B-53412, NOVEMBER 30, 1945, 25 COMP. GEN. 429

B-53412, NOVEMBER 30, 1945, 25 COMP. GEN. 429

METROPOLITAN POLICE FORCE - EXTRA SERVICE COMPENSATION INCLUSION IN BASIC COMPENSATION; COMPENSATION PERCENTAGE INCREASE AS BEING SUBJECT TO RETIREMENT DEDUCTIONS THE EXTRA COMPENSATION OF $600, $240, AND $120 PER ANNUM WHICH IS PAYABLE UNDER THE ACT OF MAY 27, 1924, AS AMENDED, TO MEMBERS OF THE METROPOLITAN POLICE FORCE ONLY FOR THE PERIODS THEY ARE DETAILED FOR SPECIAL SERVICES OR DUTIES DOES NOT CONSTITUTE PART OF THE MEMBERS' BASIC SALARY AND, THEREFORE, IS NOT SUBJECT TO THE PERCENTAGE INCREASE IN THE ANNUAL BASIC SALARY AUTHORIZED FOR SUCH MEMBERS BY SECTION 1 OF THE ACT OF JULY 14, 1945, OR TO THE PERCENTAGE INCREASE IN LIEU OF OVERTIME PAY AND NIGHT DIFFERENTIAL AUTHORIZED BY SECTION 2 OF SAID ACT. THE PERCENTAGE INCREASE IN THE ANNUAL BASIC SALARIES OF MEMBERS OF THE METROPOLITAN POLICE FORCE AUTHORIZED BY SECTION 2 OF THE ACT OF JULY 14, 1945, FOR OVERTIME AND NIGHT WORK REGULARLY REQUIRED OF ALL MEMBERS IS A PERMANENT ADDITION TO THE SALARIES OF SUCH EMPLOYEES AND IS TO BE PAID AS COMPENSATION FOR SERVICES RENDERED, AND THEREFORE, SUCH INCREASE CONSTITUTES A PART OF THEIR ,MONTHLY PAY" SUBJECT TO THE DEDUCTION OF 3 1/2 PERCENT FOR THE BENEFIT OF THE POLICEMEN AND FIREMEN'S RELIEF FUND UNDER SECTION 5 OF THE ACT OF JULY 1, 1930.

ACTING COMPTROLLER GENERAL YATES TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, NOVEMBER 30, 1945:

I HAVE YOUR LETTER OF OCTOBER 24, 1945, AS FOLLOWS.

ON SEPTEMBER 20, 1945, THE COMMISSIONERS APPROVED TWO ORDERS GRANTING ADDITIONAL COMPENSATION OF $132 PER ANNUM TO TWO MEMBERS OF THE METROPOLITAN POLICE FORCE ASSIGNED TO MOTORCYCLE DUTY. THE ACT OF MAY 27, 1924, AS AMENDED (43 STAT. 174) ENTITLED "AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE, THE UNITED STATES PARK POLICE FORCE AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA" PROVIDES IN PART:

"MEMBERS OF SAID FORCE (WHO) MAY BE CALLED UPON TO USE MOTOR VEHICLES, FURNISHED AND MAINTAINED BY THEMSELVES, SHALL EACH RECEIVE AN EXTRA COMPENSATION OF $480 PER ANNUM; MEMBERS OF SAID FORCE DETAILED TO DETECTIVE HEADQUARTERS IN THE PREVENTION AND DETECTION OF CRIME SHALL EACH RECEIVE EXTRA COMPENSATION OF $600 PER ANNUM; MEMBERS OF SAID FORCE WHO MAY BE MOUNTED ON BICYCLES SHALL EACH RECEIVE AN EXTRA COMPENSATION OF $70 PER ANNUM; MEMBERS OF SAID FORCE DETAILED FOR SPECIAL SERVICE IN THE VARIOUS PRECINCTS IN THE PREVENTION AND DETECTION OF CRIME SHALL EACH RECEIVE AN EXTRA COMPENSATION OF $240 PER ANNUM; AND MEMBERS DETAILED TO THE MOTOR-CYCLE SERVICE SHALL EACH RECEIVE AN EXTRA COMPENSATION OF $120 PER ANNUM.'

