALTHOUGH, UNDER SECTION 604 (B) OF THE 1945 ACT, THE TOTAL SALARY FOR THE INVOLVED PAY PERIOD, INCLUDING PORTIONS OF THE FISCAL YEARS 1946 AND 1947, IS AUTHORIZED TO BE CHARGED TO THE APPROPRIATION AVAILABLE AT THE END OF THE PAY PERIOD.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF STATE, JULY 24, 1946:

I HAVE YOUR LETTER OF JUNE 25, 1946, REFERENCE DF, AS FOLLOWS:

REFERENCE IS MADE TO SECTION 16 OF PUBLIC LAW 390, 79TH CONGRESS, WHICH PROVIDES THAT, WITH THE EXCEPTION OF SECTION 14 (B), THE FEDERAL EMPLOYEES PAY ACT OF 1946 SHALL TAKE EFFECT ON JULY 1, 1946, AND TO SECTION 604 (B), LAST SENTENCE, OF PUBLIC LAW 106, 79TH CONGRESS, WHICH PROVIDES THAT WHEN A PAY PERIOD BEGINS IN ONE FISCAL YEAR AND ENDS IN ANOTHER THE GROSS AMOUNT OF THE EARNINGS FOR SUCH PAY PERIOD MAY BE REGARDED AS A CHARGE AGAINST THE APPROPRIATION OR ALLOTMENT CURRENT AT THE END OF SUCH PAY PERIOD.

SEVERAL OFFICES OF THIS DEPARTMENT WORK ON A 24-HOUR, 7-DAY WEEK BASIS. IT IS NECESSARY TO DETERMINE WHETHER EMPLOYEES OF THOSE OFFICES WHO ARE REQUIRED TO WORK ON SUNDAY, JUNE 30, OR IN THE CASE OF NIGHT-SHIFT EMPLOYEES, A FEW HOURS ON JUNE 30 AND THE BALANCE OF THE DAY ON JULY 1, AS A PART OF THE ADMINISTRATIVE AND BASIC 40-HOUR WORKWEEK ENDING SATURDAY, JULY 6, MUST BE COMPENSATED FOR WORK PERFORMED ON SUNDAY, JUNE 30, AT THE RATES PROVIDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, OR WHETHER THEY MAY BE COMPENSATED FOR THAT DAY AT THE NEW RATES PROVIDED BY THE FEDERAL EMPLOYEES PAY ACT OF 1946, SINCE THEY MAY BE PAID FROM THE APPROPRIATION FOR THE FISCAL YEAR 1947.

YOUR EARLY CONSIDERATION AND DECISION ON THIS QUESTION WILL BE APPRECIATED.

SECTIONS 2 (A) AND 16 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, APPROVED MAY 24, 1946, PUBLIC LAW 390, 60 STAT. 216, 220, PROVIDE, IN PART, AS FOLLOWS:

EACH OF THE EXISTING RATES OF BASIC COMPENSATION PROVIDED BY SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED AND SUPPLEMENTED, EXCEPT THOSE AFFECTED BY SUBSECTION (B) OF THIS SECTION, IS HEREBY INCREASED BY 14 PERCENTUM OR $250 PER ANNUM WHICHEVER IS THE GREATER, EXCEPT THAT NO SUCH RATE SHALL BE INCREASED BY MORE THAN 25 PERCENTUM. SUCH AUGMENTED RATES SHALL BE CONSIDERED TO BE THE REGULAR RATES OF BASIC COMPENSATION PROVIDED BY SUCH SECTION.

THIS ACT, EXCEPT SECTION 14 (B), SHALL TAKE EFFECT ON JULY 1, 1946.

SECTION 604 (B) AND (D) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, APPROVED JUNE 30, 1945, 59 STAT. 303, 304, PROVIDES AS FOLLOWS:

(B) BEGINNING NOT LATER THAN OCTOBER 1, 1945, EACH PAY PERIOD FOR ALL OFFICERS AND EMPLOYEES OF THE ORGANIZATIONS REFERRED TO IN SUBSECTION (A), EXCEPT OFFICERS AND EMPLOYEES ON THE ISTHMUS OF PANAMA IN THE SERVICE OF THE PANAMA CANAL OR THE PANAMA RAILROAD COMPANY, SHALL COVER TWO ADMINISTRATIVE WORKWEEKS. WHEN A PAY PERIOD FOR SUCH OFFICERS AND EMPLOYEES BEGINS IN ONE FISCAL YEAR AND ENDS IN ANOTHER, THE GROSS AMOUNT OF THE EARNINGS FOR SUCH PAY PERIOD MAY BE REGARDED AS A CHARGE AGAINST THE APPROPRIATION OR ALLOTMENT CURRENT AT THE END OF SUCH PAY PERIOD.

(D) (1) HEREAFTER, FOR ALL PAY COMPUTATION PURPOSES AFFECTING OFFICERS OR EMPLOYEES IN OR UNDER THE EXECUTIVE BRANCH, THE JUDICIAL BRANCH, OR THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, BASIC PER ANNUM RATES OF COMPENSATION ESTABLISHED BY OR PURSUANT TO LAW SHALL BE REGARDED AS PAYMENT FOR EMPLOYMENT DURING FIFTY-TWO BASIC ADMINISTRATIVE WORKWEEKS OF FORTY HOURS.

THE INCREASED RATES OF COMPENSATION PROVIDED FOR BY THE FEDERAL EMPLOYEES PAY ACT OF 1946 TAKE EFFECT, PURSUANT TO SECTION 16 OF THAT ACT, ON JULY 1, 1946. THE FACT THAT THE TOTAL SALARY PAYMENTS FOR THE INVOLVED PAY PERIOD, INCLUDING PORTIONS OF BOTH THE FISCAL YEARS 1946 AND 1947, ARE AUTHORIZED TO BE CHARGED TO THE APPROPRIATION AVAILABLE AT THE END OF SUCH PAY PERIOD PURSUANT TO THE FEDERAL EMPLOYEES PAY ACT OF 1945, DOES NOT MAKE ANY CHANGE IN THE RATES OF PAY FOR SERVICES RENDERED DURING THE RESPECTIVE FISCAL YEARS. ACCORDINGLY, ANY SERVICES RENDERED UP TO MIDNIGHT ON JUNE 30, 1946, MAY BE COMPENSATED FOR ONLY AT THE RATES OF PAY PROVIDED IN THE FEDERAL EMPLOYEES PAY ACT OF 1945.