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Page | CLOTHING–Continued.


Officers' Reserve Corps-Continued.

Officers' Reserve Corps-Continued.
Effect of prior training periods:

Effect of prior training periods-Con.
Deductions from current payments for

which uniform was not required to
prior training periods:

be worn should be counted in de-
Sec. 1, act, Mar. 9, 1942, dispensing

termining whether an officer has
with requirement in act, May 14,

served the 3 periods mentioned, and
1940, that members of Officers'

this is so even though the duty
Reserve Corps be required to

may have been performed prior
wear uniforms as condition to

to uniform and equipment allow.
receipt of $50 uniform and equip-

ance act of May 14, 1940

ment allowance for each of the 3

Training periods prior to act, May 14,
active-duty training periods for

which payment is authorized

Although member of Officers' Re.
therein, is not retroactive, but in

serve Corps commissioned prior
determining whether a member is

to Sept. 26, 1941, and accepted for
to be paid the allowance for such

active duty either prior or sub-
training periods subsequent to

sequent to that date, may have
Mar. 9, 1942, tbe periods prior to

completed one or two periods of
that date, whether not uniforms

active duty training of 3 months
were required to be worn, must

or less prior to uniform and equip-
be deducted from the total of 3

ment allowance act of May 14, 1940,
for which payment is provided... 1026

he may receive, if otherwise quali-
Second proviso of sec. 2, uniform and

fied, the active-duty uniform and
equipment allowance act of Mar.

equipment allowance authorized
9, 1942, to effect that any $50 pay.

by sec. 2, act, Mar. 9, 1942, for
ments which have been made to

Reserve officers commissioned
Officers' Reserve Corps officer

prior to Sept. 26, 1941, who have
under sec. 1 shall be deducted

received or would have been en-
from $150 payment authorized

titled to receive the allowance
by sec. 2 thereof, includes pay-

authorized by act of May 14, 1940. 1026
ments under act, May 14, 1940,

Under first proviso of sec. 2 of uni-
since said sec. 1 is reenactment of

form and equipment allowance
act, May 14, 1940, with modifica-

act of Mar. 9, 1942, specifying that


member of Officers' Reserve Corps
While active-duty uniform and

shall not have "completed his
equipment allowance of $150 au-

first three periods of active duty
thorized by first proviso of sec. 2,

training of three months or less
act, Mar. 9, 1942, for certain mem-

in separate fiscal years
bers of Officers' Reserve Corps is,

as a condition to payment of allow-
under terms of said section, sub-

ance provided therein, a period of
ject to being reduced by any

active duty training of less than 3
amounts paid under sec, 1 of the

months during which uniform was
act, or under act, May 14, 1940,

not required to be worn should be
which authorize for such officers

counted in determining whether
& uniform and equipment allow-

an officer has served the 3 periods
ance of $50 for each of 3 periods of

mentioned, and this is so even
active duty training, it should not

though the duty may have been
be reduced by $50 for each of one or

performed prior to uniform and
two periods of such training com-

equipment allowance act of May
pleted prior to May 14, 1940, for

14, 1940..

which payment has not been made. 1026 General immateriality of whether orders
Training periods in which uniform

to extended active duty were prior or
was not required to be worn-under

subsequent to Sept. 26, 1941-whether
first proviso of sec. 2 of uniform and

Officers' Reserve Corps officer, com-
equipment allowance act of Mar. 9,

missioned prior to Sept. 26, 1911, was
1942, specifying that member of

accepted for active duty in excess of
Officers' Reserve Corps shall not

3 months prior or subsequent to Sept.
have "completed his first three

26, 1941, does not affect answers to
periods of active duty training of

questions covered by pars. 1, 3, 4, and
three months or less in separate fiscal

5, of syllabus of involved decision as

to rights of Officers' Reserve Corps
to payment of allowance provided


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officers to uniform and equipment al-
therein, a period of active duty train-

lowances authorized by act, Mar. 9,
ing of less than 3 months during




Page | CLOTHING_Continued.