THE ACT OF JULY 1, 1930 (46 STAT. 840,) PROVIDES IN PART:

"PROVIDED, THAT UNDER SUCH RULES AND REGULATIONS AS THE COMMISSIONERS SHALL PROMULGATE, THE MAJOR AND SUPERINTENDENT OF POLICE AND THE CHIEF ENGINEER OF THE FIRE DEPARTMENT SHALL SELECT AND REPORT TO THE COMMISSIONERS FROM TIME TO TIME THE NAMES OF PRIVATES AND SERGEANTS IN EACH DEPARTMENT WHO BY REASON OF DEMONSTRATED ABILITY MAY BE CONSIDERED AS POSSESSED OF OUTSTANDING EFFICIENCY, AND THE COMMISSIONERS ARE AUTHORIZED AND DIRECTED TO GRANT TO NOT EXCEEDING 10 PERCENTUM OF THE AUTHORIZED STRENGTH, RESPECTIVELY, OF SUCH PRIVATES AND SERGEANTS IN EACH DEPARTMENT ADDITIONAL COMPENSATION AT THE RATE OF $5.00 PER MONTH.'

SECTION 1 OF PUBLIC LAW 151--- 79TH CONGRESS, APPROVED JULY 14, 1945, PROVIDES:

"THAT THE ANNUAL BASIC SALARY OF ANY OFFICER OR MEMBER OF THE METROPOLITAN POLICE, THE UNITED STATES PARK POLICE , THE WHITE HOUSE POLICE, OR THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA, WHOSE RATE OF COMPENSATION IS GOVERNED BY THE ACT ENTITLED "AN ACT TO FIX THE SALARIES OF OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE FORCE AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA," APPROVED JULY 1, 1930, AS AMENDED, IS HEREBY INCREASED BY 20 PERCENTUM OF THAT PART THEREOF WHICH IS (NOT) IN EXCESS OF $1,200 PER ANNUM (PLUS 10 PERCENTUM OF THAT PART THEREOF WHICH IS IN EXCESS OF $1,200 PER ANNUM) BUT NOT IN EXCESS OF $4,600 PER ANNUM, PLUS 5 PERCENTUM OF THAT PART WHICH IS IN EXCESS OF $4,600 PER ANNUM.'

IN ACCORDANCE WITH THE TERMS OF THE ACT OF JULY 14, 1945, THE POLICE DEPARTMENT HAS RECOMMENDED AND THE COMMISSIONERS HAVE APPROVED THE AMOUNT OF $132 PER ANNUM AS ADDITIONAL COMPENSATION FOR THESE TWO OFFICERS ON THE THEORY THAT $120 BECAME A PART OF THEIR BASIC SALARY AND THEREFORE WAS SUBJECT TO THE PERCENTAGE INCREASE UNDER THE ACT OF JULY 14, 1945.

THE POLICE DEPARTMENT IS RELYING ON A DECISION OF YOUR OFFICE (10 C.G. 302,) JANUARY 12, 1931, TO THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, WHICH HELD AS FOLLOWS:

"THE ADDITIONAL COMPENSATION AT THE RATE OF $5 PER MONTH" AUTHORIZED BY SECTION 4 OF THE ACT OF JULY 1, 1930, 46 STAT. 840, TO BE PAID TO A LIMITED NUMBER OF POLICEMEN AND FIREMEN UNDER THE DISTRICT OF COLUMBIA FOR OUTSTANDING EFFICIENCY, IS A PART OF THE SALARY OR "MONTHLY PAY" SUBJECT TO THE DEDUCTION OF 3 1/2 PERCENT FOR THE POLICEMEN AND FIREMEN'S RELIEF FUND UNDER SECTION 5 OF THE SAME ACT.'

