Reporting to Congress-lapsed appropria- tions-workmen's compensation awards— in view of 31 U. 8. Code 713 with respect to covering into the Treasury of unex- pended appropriation balances, periodic workmen's compensation payments, ex- tending over a number of years, which are required to be made to an employee of a State or other agency injured during fiscal year 1943 while conducting defense train- ing courses-cost of which, including work- men's compensation payments, is payable from Labor-Federal Security appropria- tion, 1943-may be made from said 1943 appropriation only during that year and for two fiscal years thereafter; subsequent thereto the matter is for consideration of Congress under 31 U. S. Code 714........ Settlements. See General Accounting Office, settlements.
CLASSIFICATION: Field service:
Administrative discretion, in general, un- der mandatory-classification provisions of Brookhart Salary Act-words "so far as may be practicable" appearing in sec. 2. Brookhart Salary Act of July 3, 1930, requiring heads of depts., etc., to adjust compensation of field service positions to correspond to rates established by law for departmental positions in Dist. of Col., do not vest in administrative office any authority to fix salary rates of field positions without regard to Classi- fication Act, but do recognize some administrative discretion with respect thereto.....
Cooperative employees-paid partly by State and partly by Federal Govern- ment-since it now appears from addi- tional facts presented that the appoint- ment, fixing of salaries in accordance with Classification Act, supervision of work, etc., of Geological Survey em- ployees engaged on State-Federal co- operative projects are controlled by Federal Govt. rather than by the States, it is concluded that the employees occupy permanent Federal positions within the purview of the Classification Act..
Page CLASSIFICATION-Continued. Field service-Continued.
approval by proper administrative officer, or at such later date as might be administratively fixed....
Positions outside United States:
As being mandatory-positions embraced by Brookhart Salary Act-pursuant to sec. 2 of Brookhart Salary Act of July 3, 1930, the heads of executive depart- ments and establishments are required to adjust compensation of civilian field service positions in the territories and insular possessions of U. S. and in foreign countries to the grades and compensation schedules of the Classi fication Act of 1923, as amended, un- less such positions are expressly ex- cepted by statute from the said classi- fication act...---
At grades higher than those for similar positions in continental U. S.-effect of President's differential-establishment authority on administrative allocation- in absence of Executive order extending under authority of act of Nov. 26, 1940, all provisions of classification act to positions in custodial service under P. O. Dept. in Alaska, said Dept. may administratively allocate such positions one or more grades higher than grades in which same or similar positions are allocated in continental U. S., provided salary rate so fixed for position in Alaska does not exceed by more than 25 percent the authorized salary rate for same or similar position in States... Reallocation:
Duties of grades changed by statute— where, by reason of act of Aug. 1, 1942, changing description of duties of positions to be allocated in certain grades of the crafts, protective, and custodial service, reallocation of a position to another grade is required, the effective date of the salary change resulting from such reallocation is for determination in accordance with the usual rules respecting effective date of reallocations of positions, and may not be made retroactively effective to Aug. 1, 1942-the effective date of the act... 526 General rule-upon reallocation of a position in departmental service, in- volving action by both administrative office and Civil Service Commission, the resulting change in salary is effec- tive at beginning of pay period current when notice of reallocation is received in administrative office, but in the field service, involving action by ad- ministrative office only, the change in salary is effective on date of approval by proper administrative officer, or at such later date as might be adminis- tratively fixed.....
CLASSIFICATION—Continued. Reallocation-Continued.
Field Service. See Classification, Field Service, reallocation. Promotions-wage and salary stabilization effect-neither Exec. Order 9250, issued Oct. 3, 1942, with respect to wage and salary stabilization pursuant to inflation- prevention provisions of act of Oct. 2, 1942, nor the regulations of the Economic Stabilization Director, issued Oct. 27, 1942, pursuant to said Executive order, requiring, insofar as here pertinent, the prior approval therein specified of certain increases in salaries or wages, affect in any manner salary increases resulting from changes in classification and with- in-grade promotions made pursuant to Classification Act of 1923, as amended.. Salary rates of grades changed by statute- initial salary rate adjustments-effective date effect of provisions in act of Aug. 1, 1942, eliminating lower salary rates and adding higher rates at top of ranges of certain grades in the subprofessional and the crafts, protective, and custodial services, is to require an adjustment, effective Aug. 1, 1942, in any salary rate eliminated by the act so as to pay em- ployee the new minimum salary rate of same grade occupied by him on Aug, 1, 1942, based on the then existing allocation of the position..............