Officers' Reserve Corps-Continued.

omicers' Reserve Corps-Continued.

either prior or subsequent to Sept. :
Member of officers' Reserve Corps

1941, is entitled, if otherwise qualifie
who completed under his original

to active-duty uniform and equipe
appointment 3 periods of active

allowance authorized by sec. 2, &
duty training of 3 months or less in

Mar. 9, 1942, for Reserve officers co:
separate fiscal years, and who was

missioned prior to Sept. 2, 1941..
reappointed either prior or subse-

Retrosctivity of act of Mar. 9, 1842
quent to Sept. 26, 1941, in another

sec. 1, act, Mar. 9, 1942, dispensi
branch of service under which he

with requirement in act, May 14, 19
completed no tours of active duty,

that members of Officers' Reser
is not entitled upon entry on extend.

Corps be required to wear uniforms
ed active duty to uniform and equip.

condition to receipt of $50 uniform a:
ment allowance authorized by sec.

equipment allowance for each of tbt
2, act, Mar. 9, 1942, for Reserve

active-duty training periods for whi
officers commissioned prior to Sept.

payment is authorized therein, is a
26, 1941, and for persons originally

commissioned on or subsequent to

Status of first proviso of section 2, 3
that date in Army of U. 8.


Mar. 9, 1942, as independent ena
Member of Officers' Reserve Corps

ment-first proviso of sec. 2, act, M.
who, prior to either uniform and

9, 1942, authorizing under certain cc
equipment allowance act of May 14,

ditions uniform and equipment allo
1940, or Sept. 26, 1941, was reap-

ance for members of Officer's Reser
pointed after having allowed his

Corps commissioned prior to Sept.
original commission to lapse, or who,

1941, is independent enactment fro:
after having been originally appoint-

and does not constitute exception
ed, was commissioned in same or

enacting clause of said section, auth.
higher grade without break in serv.

izing under certain conditions simi
ice, and who was accepted for ex-

allowance for persons originally co-
tended active duty either prior or

missioned in Army of U. 8. on ur su
subsequent to Sept. 26, 1941, is en-

sequent to Sept. 26, 1941.....
titled, if otherwise qualified, to

Reenlistment-turning in of uniform
active-duty uniform and equipment

prior enlistment-Navy enlisted mi
allowance authorized by sec. 2, act,

who received full clothing outfit on fi:
Mar. 9, 1942, for Reserve officers com-

enlistment, and who was required
missioned prior to Sept. 26, 1941. ... 1026 turn in all uniform outer clothing up
Member of officers' Reserve Corps

discharge prior to expiration of such
who was reappointed in Regular

listment, may not be considered as basi
Army prior to Sept. 28, 1941, is not

refunded value of such clothing with
entitled to active-duty uniform and

meaning of act of Mar. 3, 1915, an
equipment allowance authorized by

therefore, is not entitled under the a
sec. 2, act, Mar. 9, 1942, for Reserve

to a gratuitous issue of clothing upon
officers commissioned prior to Sept.

26, 1941, who are accepted for active

Retired naval reservists-officers, now
duty under their commissions, and

active duty, who were retired under ad
for persons who are originally com-

of June 4, 1920, and July 12, 1921, for d
missioned in Army of the U.S. on or

ability incurred while on active duty
subsequent to Sept. 26, 1941, regard-

time of war as members of Naval Reser
less of whether he had completed

Force established under act of Ang.
any periods of active duty training

1916, are not entitled to uniform grati
of 3 months or less under his Reserve

ties provided by sec. 302 of the Nav

1026 Reserve Act of 1938.....
Recommissioning in same or higher

grade without break in service-

Cash payments:
member of Officers' Reserve Corps

Prior to discharge- Marine Cor
who, prior to either uniform and

appro. for fiscal year 1942 for "u
equipment allowance act of May 14,

drawn clothing" is available for pa
1940, or Sept. 26, 1941, was reappointed

ment, prior to actual discharge,
after having allowed his original com-

accrued clothing allowance sa vin
mission to lapse, or who, after having

due enlisted men of the Mari
been originally appointed, was com-

Corps "as is now being done in th
missioned in same or higher grade

Army," even though the appropri
without break in service, and who was

tion designates only “discharged e
accepted for extended active duty

listed men”.



