position is determined not to be one "for
which citizens of the United States are
recruited" within meaning of Exec. Order
8955, extending classification act to, and
establishing a salary differential for, ci-
vilian positions in War and Navy Depts.
in certain areas outside U. S., but, rather,
a position incumbent of which is paid on
basis of administratively adopted native
schedule, no salary differential would be
payable to incumbent regardless of
whether he be a native or an American
citizen..

Resulting salary rate differing from classi-
fication act rate-where addition of max-
imum compensation differential of 25
percent authorized for Govt. employees
in the Canal Zone results in a salary rate
which falls between two authorized
classification act rates, the resulting
salary rate may not be advanced to the
next higher classification act rate, but, if
administratively desired to fix total sal-
ary rates of such employees at a classifica-
tion act rate, rather than at an odd rate,
the amount of the differential may be
limited to an amount necessary to ac-
complish that result
Salary rate used in computation-compen⚫
sation differential of not to exceed 25 per-
cent which may be paid to Govt. em-
ployees in Canal Zone is not required to
be based on minimum salary rate of
grade in which an employee's position is
allocated, but may be based on any
salary rate of such grade properly fixed
for the particular employee....
Status for subsequent automatic promo-
tion action purposes-payment of salary
differential to incumbent of position
covered by Exec. Order 8955, extending
classification act to, and fixing such a dif-
ferential for, positions in War and Navy
Depts. in certain areas outside U. S., is
not an "equivalent increase in compen-
sation" within the meaning of sec. 2 of
the uniform within-grade salary-ad-
vancement statute of Aug. 1, 1941, and
does not affect incumbent's eligibility to
a within-grade salary advancement
under that act...

Page | COMPENSATION-Continued.

947

947

205

205

947

Disability:

Naval Reserve rights generally:
Aviation cadets-Naval Reserve avis-
tion cadets are entitled to the pen-
sions, compensation, retirement pay,
hospital benefits and death gratuities
provided by sec. 4 of act of Aug. 27,
1940, as amended, to extent that such
benefits are matters within jurisdie
tion of this office.....
Disability prior to completion of 31 days'
active service-members of Naval
Reserve whose orders to active duty
are for periods of indefinite duration
during existing national emergency,
and do not otherwise indicate that
ordered duty is for less than 31 days,
are within provisions of sec. 4 of act of
Aug. 27, 1940, as amended, granting
pensions, compensation, retirement
pay, and hospital and death gratuity
benefits to members of Naval Reserve
ordered to extended active duty in ex-
cess of 30 days, even though they are
disabled or die prior to completion of
31 days' active service....
Honorary retired list officers-officers
and enlisted men on honorary retired
list of Naval Reserve, established by
sec. 309, Naval Reserve Act of 1938,
who have been or may be ordered to
active duty for extended service in ex-
cess of 30 days are entitled to pensions,
compensation, retirement pay and
hospital benefits provided in act of
Aug. 27, 1940, to extent that such
benefits are matters within jurisdiction
of this office..

Page

121

121

121

Merchant Marine cadets-Merchant
Marine Reserve cadets are entitled to
the pensions, compensation, retirement
pay, hospital benefits, and death
gratuities provided by sec. 4 of act of
Aug. 27, 1940, as amended, to extent
that such benefits are matters within
Jurisdiction of this office............................. 121
Midshipmen-Naval Reserve midship-
men are entitled to the pensions, com-
pensation, retirement pay, hospital
benefits, and death gratuities provided
by sec. 4 of act of Aug. 27, 1940, as
amended, to extent that such benefits
are matters within jurisdiction of this
office...

District of Columbia employees. See Dis-
trict of Columbia.

Double:

See, also, Officers and Employees, holding
two positions.
Annuitants:

Retirement annuity and active service
compensation-retirement annuity su
thorized by Civil Service Retirement
Act, as amended, and compensation
for active service in a civilian capacity

121

COMPENSATION-Continued.
Double-Continued.

Annuitants-Continued.

1125

may not be paid to same person for
same period of time...
Survivor annuity and active service
compensation-upon death of retired
employee, payment may be made of a
"survivor" annuity authorized by sec.
4, Civil Service Retirement Act, as
amended, to his duly designated bene-
ficiary while such beneficiary is em
ployed in a civilian position and is in
receipt of active service compensation.
10 C. G. 309; 13 id. 54; ibid. 258; 14 id.
285; and 16 id. 121, distinguished..... 1125
Survivor annuity and retirement annu-
ity-where beneficiary of "survivor"
annuity authorized by Civil Service
Retirement Act, as amended, is em-
ployed in position falling within pur-
view of said act, salary deductions
should be made regularly from com.
pensation paid, but question as to
whether such beneficiary will be en-
titled to retirement annuity in addi-
tion to "survivor" annuity will be for
determination under laws in force at
time right thereto arises...
Civilian employees on military duty:

Leave payments:

Active duty with or without reservist's
consent a member of the Officers'

Reserve Corps who is "ordered"
pursuant to authority of law to ac-
tive military duty, either with or
without his consent, is entitled under
act of Aug. 1, 1941, to receive pay-
ment for accumulated and current
accrued leave earned while in his
civilian position in addition to his
military pay....