IT IS THEIR CONTENTION THAT SINCE THE ADDITIONAL COMPENSATION OF $5.00 A MONTH WAS HELD TO BE PART OF THE MONTHLY PAY, SUBJECT TO DEDUCTION OF 3 1/2 PERCENT FOR POLICE AND FIREMEN'S RELIEF FUND, THAT IT WOULD ALSO BE SUBJECT TO THE PERCENTAGE INCREASES IN THE NEW PAY ACT AND THAT THE ADDITIONAL AMOUNTS OF COMPENSATION OF $600, $240, AND $120 AUTHORIZED BY THE ACT OF MAY 27, 1924, WOULD ALSO BE SUBJECT TO THE PERCENTAGE INCREASES STATED IN THE ACT OF JULY 14, 1945.

IN ANOTHER DECISION OF YOUR OFFICE TO THE DIRECTOR OF PUBLIC BUILDINGS AND PUBLIC PARKS IN THE NATIONAL CAPITAL (5 C.G. 926) MAY 20, 1926, IT IS HELD:

"THE "EXTRA COMPENSATION OF $120 PER ANNUM" (SECTION 6, ACT OF MAY 27, 1924, SUPRA), PAID TO MEMBERS OF THE UNITED STATES PARK POLICE FORCE DETAILED TO MOTOR-CYCLE SERVICE, IS IN THE NATURE OF AN ALLOWANCE OR COMMUTATION TO COVER EXTRA EXPENSE WHICH SUCH MEMBERS INCUR ON ACCOUNT OF THEIR EQUIPMENT AND IS NOT "SALARY" IN THE USUAL AND ORDINARY SENSE THAT THAT TERM IS UNDERSTOOD AND APPLIED, OR AS USED IN THE ABOVE-QUOTED STATUTE. 27 COMP. DEC. 675.'

IN THAT DECISION IT WAS ALSO HELD THAT THE ADDITIONAL $120 WAS NOT SUBJECT TO RETIREMENT DEDUCTION. SINCE THAT TIME, HOWEVER, THE METHOD OF HANDLING MOTOR-CYCLE EQUIPMENT HAS BEEN CHANGED AND THE MEMBERS OF THE METROPOLITAN POLICE FORCE DO NOT FURNISH ANY EQUIPMENT, NOR DO THEY SUPPLY GAS OR OIL OR PAY FOR ANY REPAIRS. THE COST OF THE MOTORCYCLES AND THEIR MAINTENANCE ARE PAID ENTIRELY FROM POLICE DEPARTMENT APPROPRIATIONS.

THE COLONEL AND SUPERINTENDENT OF POLICE IN A MEMORANDUM ON THIS SUBJECT STATES THAT:

"WE ARE NOT SO MUCH CONCERNED WITH THE QUESTION OF WHETHER THESE AMOUNTS SHOULD, OR SHOULD NOT BE, INCREASED UNDER THE PROVISIONS OF THE ACT OF JULY 14, 1945. IT MAY WELL BE, AS INSPECTOR CALLAHAN POINTS OUT, THAT THE SUMS OF $600.00, $240.00 AND $120.00 PER ANNUM ARE PERMANENTLY FIXED AT THESE LEVELS BY THE PROVISIONS OF THE ACT OF MAY 27, 1924. IF THIS IS SO, THEN THEY COULD NOT, OF COURSE, BE INCREASED BY THE ACT OF JULY 14, 1945; BUT THE FEATURE OF THE DECISION WHICH IS DISTURBING TO THIS DEPARTMENT IS WHETHER OR NOT MEN HOLDING THE RANK OF DETECTIVE SERGEANT, PRECINCT DETECTIVE OR MOTORCYCLE OFFICER AT THE DATE OF RETIREMENT FROM ACTIVE DUTY MAY CONSIDER THE ADDITIONAL ALLOWANCES OF THESE POSITIONS AS A PART OF "THE SALARY RECEIVED AT THE DATE OF RETIREMENT" (54 STAT. 1118, CHAPTER 860--- TITLE 4, SECTION 508, D.C. CODE 1940) FOR PURPOSES OF COMPUTING RETIREMENT AND RELIEF ALLOWANCES.'