Census Bureau-Continued.

Cash payments Continued.

Retransfer to permanent roll-Con.
Term "discharged enlisted men" de-

incident to transfer from the per-
fined-term “discharged enlisted

manent to the temporary roll pur-
men" as used in 1942 Marine Corps

suant to the act of June 18, 1929, or
appropriation “for payment to dis-

while on the temporary roll operates
charged enlisted men for clothing

as a bar to a within-grade promo-
undrawn" is to be construed as de-

tion under the within-grade salary-
scriptive term and not as term of

advancement act of Aug. 1, 1941,
limitation, and, therefore, as not

upon retransfer to the permanent roll
barring accrued clothing allowance

until after 18 or 30 months from its
savings payments prior to discharge. 457

date unless the retransfer occurs after

the time when the employee's right

would have accrued under the salary-
Contracts. See Contracts, coal.

advancement statute had he re-

mained on the permanent roll...... 641

A nonclassified temporary census em-
Appropriations. See Appropriations, Coast

ployee restored under special pro-

visions of sec. 3, act, June 18, 1929,

to & former permanent position
Accounting, disposition, etc.-disbursing

status on the Census Bureau perma-
and certifying officer general procedure-

nent roll is entitled, contrary to rule
Gen. Reg. 93-Revised, Mar. 14, 1942. 1165

generally applicable to transfers from
Housing rentals. See Housing, rentals.

nonclassified to classified positions,
Public land matters. See Public Lands.

to be restored not on basis of his
Receipts from housing on leased land-estab.

salary status in the temporary posi-
lishing of reserve for use in removing the

tion but on basis of his previous per-
housing-no part of receipts derived by

manent-roll salary status, plus any
Dist. of Col. Alley Dwelling Authority

increase to which he would have been
from rental and operation of temporary

entitled by operation of law had he

housing erected under authority of Urgent

remained on the permanent roll.-.-
Deficiency Appro. Act, 1941, as amended,

Rule stated in 21 Comp. Gen. 386, that
on leased land may, under authority to

temporary census employee re-
use the receipts for administrative, opera-

stored pursuant to act, June 18, 1929,
tion and management expenses in connec-

to former position on permanent roll
tion with the housing, be set up as a reserve

is entitled to restoration on basis of
fund for demounting and remot ing the

any compensation increase to which
housing upon termination of the leases.... 580

be would have been entitled by

operation of law bad he remained on

permanent roll, has no application to
Census Bureau:

authorize statutory increase right to

which first accrued after date of
Retransfer to permanent roll:


A census employee who was granted
a salary increase equal to a one step

within-grade promotion incident to

his transfer pursuant to the act of

Differentials. See Compensation, differ-
June 18,1929, from the permanent to

the temporary roll, and who, had he

Double compensation cases. See Com-
remained on the permanent roll,

pensation, double.
would have accrued a right to a

Fees as court witnesses. See Witnesses,
within-grade salary advancement

fees, employees testifying for the Govern-
under the act of Aug. 1, 1941, prior

to the date of his retransfer to the

Government-housing leases with em-
permanent roll may be paid, effective

ployees-it contracts between Puerto
immediately upon retransfer rather

Rico Reconstruction Administration
than at the beginning of the follow-

and its employees for occupancy of low.
ing quarter, at the rate to which he

cost housing projects be entered into
would have been entitled under the

under same terms and conditions as with
salary-advancement statute had he

nonemployees, and if there be excluded
remained on the permanent roll... 641 from the list of eligible occupants em-
An increase in compensation equal to a

ployees who act in behalf of the U. S. in
one step within-grade promotion

the transactions so as not to violate the
granted a consus employee either

provisions of 18 U. S. Code 93, such con-



Page | COMPENSATION-Continued.

