CLASSIFICATION-Continued. Appropriation limitation on higher salaries resulting from allocations or realloca- tions-Continued.
resulting therefrom may be placed in effect without regard thereto... Limitation operation in respect of unobli- gated appropriation balances-sec. 400, Second Deficiency Appro. Act, 1947, prohibiting use of appropriated funds to pay any increased cost resulting from al- location or reallocation of position to higher grade, if such cost would result in increase in total obligations on annual basis, does not prevent allocation or re- allocation of position if there be sufficient unexpended or unobligated balance in ap- propriation to pay salary of allocated or reallocated position for balance of fiscal year, provided it be determined at effec- tive date thereof that payment of new salary rate will not result in increase in total obligations on annual basis. 27 C. G. 99, modified in part..... Operation of limitation in respect of sav- ings effected from downward alloca- tions, etc., of other positions-under sec. 400, Second Deficiency Appro. Act, 1947, limiting availability of appropriations for personal services to such increased costs resulting from allocation or reallo- cation of position to higher grade or crea- tion of new position as could be absorbed on annual basis within limits of appro- priation, promotions to higher grades due to allocations or reallocations may be effected only to extent that annual salaries, if paid for entire year, would not exceed obligations currently available for payment of salaries, taking into con- sideration savings effected by realloca- tions downward and abolishment of certain positions.......
Salary rate changes resulting from indi- vidual service reappraisal as constituting allocations or reallocations-any change in salary rates paid to doctors, dentists, or nurses in Dept. of Medicine and Surgery, Veterans' Adm., pursuant to act of Jan. 3, 1946, and regulations there- under, which is based upon reappraisal of current value of particular individual's services rather than upon changed re- sponsibilities and duties attaching to position, need not be regarded as alloca tion or reallocation of position to higher grade or creation of new position within meaning of sec. 400, Second Deficiency Appro. Act, 1947, such as would preclude payment of increased costs resulting from such salary changes..-- Field service-reallocation-effective date- appeal effect change in classification and salary resulting from reallocation down- ward of certain field positions based upon revaluation of duties and responsibilities of such positions may, by administrative
Page | CLASSIFICATION-Continued.
regulation, be made immediately effective, without regard to filing of appeal in matter, and retroactive adjustments in compensa- tion upon successful prosecution of appeal from such reallocation so as to pay em- ployee appropriate rate for grade to which position finally was allocated would not be authorized unless specifically provided for by regulation....
Initial salary rates. See Compensation, ini- tial salary rates. Reallocation:
Advance notice requirements as applying to non-preference employees-in absence of regulation or statute to effect that employees without veteran's preference are entitled to 30-day advance notice in case of reduction in rank because of real- locations of their positions downward- as distinguished from demotions due to reduction in force-there is no authority to furnish 30-day advance notices of downward reallocations to non-prefer- ence employees, so as to continue to pay such employees at their former rates of compensation subsequent to beginning of pay period current when approval of reallocation by Civil Service Commis- sion was received in administrative office...
Appropriation limitation on higher result- ing salaries. See Classification, appro- priation limitation on higher salaries resulting from allocations or reallocations. Effective date-furnishing of advance notice to non-preference employees- in absence of regulation or statute to effect that employees without veteran's preference are entitled to 30-day advance notice in case of reduction in rank be- cause of reallocations of their positions downward-as distinguished from de- motions due to reduction in force-there is no authority to furnish 30-day advance notices of downward reallocations to non-preference employees, so as to con- tinue to pay such employees at their former rates of compensation subsequent to beginning of pay period current when approval of reallocation by Civil Service Commission was received in administra- tive office..... CLOTHING: Civilian-discharged naval prisoners-en- titlement of Coast Guard personnel by assimilation to Navy personnel-act of Oct. 26, 1942, specifically extending to per- sonnel of Coast Guard, when that service is operating as part of Navy, provisions of law authorizing, in case of Navy personnel discharged from naval prisons, furnishing of civilian clothing and transportation and payment of gratuity, as well as gratuity payment prescribed by statute upon dis- honorable discharge of naval personnel, may not be regarded as affecting, when
Coast Guard is operating under Treasury, preexisting rights of Coast Guard personnel under said statutory provisions which were made applicable to that service by assimilating provisions of sec. 8, act of May 18, 1920.