Application for leave, granting of, etc.,
requirements:

Annual leave for which payment is
authorized, concurrently with ac-
tive military or naval service, by
act of Aug. 1, 1941, must be applied
for, administratively granted, and
computed the same as in any other
case of annual leave, except that it
need not be applied for or granted
in advance...
Where employee who was on ordered
military duty on Aug. 1, 1941,
made application prior to relief
from such duty for compensation,
pursuant to the said act, for accu-
mulated and current accrued ci-
vilian leave in addition to military
pay but decision thereon was not
reached until after restoration to
his civilian position, he may at
this time be paid for the leave so
applied for, but a similarly situ-
ated employee who made no appli-

1125

432

258

Civilian employees on military duty-
Continued.

Leave payments--Continued.
Application for leave, granting of, etc.,
requirements-Continued.

cation for compensation for his
civilian leave until after restora-
tion to his civilian position may
not be paid therefor except for
that thereafter taken...
Appropriation chargeable-period im-
mediately following last day of
active service in civilian position
is period for which payment may
be made to employees for annual
leave, concurrently with active
military or naval service, pursuant
to act of Aug. 1, 1941, and the fiscal
year salary appro. chargeable is the
one which would have been available
had the leave been granted in ad-
vance for such period, the charge to
be apportioned if the leave falls in
two fiscal years..
Appropriation deficiencies-if unobli-
gated balance in fiscal year appro.
chargeable is insufficient to pay
obligation created by act, Aug. 1,
1941, authorizing payments to em-
ployees for leave in their civilian
positions concurrently with active
military or naval service, the vouch-
ers covering such payments should
not be forwarded to this office as
claims for direct settlement, but,
rather, the administrative office
should take steps to obtain a supple-
mental or deficiency appropriation.
Computation:

In computing annual leave for which
payment is authorized by act,
Aug. 1, 1941, concurrently with
active military or naval service,
credit should be allowed for Sun-
days and other nonwork days.
See B-20149, Sept. 13, 1941, 21
C. G. 210..

The payment authorized by act of
Aug. 1, 1941, for leave of Govt.,
etc., employees concurrently with
military or naval duty should be
computed upon same basis as
though the leave had been taken
for the period covered thereby
without entering the military or
naval service, and, therefore,
credit for Sundays and other non-
work days should be allowed.............
Where there has been administra-
tively established a 5-day 39-hour
week-Monday through Friday-
for per annum field employees who
formerly worked 39 hours per
week-Monday through Saturday

COMPENSATION-Continued.
Double-Continued.

Civilian employees on military duty--

Continued.

Leave payments-Continued.
Computation-Continued.

-Saturday is thus established as a
nonwork day by "administrative
order" requiring its exclusion in
the charging of leave, and, there-
fore, such employees should be
charged with only 5 days of annual
leave for a week's absence and not
for 5 4/7 days as was required under
the former workweek.
Employees paid from Federal funds
but appointed by States-account-
ing and custodial employees serving
in office of U. S. Property and Dis-
bursing Officer for a State who are
employed by State military author-
ities, although part of their com-
pensation is paid from Federal funds,
are not "employees of the United
States Government" within mean-
ing of act, Aug. 1, 1941, and they may
not be paid under said act, concur-
rently with active military or naval
service, for annual leave accrued in
their civilian positions.....
Interpretation of word "ordered":
Interpretation of word "ordered" as
made in 21 Comp. Gen. 210 not for
application to reserve officers or-
dered to active duty with their
consent..

Word "ordered" as used in act, Aug.
1, 1941, relating to payment of em-
ployees for leave in their civilian
positions, concurrently with
active military or naval duty, ap-
pears merely to signify compul-
sion or command, as distinguished
from complete voluntary and self-
controlled action..
Legislative authorization applicability
to sick leave-act of Aug. 1, 1941,
authorizing payment for leave con-
currently with active military or
naval duty to Govt., etc., employees
has no application to sick leave.....
Legislative authorization scope in gen-
eral Government employees in-
ducted into military or naval forces,
including those who volunteer for
induction, pursuant to Selective
Training and Service Act of 1940, as
well as those called to active duty
pursuant to Pub. Res. No. 96 of
Aug. 27, 1940, or section 37 (a) of the
National Defense Act of 1916, as
amended, are within the purview of
the act of Aug. 1, 1941, authorizing
payment for leave concurrently with
active military or naval duty to
Govt., etc., employees "ordered" to
such duty..