tracts would not be objectionable as

In kind--Continued.
being in contravention of the rule of

Salary adjustment-Continued.
public policy against the Govt. contract-

Periods of absence_Continued.
ing with its employees or of the pro-

Where employees whose contracts
bibition in sec. 1765, R. S., against extra

employment require that
allowances or compensation for em-

reasonable value of Govt. si


sistence furnished them be d
Postal Service employees:

ducted in accordance with sexe.
Act, Mar. 1, 1929, limitation applica-

act, Mar. 5, 1928, from their gre
bility-the compensation limitation in

salary are prevented from recei
Postal Service dual employment and

ing meals, ordinarily furnished
compensation statute of Mar. 1, 1929,

kind, by reason of absence fru.
is not applicable to payment of fees for

beadquarters on official busines
special delivery service which there.

the salary deductions may be
tofore had been expressly authorized

duced in amounts equivalent
by law.


the determined value of the mes
Serving also as special delivery messen-

not received...
gers-mail messengers and job cleaners “Base pay" defined--per annum “base pay
at first and second class post offices,

of employee whose permanent position i
regularly employed and whose salary

field service is within scope of Classifica
is fixed on annual basis, may be paid

tion Act of 1923, as amended, may be an
sees authorized for service as special

of annual salary rates prescribed by sa:
delivery messengers in addition to

act for grade or salary range in which pos
regular salary without contravening

tion has been administratively allocate.
any of the dual compensation statutes,

pursuant to Brookhart Salary Act. See 2
provided such service is not performed

C. G. 205...
during regular tour of duty

146 Classification. See Classification.
Aliens. See Aliens, employment.

Death compensation:

Naval Reserve rights generally:
In kind:

Aviation cadets-Naval Reserve Avis
Salary adjustment:

tion cadets are entitled to the pensions.
Periods of absence

compensation, retirement pay, bos.
Where amount of cash compensation

pital benefits and death gratuities pri-
to be paid employees from whose

vided by sec. 4 of act of Aug. 27, 194,
salaries deductions are made pur-

as amended, to extent that such bent
suant to sec. 3, act, Mar. 5, 1928,

fits are matters within jurisdiction of
for value of Govt. subsistence sur-

this office
nished in kind is increased by

Death prior to completion of 31 days
value of meals not furnished when

active service-members of Narai
employecs are absent from head-

Reserve whose orders to active duty
quarters on official business, such

are for periods of indefinite duration
increase is not item of subsistence

during existing national emergenes,
payable from traveling expense

and do not otherwise indicate tha:
appropriation but is part of cash

ordered duty is for less than 31 days
compensation payable from appro-

are within provisions of sec. 4 of act of
priation for salaries


Aug. 27, 1940, as amended, granting
Where deduction ordinarily made

pensions, compensation, retirement
from employee's gross salary for

pay, and hospital and death gratuity
subsistence in kind is to be ad-

benefits to members of Naval Reserve
justed because employee was re-

ordered to extended active duty in
quired to purchase from personal

excess of 30 days, even though they are
funds the midday meal during a

disabled or die prior to completion of
fractional day's absence from head-

31 days' active service....
quarters on official business, such

Honorary retired list offiars-officers
adjustment may be effected by

and enlisted men on honorary retired
paying him for the meal on travel

list of Naval Reserve, established by
voucher (Standard Form 1012)

sec. 309, Naval Reserve Act of 1938,
rather than by adjusting his salary

who have been or may be ordered to
on the pay roll, but payment must

active duty for extended service in
not exceed proportionate cost of

excess of 30 days are entitled to pen.
meal based on determined value of

sions, compensation, retirement par
entire subsistence furnished in

and hospital benefits provided in act
kind, notwithstanding meal may

of Aug. 27, 1940, to extent that such
have cost employee more than that

benefits are matters within jurisdic-
amount. 21 C. G. 663, amplified. 919

tion of this office...

Page | COMPENSATION-Continued.

Death compensation-Continued.

