B-107412, JANUARY 24, 1952, 31 COMP. GEN. 334

B-107412, JANUARY 24, 1952, 31 COMP. GEN. 334

COMPENSATION - RETROACTIVE SALARY INCREASES - REEMPLOYED ANNUITANTS SEPARATED PRIOR TO APPROVAL OF THE CLASSIFICATION ACT OF 1949, AS AMENDED THE RETROACTIVE SALARY INCREASE AUTHORIZED IN THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949, AS AMENDED, FOR RETIRED OFFICERS AND EMPLOYEES ENDING WITH THE DATE OF RETIREMENT AND FOR EMPLOYEES IN THE SERVICE OF THE UNITED STATES ON THE DATE OF APPROVAL OF THE ACT IS NOT APPLICABLE EITHER TO THE SALARY PAID FOR ACTUAL SERVICE OR TO THE LUMP-SUM LEAVE PAYMENT OF AN ANNUITANT WHO WAS RETIRED AND REEMPLOYED PRIOR TO JULY 8, 1951, THE EFFECTIVE DATE OF THE ACT, AND WHO WAS SEPARATED FROM THE POSITION IN WHICH REEMPLOYED PRIOR TO THE APPROVAL DATE OF THE ACT.

COMPTROLLER GENERAL WARREN TO J. E. DEMERRITT, FEDERAL SECURITY AGENCY, JANUARY 24, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1952, REQUESTING DECISION WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING ADDITIONAL PAYMENT TO MR. B. FRANK BENNETT REPRESENTING RETROACTIVE INCREASE IN COMPENSATION AS GRANTED CLASSIFIED EMPLOYEES BY THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201. IT APPEARS THAT MR. BENNETT, A RETIRED ANNUITANT, WAS RE-EMPLOYED MARCH 6, 1949, AS CONSTRUCTION ENGINEER, GS-13, AT A SALARY OF $7,800 PER ANNUM. HE WAS SEPARATED BECAUSE OF A REDUCTION IN FORCE OCTOBER 10, 1951, BY NOTICE RECEIVED IN THE PAY ROLL OFFICE OCTOBER 13, 1951. HE WAS PAID LUMP-SUM LEAVE FOR ANNUAL LEAVE COVERING THE PERIOD OCTOBER 11, THROUGH 7 HOURS ON NOVEMBER 5, 1951, AT THE RATE IN EFFECT PRIOR TO PUBLIC LAW 201. THE QUESTION WHICH YOU PRESENT IS "WHETHER RETROACTIVE SALARY AT THE INCREASED RATE OF $8,560.00 PER ANNUM UNDER PUBLIC LAW 201 DATED OCTOBER 24, 1951, MAY BE CERTIFIED FOR PAYMENT FOR MR. BENNETT FOR THE PERIOD JULY 9 - OCTOBER 10, 1951 AND FOR LUMP-SUM PAYMENT FOR ACCUMULATED ANNUAL LEAVE COVERING THE PERIOD OCTOBER 11, 1951, THROUGH 7 HOURS ON NOVEMBER 5, 1951.'

SECTION 6 (B) OF THE ACT OF OCTOBER 24, 1951, 65 STAT. 615, PUBLIC LAW 201 PROVIDES:

RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID UNDER THIS ACT ONLY IN THE CASE OF AN INDIVIDUAL IN THE SERVICE OF THE UNITED STATES (INCLUDING SERVICE IN THE ARMED FORCES OF THE UNITED STATES) OR OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THAT SUCH RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID A RETIRED OFFICER OR EMPLOYEE FOR SERVICES RENDERED DURING THE PERIOD BEGINNING WITH THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951, AND ENDING WITH THE DATE OF HIS RETIREMENT. ( ITALICS SUPPLIED.)

AS THE DATE OF MR. BENNETT'S RETIREMENT WAS PRIOR TO JULY 8, 1951, IT IS OBVIOUS THAT THE PROVISION IN SECTION 6 (B), SUPRA, PROVIDING RETROACTIVE INCREASES ENDING WITH THE DATE OF THE EMPLOYEE'S RETIREMENT HAS NO APPLICATION TO HIS CASE. ACCORDINGLY, HIS RIGHT TO RETROACTIVE INCREASE OTHERWISE WOULD BE DEPENDENT UPON THAT PORTION OF SECTION 6 (B) RELATING TO EMPLOYEES IN THE SERVICE ON THE DATE OF THAT ACT, THAT IS, OCTOBER 24, 1951. AS HE WAS NOT IN THE SERVICE ON THAT DATE, HE IS NOT ENTITLED TO RETROACTIVE INCREASE EITHER IN THE SALARY PAID FOR ACTUAL SERVICE OR IN THE LUMP-SUM LEAVE PAYMENT.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.