Double-Continued.

Civilian employees on military duty-

Continued.

Leave payments-Continued.

Pay roll procedure-no objection to
administratively proposed pay roll,
etc., procedure in connection with
payments to employees for leave
while receiving pay for military or
naval duty, as authorized by act of
Aug. 1, 1941, which procedure con-
templates, among other things, that
the records will not be amended to
show a return of the persons from
. furlough for the leave period and a
re-furlough for active duty. How-
ever, payments should be supported
by certified copy of order to active
duty or a statement showing order
to such duty and date so ordered...
Postmasters:

sum

Any unexpended balance of lump
appro. "Compensation of
postmasters" for fiscal year 1941 is
available to pay postmasters who
have been on active military duty
"since the fall of 1940" for leave,
concurrent with active military
duty, granted pursuant to act.
Aug. 1, 1941.

As the limitation in the Postal regu-
lations on accumulated leave in
excess of 30 days is merely designed
to prevent too long an absence in
any one fiscal year and not to
cancel such excess, decision of
Sept. 19, 1941, B-20362, 21 C. G.
237, authorizing payment for ac-
cumulated and current accrued
leave to postmasters ordered to
active military or naval duty
under conditions therein set forth
may be applied to authorize pay-
ment for all accumulated and cur-
rent accrued leave, rather than
only leave not in excess of 30 days
Postmasters who have been ordered
to military or naval duty-as
distinguished from those voluntar-
ily enlisted-and whose offices
have been filled by acting post-
masters under authority of act of
Dec. 6, 1940, during their absence,
may receive compensation for their
accumulated and current accrued
leave (not to exceed 30 days allow-
able in any one fiscal year under
postal regulations) under author-
ity of act of Aug. 1, 1941, relating to
payment of Govt., etc., employees
for leave concurrently with active
military or naval service....
Rate at which payable:

A civilian employee on military duty
who becomes entitled to a within-
grade salary advancement under

COMPENSATION—Continued.

Double-Continued.

Civilian employees on military duty-

Continued.

Leave payments-Continued.

Rate at which payable-Continued.

act, Aug. 1, 1941, Public 200, at
beginning of a quarter occurring
within a period for which he is paid,
concurrently with military pay,
civilian compensation for accumu-
lated and current accrued annual
leave granted under act, Aug. 1,
1941, Public 202, as amended, is
entitled to be paid at increased
salary rate during such period of
annual leave from effective date of
salary advancement..
An employee who was temporarily
appointed or promoted, prior to
being ordered into active military
or naval service, to fill a vacancy
created by another employee's
entry into such service, is entitled,
if otherwise qualified, to be paid
pursuant to the act of Aug. 1,
1941, for accumulated and current
accrued civilian leave in addition
to his military pay at the rate of
compensation of the position
temporarily held on the last day
of civilian service immediately
prior to entry on active military
or naval duty...
Employee reduced in grade and
salary simultaneously with
release from active civilian service
under orders to enter active mili-
tary service may be paid compen-
sation for accumulated and current
accrued civilian leave, concurrent-
ly with active military pay, under
act, Aug. 1, 1941, only at reduced
rate applicable to position actually
held at time he entered military
service....

Restoration to civilian position prior
to legislation authorizing such pay-
ments--if employee returned to his
civilian position from military serv-
ice prior to Aug. 1, 1911, the date of
approval of Public Law 202, granting
to employees ordered to military
duty the right to receive payment
for accumulated and current accrued
leave in addition to their military
pay, he was not in a status upon
which the statute could operate and
is entitled merely to be recredited
with such leave...
Restoring separated employees solely
for payment for leave-an employee
who is not restored pursuant to sec. 7
of the Service Extension Act of 1941
to active Federal civilian duty after
discharge from military or naval
service under a voluntary enlist-

Double-Continued.

Civilian employees on military duty-

Continued.

Leave payments-Continued.

ment may not be restored to a pay
status for the sole purpose of paying
him for accumulated leave unused at
the time of his enlistment.....
Rights generally of employees entering
military duty prior to May 1, 1940-
employce ordered to active military
or naval duty prior to May 1, 1940, is
entitled to the benefits of act of Aug.
1, 1941, relating to payment of em-
ployees for leave in their civilian
positions concurrently with active
military or naval service, but this
does not necessarily mean that per-
son ordered to active duty prior to
date of Aug. 1 act, who completed
active duty prior to such date, would
be entitled to its benefits..
Temporary employees-an employee
who was temporarily appointed or
promoted, prior to being ordered
into active military or naval service,
to fill a vacancy created by another
employee's entry into such service,
is entitled, if otherwise qualified,
to be paid pursuant to the act of
Aug. 1, 1941, for accumulated and
current accrued civilian leave in
addition to his military pay at the
rate of compensation of the position
temporarily held on the last day of
civilian service immediately prior to
entry on active military or naval
duty.
Training duty-an employee who is
ordered with his consent to "active
duty training with the Regular
Army" as a member of the Officers'
Reserve Corps under authority of
the National Defense Act is entitled
to payment for accumulated and
current accrued leave under the
act of Aug. 1, 1941.
Volunteers for enlistment:
Action taken to separate civilian
employee upon his voluntary en-
listment subsequent to May 1,
1940, either by acceptance of his
resignation or otherwise, may not
thereafter be rescinded by retro-
actively changing administrative
records to show such employee as
in a leave-without-pay status, not-
withstanding sec. 7 of Service
Extension Act of 1941 conferring on
such volunteers the same reem-
ployment benefits accorded per-
sons inducted under Selective
Training and Service Act of 1940,
but his right to such reemploy-
ment benefits will not be affected
by his separation from the service.