Transfers:
Initial salary rates:
Former position not under Classification Act-an employee who served in an unclassified position, then served in a position without compensation, and subsequently was reappointed to a classified position may-notwithstand- ing the intervening period of service without compensation-be paid initial- ly at any rate in salary range of grade to which reappointed, not exceeding rate previously received in unclassified position.......
Temporary census employees retrans-
ferred to permanent rolls: Salary rate of nonclassified temporary census employees restored by re- transfer under sec. 3, act of June 18, 1929, to their former classified posi tions on Census Bureau permanent roll may be fixed initially, upon re- transfer, at any rate within their respective classified grades, not to exceed rate previously paid in un- classified positions. 21 Comp. Gen. 386, modified.....
Where permanent classified position, from which census employee was transferred under sec. 3, act of June 18, 1929, to temporary unclassified position during decennial census period, has been reallocated prior to
Page CLASSIFICATION-Continued. Transfers-Continued,
Initial salary rates-Continued. Temporary census employees retrans- ferred to permanent rolls-Con. retransfer pursuant to said section to former permanent position, em- ployee's salary rate may be fixed initially, upon retransfer, at any rate within the grade as reallocated, not to exceed rate previously paid in unclassified position.... Unclassified to classified positions: Salary rate of nonclassified temporary census employees restored by re- transfer under sec. 3, act of June 18, 1929, to their former classified posi- tions on Census Bureau permanent roll may be fixed initially, upon re- transfer, at any rate within their respective classified grades, not to exceed rate previously paid in un- classified positions. 21 Comp. Gen. 386, modified... Where permanent classified position, from which census employee was transferred under sec. 3, act of June 18, 1929, to temporary unclassified position during decennial census period, has been reallocated prior to retransfer pursuant to said section to former permanent position, em- ployee's salary rate may be fixed initially, upon retransfer, at any rate within the grade as reallocated, not to exceed rate previously paid in unclassified position.......
On discharge-desertion as effecting automatic extension of enlistment- provision in act, July 30, 1937, to effect that an enlistment in Coast Guard shall not be regarded as complete until en- listed man shall have served time lost on account of unauthorized absence, etc., does not operate to extend automatic- ally enlistment of a deserter who is not apprehended, or does not surrender, until after his enlistment has expired, so that such a deserter is not in the service after expiration of his enlistment and, hence, is not entitled to be furnished civilian clothing upon discharge there- after "under conditions otherwise than honorable".... Selectees, enlistees, etc.-shipment of clothing to home-if an appropriation is available for shipping home civilian clothing of selectees and certain other personnel at Govt. expense, procedure proposed approved whereby War Dept. will not issue Govt. bills of lading but will make shipments by prepaid ex- press,” provided, provision authorizing shipu rticles authorized to be of other arti-
CLOTHING-Continued. Civilian-Continued.
cles at expense of shipper be either elimi- nated or clarified to permit accurate verification of Govt.'s share of transpor- tation charges; and provided carrier support its bills with consignees' receipts for delivery...
See, also, Personal Furnishings. Army of the United States:
Advancement in pay period or rank beyond that for which uniform allow- ance is authorized-right of Army officer on active duty on Dec. 4, 1942, to uniform allowance authorized by act of that date for personnel of Army of U. S. on active duty on or after that date who were on active duty on Apr. 3, 1939, or were thereafter accepted for active duty, and who were entitled to pay of first, second or third period on Apr. 3, 1939, or on date of acceptance, is not affected by fact that after acceptance for active duty on Apr. 14, 1942, as a captain entitled to pay of third period, he became entitled to pay of fourth period and was subse- quently released and thereafter re- called to active duty while entitled to fourth period pay. Contract surgeons, entitlement in general-full time contract surgeons serving with Army of U. S. render services as civilian physicians and do not serve in any of the grades specified in act of Dec. 4, 1942, which authorizes payment of a uniform allowance to certain personnel in Army of U. S. or any component thereof on active duty in the grades specified therein, and, therefore, payment of said allowance to such contract surgeons is not authorized. Recommission:
Commission following commissioned service in prior World War-right of officer in Army of U. S. or in Officers' Reserve Corps to uniform and equipment allowance authorized by act, Mar. 9, 1942, is not affected, insofar as such right depends upon whether or not his commission is an original one, by commissioned serv- ice in World War (1917-1918) in any component of Army of U. S. except Regular Army. Commission in Army of U. S. following commission in component organiza- tion-A person commissioned sub- sequent to Sept. 26, 1941, in the Army of the U. S. after having pre- viously held a commission in the Officers' Reserve Corps or in the Regular Army is not entitled, upon being accepted for extended active duty, to uniform and equipment
Page CLOTHING-Continued. Uniforms-Continued.