Army of the United States:
Active-duty training for three months or less-$250 uniform allowance authorized by sec. 2, act of Dec. 4, 1942. for officers of Army of U. S. "accepted for active duty," may not be paid to officer members of reserve components of Army for periods of active-duty training of three months or less; however, where officers are accepted for active duty for periods in excess of three months, for training or otherwise, payment of such clothing allowance may be made, subject to such administrative limitations may be imposed upon right to payment... Active-duty training in excess of three months-$250 uniform allowance authorized by sec. 2, act of Dec. 4, 1942, for officers of Army of U. S. "accepted for active duty." may not be paid to officer members of reserve components of Army for periods of active-duty training of three months or less; however, where officers are accepted for active duty for periods in excess of three months, for training or otherwise, payment of such clothing allowance may be made, subject to such administrative limitations as may be imposed upon right to payment................. Coast Guard-reversion from temporary commissioned or warrant officer status to permanent enlisted status-effect of second reversion-clothing allowance authorized by subsec. A 10 (a), E. O. No. 9744B, to be paid Coast Guard enlisted man upon reversion from temporary commissioned ог warrant officer status to permanent enlisted status, once having been paid to Coast Guard personnel who reverted to their permanent enlisted status upon revocation of their temporary officer appointments, may not be paid second time to same individuals upon second reversion, without break in continuity of their service, from temporary officer status to permanent enlisted status................... Nurses:
Rights under prior laws as affected by Army-Navy Nurses Act of 1947: Person initially appointed in Navy Nurse Corps under provisions of act of May 13, 1908, after April 16, 1947, date of enactment of ArmyNavy Nurses Act of 1947, or prior to Oct. 16, 1947, effective date of
CLOTHING-Continued. Uniforms-Continued. Nurses-Continued.
Rights under prior laws as affected by Army-Navy Nurses Act of 1947—Con. repeal of 1908 act, and act of July 3, 1942, authorizing uniform allowances for members of Navy Nurse Corps, is entitled to uniform allowance prescribed pursuant to secs. 3 and 4 of 1942 act, even though such person be subsequently commissioned in new Navy Nurse Corps created by 1947 act
Person initially commissioned in Navy Nurse Corps pursuant to sec. 201, Army-Navy Nurses Act of 1947, between April 16, 1947, effective date of said act, and Oct. 16, 1947, effective date of repeal by sec. 213 of 1947 act of act of July 3, 1942, respecting uniform allowances for members of Navy Nurse Corps, is not entitled to payment of uniform allowance prescribed pursuant to secs. 3 and 4 of 1942 act... COAST GUARD:
Correction of records. See Records, military, naval, etc. COLLECTIONS:
Accounting, disposition, etc.:
Credit to appropriation or deposit as mis- cellaneous receipts. See Miscellaneous Receipts.
In general-in absence of express statu- tory authority to contrary, provisions of sec. 3617, R. S., require that gross amount of moneys received by officer on behalf of U. S. be covered into Treasury as mis- cellaneous receipts..... Public property damage reparation pay- ments. See Property, public, damage, loss, or destruction, disposition of amount recovered.
Government employee debtors-set-off of retirement deductions. See Set-Off, retirement deductions.
Housing rentals. See Housing, rentals. COMMISSIONERS: United States: Fees:
Bail-material witnesses-fee prescribed by sec. 21 (c), act of Aug. 1, 1946, to be paid U. S. Commissioners for services rendered in criminal cases in which ac- cused is presented before commissioner for purposes of bail, is not payable for services rendered in admission to bail or commitment of material witness to insure his presence at proceedings in which his testimony is required....... Commitment-material witnesses— fee prescribed by sec. 21 (c), act of Aug. 1, 1946, to be paid U. S. commissioners for services rendered in criminal cases in which accused is presented before commissioner for purposes of bail, is
COMMISSIONERS-Continued.