Page

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210

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432

403

COMPENSATION-Continued.
Double-Continued.

Civilian employees on military duty-

Continued.

Leave payments-Continued.

Volunteers for enlistment-Continued.
A Govt. employee inducted into
military service on June 17, 1941.
who enlisted in Regular Army on
June 20, 1941, is entitled to the
benefits of the act of Aug. 1, 1941,
authorizing payment for accumu-
lated and current accrued leave,
concurrently with active military
or naval duty, to employees of the
United States, etc., "ordered"
to such duty..

Civilian employee who voluntarily
enlists may not receive payment
for accrued civilian annual leave
concurrently with military or
naval pay, even though combined
rate of such compensation and
pay be less than the $2,000 per
annum limitation specified in
dual compensation statute of
1916, and no question regarding his
leave rights will arise until he has
complied with the terms and con-
ditions of sec. 7 of Service Ex-
tension Act of 1941 entitling him
to restoration to his civilian posi-
tion and he has been so restored..
While employees who enter mili-
tary or naval service by voluntary
enlistment, regardless of date of
enlistment, are not entitled to bene-
fits of act of Aug. 1, 1941, relating
to payment of employees for leave
concurrently with military or
naval duty, those who voluntarily
enlist after May 1, 1940, are entitled
to the reemployment benefits of
section 7 of the act of Aug. 19,
1941..
Women's Army Auxiliary Corps mem-
ber's eligibility-female civilian Govt.
employees who enter Women's
Army Auxiliary Corps are entitled
to benefits of act, Aug. 1, 1941, as
amended, authorizing payment for
accumulated or current accrued
leave concurrently with active
military duty, on same basis and in
accordance with same rules as have
been stated in decisions of this office
with respect to male civilian em-
ployees who enter active military
service...
District of Columbia employees. See Dis-
tric of Columbia.
Election of amount for retention-under
sec. 212, act of June 30, 1932, limiting to
$3,000 per annum combined rate of re-
tired pay and civilian compensation of
retired commissioned officers who are
also civilian Govt. employees, there is no
right of election to receive either civilian

compensation or retired pay unless retired
pay equals or exceeds $3,000 per annum,
otherwise, deductions to bring combined
rate within limitations must be made
from retired pay...

Fees as salary-compensation paid for
special delivery of mail matter is not
based upon any element of time but
constitutes payment of indefinite and
undetermined aggregate made up of
charges for separate services dependent
entirely upon contingencies beyond
control of Govt. or employee, and accord-
ingly, does not constitute salary within
meaning of dual compensation act of
1916..
Leaves of absence:

Concurrent military duty. See Com
pensation, double, civilian employ a on
military duty.

Concurrent regular compensation and
leave payments in same position:
Appication for and denial of leave-
War Dept. field service employees
are not entitled to payment under
the act, June 3, 1941, and the Presi-
dent's regulations issued pursuant
thereto, for annual leave in lieu of
vacations unless permission to take
a vacation has been requested and
such permission has been denied,
even though current accrued leave
would be forfeited at the end of the
calendar year because of excess
accumulation...

Application for and denial of leave
prior to effective date of Exec.
order-War Dept. field service em-
ployee within purview of sec. 1 of
E. O. 8817, prescribing rules and
regulations under which payments
are to be made pursuant to act, June
3, 1941, for denied vacations, may not
be compensated for any forfeitable
leave accrued during the calendar
year 1941 if the request for and denial
of the leave occurred prior to the
effective date, July 5, 1941, of the
Executive order....

Application for leave not made be-
cause of indispensability of em-
ployee's services-where applica
tion for current accrued annual
leave was not made by War Dept.
field service employee because of a
prior determination that his services
could not be spared during the year,
compensation may not be paid after
Dec. 31 under act, June 3, 1941, for
leave forfeited because of excess
accumulation, since the President's
regulations issued pursuant to the
act require that application for the
leave be made and denied before
payment for such leave is author-
ized......

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