B-76258, JUNE 18, 1948, 27 COMP. GEN. 765

B-76258, JUNE 18, 1948, 27 COMP. GEN. 765

COMPENSATION - PAYMENTS - ACCOUNTING AND CUSTODIAL EMPLOYEES OF U.S. PROPERTY AND DISBURSING OFFICE WHILE ACCOUNTING AND CUSTODIAL EMPLOYEES SERVING IN THE OFFICE OF THE UNITED STATES PROPERTY AND DISBURSING OFFICER FOR A STATE UNDER APPOINTMENTS MADE BY THE STATE MILITARY AUTHORITIES WITHOUT REGARD TO CIVIL SERVICE AND CLASSIFICATION LAWS ARE TO BE REGARDED AS STATE EMPLOYEES AND NOT EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF SECTION 604 (D) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, THEIR COMPENSATION, A PART OF WHICH IS PAID FROM FEDERAL FUNDS AND WHICH IS PAYABLE ON A MONTHLY OR SEMI-MONTHLY BASIS UNDER APPLICABLE REGULATIONS, IS FOR COMPUTATION ON THE BASIS OF A 30-DAY MONTH IN ACCORDANCE WITH SECTION 6 OF THE ACT OF JUNE 30, 1906, AS AMENDED.

COMPTROLLER GENERAL WARREN TO LT. COL. C. G. GEALTA, U.S. ARMY, JUNE 18, 1948:

BY 9TH INDORSEMENT OF MAY 10, 1948, THE CHIEF OF FINANCE FORWARDED HERE FOR CONSIDERATION YOUR REQUEST OF APRIL 13, 1948, FOR A DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF EMMET W. WOODS, CLERK, TECHNICAL TRANSPORTATION, EMPLOYED IN THE OFFICE OF THE ACTING U.S. PROPERTY AND DISBURSING OFFICER FOR NEVADA, CARSON CITY, NEVADA, FOR $7.42 AS ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR SERVICES RENDERED DURING THE PERIOD NOVEMBER 17 THROUGH NOVEMBER 30, 1947, UNDER THE CIRCUMSTANCES SHOWN IN PARAGRAPH 2 OF YOUR LETTER, AS FOLLOWS:

METHOD OF COMPUTATION USED BY THIS OFFICE FOR COMPUTING NATIONAL GUARD CIVILIAN PAYROLLS BASED ON PROVISIONS OF ACT OF 30 JUNE 1906, AS AMENDED BY PUBLIC LAW 106--- 79TH CONGRESS. UNDER THE PROVISIONS OF THIS ACT THE PAY OF ALL MONTHLY OR PER ANNUM EMPLOYEES, WITH THE EXCEPTION OF EMPLOYEES COMING WITHIN PURVIEW OF FEDERAL EMPLOYEES PAY ACT OF 1945, MUST BE COMPUTED ON BASIS OF A 30 DAY MONTH. IT IS THE OPINION OF THIS OFFICE THAT EVEN THOUGH NATIONAL GUARD EMPLOYEES ARE CONSIDERED TO BE STATE RATHER THAN FEDERAL EMPLOYEES, THE PRINCIPLES OUTLINED ABOVE APPLY IN WHOLE TO THEM. IN EXAMPLE CITED IN PRECEDING INDORSEMENTS, THE EMPLOYEE ENTERED ON DUTY ON 17 NOVEMBER 1947 AND CONTINUED IN A PAY STATUS THROUGH 30 NOVEMBER, AND THEREFORE IT IS THE OPINION OF THIS OFFICE THAT HIS PAY SHOULD BE COMPUTED ON THE BASIS OF 14/30 OF $224.00, OR $104.58. ATTACHED PAYROLL FOR $7.42 DIFFERENCE BETWEEN METHOD USED BY THIS OFFICE TO COMPUTE EMPLOYEES PAY AND THE BI/WEEKLY METHOD USED BY NATIONAL GUARD OFFICE TO COMPUTE PAY.