United States-Continued.
Fees-Continued.
not payable for services rendered in ad- mission to bail or commitment of mate- rial witness to insure his presence at proceedings in which his testimony is required.....
COMPENSATION:
See, also, Compensation, double; Officers and Employees holding two positions. Differential. See Compensation, differen- tial.
Aggregate limitation:
Applicability, in general-prohibition in sec. 603 (b), Federal Employees Pay Act of 1945, as amended by sec. 7, Federal Employees Pay Act of 1946, against payment of compensation at rate in ex- cess of $10,000 per annum is for considera- tion only where, except for provisions of such section, application of other provi- sions of pay acts would result in providing compensation at rate in ex- cess of $10,000 per annum, so that such prohibition would not apply where com- pensation payable in excess of such limitation arises by statute independ- ently of such acts.. Applicability to consultants appointed at $50 per day but not exceeding $5,000 per fiscal year-persons appointed as con- sultants on reclamation work at rate of $50 per day, but not to exceed $5,000 during any fiscal year, pursuant to sec. 1, act of Feb. 28, 1929, as amended, are not to be regarded as subject to $10,000 per annum aggregate compensation limitation imposed by sec. 603 (b), Federal Employees Pay Act of 1945, as amended. Appointment matters generally. See Ap- pointments.
Boards, commissions, committees, etc.: "For each day actually spent *** in the work of the board” as including travel time-members of National Labor-Man- agement Panel or board of inquiry who are entitled under secs. 205 (a) and 207 (b), Labor Management Relations Act, 1947, respectively, to compensation "when serving on business of the panel," or to compensation "for each day actually spent by them in the work of the board," may not be paid compensa- tion for elapsed travel time to and from place where official business is performed....
"When serving on business of the panel" as including travel time-members of National Labor-Management Panel or board of inquiry who are entitled under secs. 205 (a) and 207 (b), Labor Manage- ment Relations Act, 1947, respectively, to compensation "when serving on busi- ness of the panel," or to compensation
Page COMPENSATION-Continued. Boards, commissions, committees, etc.- Continued.
"for each day actually spent by them in the work of the board," may not be paid compensation for elapsed travel time to and from place where official busi- ness is performed.......... Classification. See Classification. Deceased employees-decedents' estates matters. See Decedents' Estates, com- pensation.
Jury service. See Courts, jurors, jees, Federal employees serving in State courts. Reemployment of annuitants. See Retire- ment, civilian, annuilies.
Retirement. See Retirement, civilian, de- ductions.
State taxes. See Tares, State, salary de- ductions.
Demotions. See Compensation, initial salary rates: Compensation, reduction. Detailed employees. See Details. Differential-inclusion in lump-sum leave payments-lump-sum leave payment au- thorized by secs. 1 and 3, act of Dec. 21, 1944, to be paid in amount equal to com- pensation that would have been received but for employee's separation from service or transfer to position under different leave system is for computation at rate which includes compensation differential for overseas ser ice only with respect to em- ployees who are separated or transferred while entitled to such compensation dif- ferential and to which they would have continued to be entitled but for separation or transfer......
District of Columbia employees. See Dia trict of Columbia, employees. Double:
See, also, Officers and Employees, holding two positions.
Adjutant General of Puerto Rico also Federal employee-person appointed by the President under act of June 3, 1916, as Adjutant General of Puerto Rico whose compensation is paid from Terri- torial funds as officer of Territory may accept appointment as State Director of Selective Service Records without re- sulting in holding of more than one Fed- eral office in violation of any of Federal dual compensation statutes... Civilian employees on military duty: Leave payments:
Subsequent to expiration of military leave:
Civilian employee members of Offi. cers' Reserve Corps or Enlisted Reserve Corps, who are granted annual leave upon expiration of 15 days' military leave authorized by act of May 12, 1917, as amended by act of July 1, 1947, for purpose of performing further military duty,
COMPENSATION-Continued.