SECTION 2 OF THE ACT OF JULY 14, 1945, PROVIDES:

"IN LIEU OF OVERTIME PAY AND NIGHT DIFFERENTIAL, OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE, THE UNITED STATES PARK POLICE, THE WHITE HOUSE POLICE, AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA SHALL BE PAID ADDITIONAL COMPENSATION AT THE RATE OF 8 PERCENTUM OF THEIR ANNUAL BASIC SALARIES AS PROVIDED FOR IN SECTION 1 OF THIS ACT.'

YOUR DECISION IS REQUESTED AS TO WHETHER THE $600, $240, AND $120 ADDITIONAL COMPENSATION FOR SERVICES CONTAINED IN THE ACT OF MAY 27, 1924 ARE TO BE SUBJECT TO THE PERCENTAGE INCREASES UNDER THE ACT OF JULY 14, 1945. COPIES OF COMMISSIONERS' ORDERS ATTACHED.

SINCE JULY 1, 1945, THE AUDITOR HAS CONSIDERED THE PERCENTAGE INCREASE UNDER SECTION 2 OF THE ACT QUOTED ABOVE AS NOT BEING PART OF THE BASIC PAY OF POLICEMEN AND FIREMEN. YOUR VIEWS ARE THEREFORE REQUESTED AS TO WHETHER THE 8 PERCENTUM PAID IN LIEU OF OVERTIME PAY AND NIGHT DIFFERENTIAL UNDER THE ACT OF JULY 14, 1945, IS TO BE CONSIDERED A PART OF THE BASIC COMPENSATION SUBJECT TO THE 3 1/2 PERCENT RETIREMENT DEDUCTION UNDER THE ACT OF JULY 1, 1930.

IN 5 COMP. GEN. 926, THE DECISION REFERRED TO IN YOUR SUBMISSION, IT WAS STATED AT PAGE 927:

IT WILL BE NOTED THAT FOR THE PERIOD PRIOR TO JULY 1, 1924, THE 1 1/2 PERCENT WAS TO BE COMPUTED ON THE "TOTAL BASIC SALARY," AND THAT FOR THE PERIOD SUBSEQUENT TO JULY 1, 1924, THE 2 1/2 PERCENT IS TO BE DEDUCTED FROM THE "MONTHLY SALARY.' THE REASON FOR THIS DIFFERENCE IN PHRASEOLOGY IS PROBABLY BECAUSE THE $240 PER ANNUM BONUS OR INCREASE OF COMPENSATION GRANTED TO CIVILIAN EMPLOYEES CEASED JUNE 30, 1924. BUT AS THERE IS APPARENTLY NO REASON FOR A DIFFERENT BASIS FOR DEDUCTIONS, EXCEPT THE AMOUNT OF THE PERCENTAGE, FOR THE PERIODS PRIOR AND SUBSEQUENT TO JULY 1, 1924, I BELIEVE THE TERM "MONTHLY SALARY" WAS INTENDED TO INCLUDE ONLY SALARY PROPER; THAT IS, REMUNERATION FOR PERSONAL SERVICES RENDERED, AND TO EXCLUDE ALL EXTRA COMPENSATION OR ALLOWANCES NOT PAID FOR PERSONAL SERVICES. THE "EXTRA COMPENSATION OF $120 PER ANNUM" (SECTION 6, ACT OF MAY 27, 1924, SUPRA,) PAID MEMBERS OF THE UNITED STATES PARK POLICE FORCE DETAILED TO MOTORCYCLE SERVICE, IS IN THE NATURE OF AN ALLOWANCE OR COMMUTATION TO COVER EXTRA EXPENSE WHICH SUCH MEMBERS INCUR ON ACCOUNT OF THEIR EQUIPMENT, AND IS NOT "SALARY" IN THE USUAL AND ORDINARY SENSE THAT THAT TERM IS UNDERSTOOD AND APPLIED, OR AS USED IN THE ABOVE-QUOTED STATUTE. 27 COMP. DEC. 675.

