B-98541, APRIL 16, 1954, 33 COMP. GEN. 466

B-98541, APRIL 16, 1954, 33 COMP. GEN. 466

DUAL COMPENSATION ACT OF 1916 - APPLICABILITY TO DISTRICT OF COLUMBIA TEACHERS THE DUAL COMPENSATION ACT OF 1916, WHICH PROHIBITS THE PAYMENT OF COMBINED SALARIES TO ANY GOVERNMENT EMPLOYEE AT A RATE IN EXCESS OF $2,000 PER ANNUM IS APPLICABLE TO DISTRICT OF COLUMBIA SCHOOL TEACHERS, THEREFORE AN EMPLOYEE WHO WAS EMPLOYED AS A DISTRICT OF COLUMBIA TEACHER WHILE ON ANNUAL LEAVE PRIOR TO SEPARATION FROM THE GOVERNMENT, AND WHOSE LEAVE PAYMENT AND COMPENSATION AS A TEACHER EXCEEDED THE $2,000 PER ANNUM RATE, IS REQUIRED TO REFUND ONE OF THE SALARIES RECEIVED.

ACTING COMPTROLLER GENERAL WEITZEL TO MISS AGNES M. BLODGETT, APRIL 16, 1954:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18, 1954, RELATIVE TO YOUR CLAIM FOR $60.16 WHICH WAS WITHHELD FROM YOUR RETIREMENT ACCOUNT BECAUSE OF DUAL COMPENSATION RECEIVED BY YOU IN CONTRAVENTION OF LAW FOR THE PERIOD MARCH 2 TO 20, 1925, AS AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE AND THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA.

WHILE YOUR CLAIM WAS THE SUBJECT OF CAREFUL CONSIDERATION BY THIS OFFICE IN DECISION OF NOVEMBER 10, 1950, TO YOU, IT APPEARS PROPER TO RESTATE HERE, BRIEFLY, THE PERTINENT FACTS IN YOUR CASE.

THE ADMINISTRATIVE RECORDS SHOW YOU RECEIVED $60.16 FROM THE GOVERNMENT PRINTING OFFICE WHILE YOU WERE BEING CARRIED IN A LEAVE-WITH PAY STATUS FROM MARCH 2 TO 20, 1925, FOR THE PURPOSE OF LIQUIDATING YOUR ANNUAL LEAVE ACCOUNT WITH SAID AGENCY UPON SEPARATION AS AN EMPLOYEE THEREOF EFFECTIVE THE CLOSE OF BUSINESS FEBRUARY 28, 1925. UNDER THE LEAVE REGULATIONS IN EFFECT AT THAT TIME, THERE WAS NO AUTHORITY UNDER WHICH YOU LAWFULLY COULD HAVE RECEIVED PAYMENT FOR YOUR ANNUAL LEAVE OTHER THAN BY GRANTING YOU LEAVE IN KIND AND CARRYING YOU ON THE ROLLS FOR THE PERIOD COVERED BY THE ANNUAL LEAVE SO GRANTED. AT THE TIME OF YOUR SEPARATION FROM THE SERVICE PAYMENT THEREFOR LAWFULLY COULD NOT BE MADE TO A FORMER EMPLOYEE AFTER HE WAS SEPARATED FROM THE ROLLS.

THE ACT OF MAY 10, 1916, 39 STAT. 120, AS CODIFIED, 5 U.S.C. 58, PROVIDES IN PERTINENT PART, AS FOLLOWS:

UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM. * * *

WHILE YOU ACTUALLY MAY NOT HAVE WORKED ON THE TWO JOBS CONCURRENTLY, YOU, NEVERTHELESS, ACTUALLY WERE EMPLOYED IN TWO POSITIONS CONCURRENTLY AND RECEIVED COMPENSATION FROM EACH FOR THE SAME PERIOD. IT CONSISTENTLY HAS BEEN HELD BY THIS OFFICE THAT THE PROVISIONS OF THE ABOVE-QUOTED STATUTE PROHIBIT AN EMPLOYEE FROM RECEIVING CONCURRENTLY TWO SALARIES AT A COMBINED ANNUAL RATE IN EXCESS OF $2,000, EVEN THOUGH THE EMPLOYEE MAY HAVE BEEN IN A LEAVE OF ABSENCE WITH PAY FROM ONE OF THE POSITIONS. SEE 4 COMP. GEN. 521; 19 ID. 501; ID. 716.

ALSO, AS POINTED OUT IN OFFICE DECISION OF NOVEMBER 10, 1950, TO YOU, IT IS A WELL ESTABLISHED RULE THAT THE DUAL COMPENSATION STATUTE OF 1916 APPLIES TO PUBLIC SCHOOL TEACHERS OF THE DISTRICT OF COLUMBIA. SEE 21 COMP. GEN. 20; 22 ID. 362. SINCE THE COMBINED ANNUAL RATE OF THE AMOUNTS RECEIVED BY YOU CONCURRENTLY FROM THE GOVERNMENT PRINTING OFFICE AND THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA EXCEEDED THE STATUTORY LIMITATION OF $2,000 PER ANNUM, ONE OF THE SALARIES WAS RECEIVED IN VIOLATION OF THE 1916 STATUTE, AND IN RECOVERING THE SUM OF $60.16 FROM YOUR RETIREMENT ACCOUNT IT WAS PRESUMED THAT YOU WOULD ELECT TO RETAIN THE LARGER OF THE TWO.

IN VIEW OF THE FOREGOING, THE ACTION OF THIS OFFICE IN REQUESTING THE CIVIL SERVICE COMMISSION TO WITHHOLD $60.16 FROM THE AMOUNT OTHERWISE DUE YOU FROM THE RETIREMENT FUND WAS PROPER (18 COMP. GEN. 524, 526), IN CONNECTION WITH WHICH NO FURTHER ACTION MAY BE TAKEN BY THIS OFFICE.