Double-Continued.
Civilian employees on military duty-Con. Leave payments-Continued, Subsequent to expiration of military leave-Continued.
are entitled, in view of sec. 1(b) of 1947 act, amending 1917 act, to re- ceive compensation of their civil- ian positions for period of such annual leave in addition to pay and allowances authorized for mili- tary duty, without regard to dual compensation laws.. Employee receiving civilian com- pensation exceeding $2,000 p. a. who, prior to act of July 1, 1947, permitting concurrent receipt of civilian compensation and pay and allowances as member of Officers' Reserve Corps, was granted mili- tary leave in excess of 15 calendar days allowed by act of May 12, 1917, may have excess leave con- verted to annual leave and retain his civilian compensation, pro- vided military pay and allowances were not received for such days; but, if pay and allowances were received, dual compensation re- strictions would preclude pay- ment of civilian compensation therefor, and would require that such days be converted to leave without pay.. ----
Disability compensation and reservists'
pay and allowances:
Effect of surrender of disability com-
Naval Reserve officer drawing disa-
bility compensation from U. S. when ordered to active duty for training may not, by surrendering said disability compensation for period of training duty, become entitled to active-duty pay and allowances for such period, in view of prohibition in current Navy appro- priation act and sec. 10, act of Aug. 2, 1946, against payment of active-duty pay and allowances to officers of Naval Reserve who are drawing disability compensation from U. S.. Member of Officers' Reserve Corps in receipt of disability compensation from Veterans' Adm. covering period during which he was on active duty for training as reserve officer may not, by surrendering disability compensation for period of training duty, become entitled to active-duty pay and allowances for such period, in view of prohibition in Military Appro. Act, 1948, against use of appropriated funds for payment of active-duty pay and allowances to
Page COMPENSATION—Continued.
Disability compensation and reservists' pay and allowances-Continued. Effect of surrender of disability com- pensation-Continued,
officers of Organized Reserves who are drawing disability compensation from U. S.....
Leaves of absence-concurrent civilian and military duty. See Compensation, double, military personnel on civilian duty.
Military personnel on civilian duty-- civilian employment during military furlough with pay-fact that duration of civilian employment of Army enlisted man while on furlough was of necessity limited to his furlough period may not be regarded as expressly restricting civilian compensation to such a limited amount as when added to his Army pay would not exceed $2,000 per annum dual compensation restriction of act of May 10, 1916, as amended, so as to except enlisted man from general rule that combined rates of compensation are for consideration in determining whether receipt of two salaries exceeds statutory limitation, and not aggregate compensa. tion actually received in any particular year...
Concurrent retired and civilian service pay-employment by Panama Canal- retired Army officer employed by Panama Canal is entitled, without regard to general dual compensation restrictions of sec. 212, Economy Act of June 30, 1932, as amended, to have his retired pay and compensation rights determined in accordance with specific provisions of sec. 4, Panama Canal Act, as amended, authorizing, in effect, payment of full retired pay to retired commissioned officers hold- ing offices or positions with Panama Canal by providing for deduction of amount of retired pay from civilian compensation.... Retired officers holding positions with International Bank for Reconstruc- tion and Development-retired Army officers may, without regard to dual compensation and employment stat- utes (act of May 10, 1916, as amended; act of July 31, 1894, as amended; and sec. 212, act of June 30, 1932), accept compensation attached to their em- ployment with International Bank for Reconstruction and Development- international agency-in addition to their retired pay, it appearing that funds contributed by U. 8. to finance its subscription to Bank's capital stock will be intermingled with funds provided by other member nations
COMPENSATION-Continued.