SECTION 90 OF THE NATIONAL DEFENSE ACT APPROVED JUNE 3, 1916, AS AMENDED, 54 STAT. 1134, PROVIDES:

FUNDS HEREAFTER APPROPRIATED UNDER THE PROVISIONS OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR THE SUPPORT OF THE NATIONAL GUARDOF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA, SHALL BE SUPPLEMENTAL TO MONEYS APPROPRIATED BY THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA, FOR THE SUPPORT OF THE NATIONAL GUARD, AND SHALL BE AVAILABLE FOR THE HIRE OF CARETAKERS AND CLERKS: PROVIDED, THAT THE SECRETARY OF WAR SHALL, BY REGULATIONS, FIX THE SALARIES OF ALL CARETAKERS AND CLERKS HEREBY AUTHORIZED TO BE EMPLOYED, AND SHALL ALSO DESIGNATE BY WHOM THEY SHALL BE EMPLOYED. PARAGRAPH 3, SECTION II, OF FINANCE BULLETIN NO. 47, DATED JUNE 17, 1946, AS AMENDED BY FINANCE BULLETIN NO. 23, DATED JULY 3, 1947, PROVIDES:

EMPLOYEES HIRED BY THE STATES AND TERRITORIES, INCLUDING UNITED STATES PROPERTY AND DISBURSING OFFICERS, ACCOUNTING EMPLOYEES, CARETAKERS, RANGE KEEPERS, TEMPORARY LABORERS, AND OTHERS, ARE NOT CONSIDERED FEDERAL EMPLOYEES, ALTHOUGH PAID FROM FUNDS APPROPRIATED FOR THE NATIONAL GUARD (SEE 27 COMP. GEN. 344, 19 COMP. GEN. 326 AND 21 ID. 305). THEREFORE, DEDUCTIONS FOR CIVIL SERVICE RETIREMENT WILL NOT BE MADE FROM THE PAY OF THESE EMPLOYEES. HOWEVER, INDIVIDUALS EMPLOYED BY THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE COVERED BY THE CIVIL SERVICE RETIREMENT ACT, AND DEDUCTIONS FOR RETIREMENT PURPOSES WILL ACCORDINGLY CONTINUE TO BE MADE FROM THEIR SALARIES. PARAGRAPH 4 , SECTION III, OF FINANCE BULLETIN NO. 47, PROVIDES:

PAYMENT TO SUCH EMPLOYEES WILL BE MADE MONTHLY OR SEMI-MONTHLY BY THE DESIGNATED FINANCE OFFICER, U.S. ARMY, ON STANDARD FORM 1128 ( PAY ROLL FOR PERSONAL SERVICES) PROPERLY PREPARED AND CERTIFIED BY THE U.S. PROPERTY AND DISBURSING OFFICER, AND APPROVED BY THE ADJUTANT GENERAL OF THE STATE, TERRITORY OR THE DISTRICT OF COLUMBIA, OR BY SUCH OTHER APPROVING OFFICER AS HE MAY DESIGNATE. * * * (ITALICS SUPPLIED.) SEE, ALSO, PARAGRAPH 26 K (1) (2), NATIONAL GUARD REGULATIONS NO. 50, DATED NOVEMBER 2, 1946.

IT THUS APPEARS THAT ACCOUNTING AND CUSTODIAL EMPLOYEES SERVING IN THE OFFICE OF THE UNITED STATES PROPERTY AND DISBURSING OFFICER FOR A PARTICULAR STATE--- WHO ARE APPOINTED BY STATE MILITARY AUTHORITIES WITHOUT REGARD TO UNITED STATES CIVIL SERVICE AND CLASSIFICATION LAWS-- PROPERLY ARE TO BE REGARDED AS STATE EMPLOYEES AND, AS SUCH, THEY DO NOT FALL WITHIN THE PURVIEW OF SECTION 604 (D) OF THE FEDERAL EMPLOYEES PAY ACT OF/1945, 59 STAT. 295, 304. MOREOVER, SINCE AT LEAST A PART OF THEIR COMPENSATION IS PAID WITH FEDERAL FUNDS, AND SINCE THE ABOVE QUOTED REGULATIONS, DATED JUNE 17, 1946, PROVIDE FOR PAYMENT UPON A MONTHLY OR SEMI-MONTHLY BASIS, IT REASONABLY MAY BE CONCLUDED THAT THE COMPENSATION TO BE PAID THE CLAIMANT SHOULD BE COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, AS AMENDED, 59 STAT. 303. IN THE INSTANT CASE, THE PROPER COMPUTATION OF COMPENSATION DUE FOR THE PERIOD NOVEMBER 17 THROUGH NOVEMBER 30, 1947, IS 14/30 OF $224, OR $104.53.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH TOGETHER WITH PERTINENT PAPERS WILL BE RETAINED IN THE FILES OF THIS OFFICE, IS NOT AUTHORIZED.