Naval Reserve rights generally-Con.

duty outside U. S., is authorized inde-
Merchant Marine cadets Merchant

pendently of administrative action un-
Marine Reserve cadets are entitled to

der classification act in allocating posi-
the pensions, compensation, retire-

tion to proper grade or salary range in
ment pay, hospital benefits and death

fixing basic salary rate.

gratuities provided by sec. 4 of act of

Canal Zone employees generally-while
Aug. 27, 1940, as amended, to extent

E. 0. 8719 and 8812 suspend compliance
that such benefits are matters within

with provisions of appropriation acts
jurisdiction of this office

121 therein mentioned with respect to com-
Midshipmen--Naval Reserve midship-

pensation differential for employees in
men are entitled to the pensions,

Canal Zone, the act of Aug. 24, 1912,
compensation, retirement pay, hos-

authorizing such differential to em-
pital benefits and death gratuities

ployees of the Panama Canal not to ex-
provided by sec. 4 of act of Aug. 27,

ceed 25 percent of salaries paid for same or
1940, as amended, to extent that such

similar services for the Govt. in the con-
benefits are matters within jurisdiction

tinental U. S., remains unchanged, and
of this office


this differential may be extended to all

Govt. employees in the Canal Zone
Jury service. See Courts, jurors, fees, com-

whose salary rates are not otherwise
pensation deduction of Federal employecs.

specifically fixed by law

Purchase of Govt. bonds:

Effective date-rule that allocation or re-
No objection to procedure whereby pay.

allocation of position approved by Civil
ment of employee's salary would be

Service Commission is effective from be-
made partly by check or cash and

ginning of pay period current when no-
partly in U. S. Savings Bonds, even

tice of approval is received in adminis-
though procedure contemplates issu-

trative office should be applied to the
ing of bonds in name of other persons

allocation or reallocation of positions
designated by employee and that

within purview of Exec. Order 8955, ex-
salary deduction for each pay period

tending classification act to and estab-
may not in every instance equal full

lishing a salary differential for, civilian
purchase price of a bond, provided

positions in War and Navy Depts, in
that, in addition to employee's pre-

certain areas outside U.S., and the sal-
viously executed authorization for

ary differential, as well as the allocation
salary deductions, there be obtained

or reallocation, will be effective from be-
when each bond is delivered a receipt

ginning of such pay period.

acknowledging full payment of salary

Effect of employee's citizenship status or
for period involved.


place of hire:
Where employee voluntarily agrees to

Provisions of act, Nov. 26, 1940, and
accept U. S. Savings Bonds in lieu of

Exec. Order 8955, extending provisions
compensation for services rendered,
there is no legal objection to an admin-

of classification act to civilian positions

in War and Navy Depts. in certain
istratively proposed procedure where-
by a part of his current compensation

areas outside U. S. and establishing a
is to be reserved on each pay roll until

salary differential therefor, relate ex-
sufficient withholdings have been

clusively to classification of positions
made to equal purchase price of bonds

rather than to the qualification of indi-
for which he has subscribed, provided

vidual employees, and, therefore,
that adequate accounting data are

neither citizenship status of an indi-
furnished to enable a proper audit

vidual, nor whether hired locally or
thereof by this office..

elsewhere, has any bearing upon the

allocation or fixing of salary rate to in-
Demotions. See Compensation, reduction.

clude differential..

Action of President as prerequisite to

Where, under Exec. Order 8955, extend-
provisions of act, Nov. 26, 1940, extending

ing classification act to, and establish-
classification act, with respect to com-

ing salary differential for, civilian posi-
pensation differential for employees in

tions in War and Navy Depts. "for
remote, etc., locations, are not effective

which citizens of the United States are
unless and until President by Executive

recruited" and which are located in
order establishes compensation differen-

certain areas outside U.S., it once has
tial for classes of positions therein men-

been determined that a position is cov.


ered by the Exec. order and the alloca-
Allocation of position as prerequisite to-

tion made, neither allocation of posi.
compensation differential authorized by

tion nor payment of salary differential
sec. 15, act, Sept. 5, 1940, for Public Roads

in that grade is affected by citizenship
Admin., etc., employees assigned to

status of an individual incumbent... 947

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