IN 10 COMP. GEN. 302, ALSO REFERRED TO IN YOUR SUBMISSION, IT WAS STATED AT PAGE 305:

* * * THE INCREASED COMPENSATION GRANTED FOR EFFICIENCY, WHETHER PAID IN CASH OR IN THE FORM OF QUARTERS OR OTHER ALLOWANCES FURNISHED IN KIND, IS AS MUCH A PART OF THE SALARY OR PAY OF THE EMPLOYEE AS WAS THE AMOUNT PAID BEFORE THE INCREASE, AND IS EQUALLY SUBJECT TO RETIREMENT DEDUCTION UNDER THE CIVIL RETIREMENT ACT IF THE EMPLOYEE IS IN A STATUS BRINGING HIM WITHIN THE TERMS OF THAT STATUTE. SEE 2 COMP. GEN. 525; 4 ID. 7; ID. 1051; 5 ID. 957. THERE SHOULD BE DISTINGUISHED INCREASES IN SALARY OR PAY FIXED ON THE BASIS OF PAST EFFICIENCY AND EXTRA PAY GIVEN FOR OVERTIME SERVICE OR ADDITIONAL ALLOWANCES GRANTED FOR UPKEEP OF EQUIPMENT, ETC., WHICH IS NOT SALARY AND NOT SUBJECT TO RETIREMENT DEDUCTION. SEE 4 COMP. GEN. 769, 770; ID. 875; AND PARTICULARLY 5 ID. 926, HOLDING THAT EXTRA COMPENSATION ALLOWED MEMBERS OF THE UNITED STATES PARK POLICE DETAILED TO THE MOTORCYCLE SERVICE IS NOT SUBJECT TO RETIREMENT DEDUCTIONS.

THERE IS NOTED YOUR STATEMENT THAT, SINCE THE RENDITION OF THE DECISION REPORTED IN 5 COMP. GEN. AT PAGE 926 ( MAY 20, 1926,) "THE METHOD OF HANDLING MOTORCYCLE EQUIPMENT HAS BEEN CHANGED AND THE MEMBERS OF THE METROPOLITAN POLICE FORCE DO NOT FURNISH ANY EQUIPMENT NOR DO THEY SUPPLY GAS OR OIL OR PAY FOR ANY REPAIRS. MOTORCYCLES AND THEIR MAINTENANCE ARE PAID ENTIRELY FROM POLICE DEPARTMENT APPROPRIATIONS.' WITH RESPECT TO A SIMILAR POINT CONSIDERED IN THE DECISION OF JUNE 5, 1926, A-14185 (RECONSIDERATION OF 5 COMP. GEN. 926) IT WAS STATED, IN MATERIAL PART, AS FOLLOWS:

FOR THE REASON THAT A COMPARISON WAS MADE IN THE DECISION BETWEEN THIS EXTRA COMPENSATION PAID TO MOTORCYCLE POLICEMEN AND EQUIPMENT MAINTENANCE ALLOWANCE PAID TO RURAL LETTER CARRIERS AND TO THE EXTRA ALLOWANCE PAID TO THE METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA WHO ARE REQUIRED TO BE MOUNTED (27 COMP. DEC. 675; ID. 152; 4 COMP. GEN. 770; ID. 876), YOU SUGGEST THAT THIS OFFICE MAY HAVE BEEN MISLED BY YOUR FORMER SUBMISSION AS TO THE BASIS ON WHICH THE EXTRA ALLOWANCE IN QUESTION IS PAID TO THE MEMBERS OF THE PARK POLICE FORCE DETAILED TO MOTORCYCLE SERVICE, AND YOU NOW STATE:

"THE MOTORCYCLES USED BY THE PARK POLICE ARE GOVERNMENT PROPERTY, FURNISHED AND MAINTAINED BY THE GOVERNMENT. NO ADDITIONAL EXPENSE IS DIRECTLY INCURRED BY A POLICEMAN BECAUSE OF HIS ASSIGNMENT TO MOTORCYCLE DUTY; AND THE EXTRA PAY CONNECTED WITH THAT DUTY IS RATHER ADDITIONAL REMUNERATION FOR MORE ARDUOUS AND DANGEROUS WORK AND WORK REQUIRING SPECIAL SKILL AND MECHANICAL KNOWLEDGE, THAN AN EQUIPMENT MAINTENANCE ALLOWANCE.'

