B-66002, MAY 19, 1947, 26 COMP. GEN. 888

B-66002, MAY 19, 1947, 26 COMP. GEN. 888

PER ANNUM EMPLOYEES - STATE JURY SERVICE ON NONWORKDAYS - CREDITING OF JURY FEES TO COMPENSATION SECTION 3 OF THE ACT OF JUNE 29, 1940, REQUIRING THE CREDITING OF FEES RECEIVED BY A FEDERAL EMPLOYEE FOR JURY SERVICE IN A STATE COURT AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES "FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE," HAS NO APPLICATION TO JURY FEES RECEIVED SUBSEQUENT TO JULY 1, 1945--- THE EFFECTIVE DATE OF THE FEDERAL EMPLOYEES PAY ACT OF 1945--- BY A PER ANNUM EMPLOYEE WHO PERFORMED JURY SERVICE ON NONWORKDAYS NOT INCLUDED WITHIN HIS ADMINISTRATIVE WORKWEEK FOR WHICH HE WAS NOT COMPENSATED BY THE UNITED STATES.

COMPTROLLER GENERAL WARREN TO H. H. BARNES, DEPARTMENT OF AGRICULTURE, MAY 19, 1947:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 23, 1947, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO ME FOR CERTIFICATION AND PAYMENT, THE ATTACHED BUREAU VOUCHER NO. 17029 IN THE AMOUNT OF $6.00 IN FAVOR OF FLOYD D. MATTHEWS, A PERMANENT SOIL CONSERVATION SERVICE EMPLOYEE AT ALBUQUERQUE, NEW MEXICO.

THE VOUCHER COVERS REFUND OF $6.00 FOR TWO DAYS JURY SERVICE AT $3.00 PER DAY, SUCH JURY SERVICE PERFORMED ON SATURDAY, APRIL 5, 1947, AND SATURDAY, APRIL 12, 1947, NONWORK DAYS WITHIN THE EMPLOYEE'S ADMINISTRATIVE WORKWEEK.

THE EMPLOYEE HAS ENDORSED AND RELINQUISHED STATE OF NEW MEXICO, BERNALILLO COUNTY, WARRANT NO. 4105 IN THE AMOUNT OF $51.00, FOR JUROR SERVICE IN MARCH 1947, TERM OF DISTRICT COURT. THE WARRANT WAS DEPOSITED IN THE ACCOUNTS OF PAUL D. BANNING, C.D.O., ALBUQUERQUE, NEW MEXICO, AS FOLLOWS:

$45.00 TO ACCOUNT 124712--- REIMBURSEMENT FOR JURY SERVICE, ON SCHEDULE OF COLLECTION NO. 451, DATED APRIL 17, 1947, C.D. NO. 19-664, DATED APRIL 17, 1947.

$6.00 TO ACCOUNT 12F5875.100--- SPECIAL DEPOSITS, SUSPENSE, ( DEPT. OF AGR. S.C.S.), ON SCHEDULE OF COLLECTION NO. 452, DATED APRIL 16, 1947, C.D. NO. 19-179, DATED APRIL 16, 1947.

I AM UNAWARE OF ANY RULING BY YOUR OFFICE, SUBSEQUENT TO THE ADOPTION OF THE FIVE DAY WORKWEEK, WHICH SPECIFICALLY COVERS THIS QUESTION; THEREFORE, YOUR DECISION IS RESPECTIVELY REQUESTED AS TO WHETHER I MAY PROPERLY CERTIFY THE ATTACHED VOUCHER FOR PAYMENT.

SECTIONS 1 AND 3 OF THE ACT OF JUNE 29, 1940, 54 STAT. 689, PROVIDE AS FOLLOWS:

THAT THE COMPENSATION OF ANY EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY STATE COURT OR COURT OF THE UNITED STATES SHALL NOT BE DIMINISHED DURING THE TERM OF SUCH JURY SERVICE BY REASON OF SUCH ABSENCE, EXCEPT AS PROVIDED IN SECTION 3, NOR SHALL SUCH PERIOD OF SERVICE BE DEDUCTED FROM THE TIME ALLOWED FOR ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.

SEC. 3. THERE SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 1 FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE IN THE COURT OF ANY STATE ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM SUCH STATE ON ACCOUNT OF SUCH JURY SERVICE.

IN DECISION OF DECEMBER 13, 1944, 24 COMP. GEN. 450, IT WAS HELD:

AS THE INVOLVED (PER DIEM) EMPLOYEE SERVED ON A JURY IN A STATE COURT, THERE IS FOR APPLICATION, IN ANSWERING THE QUESTION PRESENTED, ONLY SECTION 3 OF THE ACT OF JUNE 29, 1940, 54 STAT. 689, QUOTED IN THE LETTER OF NOVEMBER 23, 1944, SUPRA, WHICH SPECIFICALLY REQUIRES THE CREDITING OF JURY FEES RECEIVED FROM A STATE COURT AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 1 FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE. IF, AS IS UNDERSTOOD FROM YOUR LETTER, THE EMPLOYEE HERE INVOLVED (WHO IS NOT PAID ON AN ANNUAL BASIS) WORKED HIS ENTIRE TOUR OF DUTY FOR WHICH HE IS PAID COMPENSATION BY THE UNITED STATES--- THE JURY SERVICE IN A STATE COURT HAVING BEEN PERFORMED OUTSIDE OF HIS REGULAR TOUR OF DUTY--- THEN HIS COURT DUTY DID NOT INVOLVE AN ABSENCE FROM DUTY FOR ANY PERIOD FOR WHICH THE GOVERNMENT PAID HIM COMPENSATION. ACCORDINGLY, THERE APPEARS NO REQUIREMENT OF LAW THAT THE JURY FEES RECEIVED BY HIM FROM A STATE COURT BE APPLIED TO MAKE THE GOVERNMENT WHOLE BECAUSE THE GOVERNMENT LOST NONE OF HIS SERVICE BY REASON OF HIS STATE JURY SERVICE.

PRIOR TO JULY 1, 1945, FULL-TIME EMPLOYEES OF THE FEDERAL GOVERNMENT WERE COMPENSATED FOR EACH DAY OF THE YEAR, INCLUDING NONWORK DAYS. HOWEVER, THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 295, 303, EFFECTIVE JULY 1, 1945, PROVIDES FOR DIVISION OF ANNUAL SALARY RATES INTO UNITS OF WEEKS AND HOURS OF EMPLOYMENT WITH NO CREDIT ALLOWED FOR ANY TIME NOT WORKED, OR NOT OTHERWISE IN A LEAVE WITH PAY STATUS. IT FOLLOWS THAT UNDER THE PRESENT LAW THE HOLDING IN THE DECISION, SUPRA, APPLIES WITH EQUAL FORCE TO PER ANNUM EMPLOYEES, OF WHICH CLASS THE INVOLVED EMPLOYEE IS PRESUMED TO BE ONE, WHO ARE REQUIRED BY PROPER COURT ORDER TO RENDER JURY SERVICE IN A STATE COURT. IN THAT CONNECTION, SEE 20 COMP. GEN. 276; CF. 26 ID. 151.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.