Double-Continued.
Retired personnel-Continued.
and, as such, will lose their status as Federal funds..
When actually employed employee serving as substitute mail carrier-in case of an employee appointed as loss adjuster by Federal Crop Insurance Corp. on per diem when actually employed basis and concurrently employed by Post Office Dept. as substitute rural mail carrier when regular carrier is absent with pay there is no violation of dual compensation provisions of act of May 10, 1916, as amended, if employee did not receive compensation as substitute rural carrier for any of days he received compensation as loss adjuster... Foreign Service personnel-promotions—initial salary rates of reserve officers upon promotion-Foreign Service Reserve officers, who are on parity with Foreign Service officers with respect to classes to which they are appointed or assigned and salaries they receive, may, in view of fact that Foreign Service officers are promoted "by appointment to a higher class" in accordance with provisions of secs. 621, 622, and 623, Foreign Service Act of 1946, "at the minimum rate" provided for such higher class pursuant to sec. 413(b) of said act, be promoted from one class to next higher class only at minimum rate provided for such higher class.----Forty-hour week (act of Mar. 28, 1934). See Compensation, wage-board, etc., employees. Holidays. See Sundays and Holidays, compensation.
Increases. See Compensation, periodic within-grade advancements; Compensation, Postal Service, automatic promotions. Initial salary rates:
Foreign Service personnel. See Compensation, Foreign Service personnel. Postal Service. See, generally, Compensation, Postal Service.
Related matter of constructive appointment date for appointees who previously lost appointment opportunity because of military service. See Appointments, effective date, constructive date for appointees who previously lost appointment opportunity because of military service. Restoration following demotion-inclusion of within-grade advancement which would have been due in higher grade but for demotion-initial salary rate of employee may not, upon restoration to former grade following transfer to lower grade, be fixed to include within-grade salary advancement which would have been due in such former grade on date of transfer to lower grade, where rate thus fixed would exceed highest formerly received....
Page COMPENSATION-Continued.
Initial salary rates-Continued.
Transfer, promotion, demotion, reinstatement, etc., in general:
Administrative adjustment postpone- ment until funds become available— in case of employee who, because of limited funds, has been transfe.red, promoted, demoted, reinstated, or re- employed in classified position at rate of pay less than that attained by him in prior position in executive branch of Govt., administrative action may not be taken at some later date as funds become available to increase rate of pay of such employee within salary range provided by law for position, although such increased compensation would not exceed highest rate of pay attained by him in any prior position in execu- tive branch of Govt. 26 C. G. 368, amplified.. Retroactive operation of decision (26 C. G. 368) changing rules-qualifica- tion in decision of Nov. 27, 1946, 26 C. G. 368, to effect that rule stated therein with respect to fixing initial salary rates of employees in classified posi- tions to which transferred, promoted, demoted, reinstated, or reemployed, on basis of highest salary received in prior Govt. positions, could not be applied to cases theretofore processed is applicable to preclude reopening of previously processed cases for purpose of granting nonretroactive increases in compensation, as well as retroactive increases..
Leaves of absence. See Leaves of Absence. Limitations:
Aggregate limitation. See Compensation, aggregate limitation.
Rates. See Compensation, rates, limitations.
United States commissioners. See Commissioners, United States.
Military, naval, etc., personnel. See Pay. Missing, interned, or captured employeesconclusiveness of entitlement determinations for settlement of account-in general-provisions of sec. 9 of Missing Persons Act, as amended, that administrative determinations of entitlement of any person, "under provisions of this Act, to pay and allowances, including credits and charges in his account," shall be conclusive, apply only to matters within scope of act; that is, conclusiveness so accorded to administrative determinations does not extend to pay or allowance item not within contemplation of statute.. Overtime:
Customs Service employees:
Daylight saving time effect-provision in sec. 5, act of Feb. 13, 1911, as amended, for payment of extra compensation for certain overtime services performed
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