THE BASIS FOR THE PAYMENT OF THE "EXTRA COMPENSATION" AS YOU NOW STATE IT WAS FULLY UNDERSTOOD BY THIS OFFICE AT THE TIME THE PREVIOUS DECISION WAS RENDERED. WHILE THE ANALOGY TO EQUIPMENT MAINTENANCE ALLOWANCE PAID RURAL LETTER CARRIERS AND THE EXTRA ALLOWANCE PAID TO MOUNTED POLICEMEN IS NOT ENTIRELY COMPLETE, THE COMPARISON WAS PROPER FOR THE PURPOSE OF SHOWING GENERALLY HOW EXTRA ALLOWANCES PAID IN ADDITION TO THE REGULAR COMPENSATION HAS BEEN CONSIDERED UNDER THE CIVIL RETIREMENT ACT, A SIMILAR STATUTE.

THE "ANNUAL SALARY" OF MEMBERS OF THE U.S. PARK POLICE FORCE IS FIXED IN SECTION 5 OF THE ACT OF MAY 27, 1924, 43 STAT. 175, AT SPECIFIC RATES FOR SPECIFIC GRADES OR DESIGNATIONS OF THE POSITIONS HELD BY THE MEMBERS OF THE FORCE. THE "EXTRA COMPENSATION OF $120 PER ANNUM" IS PROVIDED IN SECTION 6 OF THE STATUTE AND IS AUTHORIZED TO BE PAID TO THE MEMBERS OF THE FORCE ONLY DURING THE PERIOD OF DETAIL TO MOTORCYCLE SERVICE. THE DETAIL DOES NOT CHANGE THE GRADE OR DESIGNATION OF THE MEMBER OF THE FORCE DETAILED. THE PERIOD OF SUCH DETAIL MAY BE OF SHORT OR LONG DURATION, FOR A PART OR THE WHOLE OF THE FISCAL YEAR. ACCORDINGLY, THE EXTRA AMOUNT RECEIVED DURING THIS PERIOD OF DETAIL MAY NOT BE CONSIDERED IN THE SAME STATUS AS THE REGULAR SALARY OF A MEMBER OF THE FORCE, BUT THE EXTRA ALLOWANCE FOR ADDITIONAL DUTIES. IT MUST BE ASSUMED THAT THE TERM "SALARY" AS USED IN THE PROVISION FOR RETIREMENT DEDUCTIONS WAS USED ADVISEDLY AND WAS INTENDED TO RELATE TO THE "SALARIES" THEREIN FIXED AS SUCH AND WHICH ATTACH TO THE OFFICE OR POSITION HELD. IT THUS WILL BE SEEN THAT THE CITED DECISIONS AFFORD NO BASIS FOR HOLDING THAT THE EXTRA COMPENSATION OF $600, $240, AND $120 AUTHORIZED BY ACT OF MAY 27, 1924, 43 STAT. 174, ON ACCOUNT OF THE DETAIL OF MEMBERS OF THE POLICE FORCE TO SPECIAL DUTIES CONSTITUTES PART OF THE BASIC SALARY OF SUCH MEMBERS OF THE POLICE FORCE. IT IS FOR NOTING THAT THE ACT OF MAY 27, 1924, NOT ONLY AUTHORIZES EXTRA COMPENSATION TO MOTORCYCLE POLICEMEN BUT, ALSO, TO MEMBERS ASSIGNED FOR SPECIAL SERVICE IN THE PREVENTION AND DETECTION OF CRIME, WHICH SERVICES APPARENTLY REQUIRED NO SPECIAL EQUIPMENT BUT RATHER WERE BASED UPON THE NATURE OF THE TEMPORARY DUTIES REQUIRED. ALSO, IT IS A FACT THAT THE EXTRA COMPENSATION IN THE SUMS OF $600, $240, AND $120 PER ANNUM IS PAYABLE ONLY FOR THE PERIODS THE MEMBERS ARE DETAILED FOR THE SPECIAL DUTIES ENUMERATED IN THE STATUTE AND THAT THEIR RIGHT THERETO CEASES UPON TERMINATION OF SUCH DETAIL. ACCORDINGLY, IT MUST BE CONCLUDED THAT SUCH EXTRA COMPENSATION DOES NOT CONSTITUTE PART OF THE BASIC SALARY OF MEMBERS OF THE METROPOLITAN POLICE FORCE AND IT IS NOT SUBJECT TO THE PERCENTAGE INCREASE AUTHORIZED BY SECTIONS 1 OR 2 OF THE ACT OF JULY 14, 1945, PUBLIC LAW 151, 59 STAT. 470.

SECTION 2 OF THE ACT OF JULY 14, 1945, SUPRA, PROVIDES:

IN LIEU OF OVERTIME PAY AND NIGHT DIFFERENTIAL, OFFICERS AND MEMBERS OF THE METROPOLITAN POLICE, THE UNITED STATES PARK POLICE, THE WHITE HOUSE POLICE, AND THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA SHALL BE PAID ADDITIONAL COMPENSATION AT THE RATE OF 8 PERCENTUM OF THEIR ANNUAL BASIC SALARIES AS PROVIDED FOR IN SECTION 1 OF THIS ACT. SECTION 5 OF THE ACT OF JULY 1, 1930, 46 STAT. 840, REQUIRES THE DEDUCTION OF "3 1/2 PERCENTUM OF THE MONTHLY PAY FOR EACH MEMBER" OF THE METROPOLITAN POLICE FOR RELIEF OR RETIREMENT PURPOSES.

IN THE REPORT OF THE SENATE COMMITTEE ON THE DISTRICT OF COLUMBIA, SENATE REPORT 446, UPON H.R. 3291, WHICH BECAME THE ACT OF JULY 14, 1945, IT WAS STATED THAT THE 8 PERCENTUM ADDITIONAL COMPENSATION IS TO BE COMPUTED UPON THE NEWLY ESTABLISHED BASIC RATE, AND IT APPEARS FROM THE REPORT THAT THE PERCENTAGE INCREASE AUTHORIZED BY SECTION 2 IS NOT DUE TO ANY TEMPORARY OVERTIME OR TEMPORARY NIGHT WORK, BUT IS COMPENSATION FOR OVERTIME AND NIGHT WORK REGULARLY REQUIRED OF ALL MEMBERS OF THE METROPOLITAN POLICE AND FIRE DEPARTMENTS. IT WAS REPRESENTED IN THAT REPORT THAT THE MEMBERS OF THE POLICE FORCE WORK AN AVERAGE OF 12 HOURS EXTRA EVERY WEEK IN ADDITION TO THE 48 HOURS REGULARLY PRESCRIBED AND THAT 40 HOURS OF THEIR TIME EACH WEEK ARE SPENT ON NIGHT DUTY. IT APPEARS THAT FIREMEN LIKEWISE HAVE A PRESCRIBED WORKWEEK OF 72 HOURS, 42 OF WHICH ARE SPENT ON NIGHT DUTY. IT THUS APPEARS THAT THE 8 PERCENTUM ADDITION TO THEIR BASIC SALARIES, AUTHORIZED BY SECTION 2 OF THE ACT OF JULY 14, 1945, IS A PERMANENT ADDITION TO THE SALARIES OF THE MEMBERS OF THE METROPOLITAN POLICE FORCE AND IS TO BE PAID AS COMPENSATION FOR SERVICES RENDERED. THEREFORE, IT CONSTITUTES A PART OF THEIR "MONTHLY PAY" WITHIN THE PURVIEW OF SECTION 5 OF THE ACT OF JULY 1, 1930, AND IS SUBJECT TO THE PERCENTAGE DEDUCTION PROVIDED FOR IN THAT ACT.