Army of the United States-Contioned. Recommission-Continued.
allowance authorized by sec. 2, set, Mar. 9, 1942, for persons originally commissioned on or subsequent to Sept. 26, 1941, in Army of U. 8..... 201 Commission in Army of U. S. following commission in Marine Corpe-per- son commissioned in Army of U. 8. subsequent to Sept. 26, 1941, who previously had held a commission in Marine Corps Reserve is entitled, upon acceptance for extended active duty, to the uniform and equipment allowance authorized by sec. 2, act, Mar. 9, 1942, for persons originally commissioned on or subsequent to Sept. 26, 1941, in Army of United States.
Commission in Regular Army follow- ing commission in Officers' Reserve Corpe-A person accepted prior to Sept. 26, 1941, for extended active duty as an Officers' Reserve Corps officer but who, subsequent to Sept. 26, 1941, and prior to Mar. 9, 1942, accepted a commission in the Regu- lar Army is not serving under an original commission so as to entitle him to the uniform and equipment allowance authorized by sec. 2, act, Mar. 9, 1942, for officers originally commissioned subsequent to Sept. 26, 1941, in Army of U. S. or certain components thereof...
Coast Guard Reserve-reporting for duty prior to act prohibiting additional allow. ances-under act of July 11, 1941, amend- ing sec. 210, Coast Guard Auxiliary and Reserve Act of 1941, so as to authorize additional uniform allowance of $150 to be paid officers of Reserve "when they first report for active duty" in time of war or national emergency, officer of Reserve who already was on active duty on date of amendatory act-during na- tional emergency proclaimed on Sept. 8, 1939-is entitled to additional allow. ance the same as reservists thereafter reporting for duty... Gratuity under Naval Aviation Cadet Act as barring gratuity under Naval Reserve Act-an officer who was commissioned in Marine Corps Reserve pursuant to Naval Aviation Cadet Act of 1942 and who received the uniform gratuity of $150 authorized by section 11 of that act is not entitled to an additional uniform gratuity under last proviso of sec. 302, Naval Reserve Act of 1938, upon being assigned to active duty during war or national emergency..
Entitlement as if commissioned in Army of the United States-National Guard
CLOTHING-Continued. Uniforms-Continued.
National Guard—Continued.
officer who has served on active duty since Sept. 16, 1940, in his capacity as such an officer is not entitled to uni- form and equipment allowance au- thorized by sec. 2, act, Mar. 9, 1942, for persons originally commissioned on or subsequent to Sept. 26, 1941, in Army of U. S., and for Officers' Reserve Corps officers commissioned prior to Sept. 26, 1941.. Entitlement as if commissioned in Officers' Reserve Corps-National Guard officer who has served on active duty since Sept. 16, 1940, in his capac- ity as such an officer is not entitled to uniform and equipment allowance authorized by sec. 2, act, Mar. 9, 1942, for persons originally commissioned on or subsequent to Sept. 26, 1941, in Army of U. S., and for Officers' Re- serve Corps officers commissioned prior to Sept. 26, 1941.. General rule as to entitlement under acts of May 14, 1940, and Mar. 9, 1942-neither of uniform and equip- ment allowance acts of May 14, 1940, and Mar. 9, 1942, was made applicable to National Guard officers, except pos- sibly National Guard officers who may have been or may be, commis- sioned subsequent to Sept. 26, 1941, in Army of the United States. Officers' Reserve Corps: Effect of prior training periods: Multiple training periods in same
fiscal year-A period of active duty training of 3 months or less com- pleted by an Officers' Reserve Corps officer in same fiscal year he had completed a prior similar training period is not to be counted as one of the active duty training periods of 3 months or less a total of 3 of which completed in separate fiscal years` would preclude officer from receiv- ing uniform and equipment allow- ance authorized for such officers by sec. 2, act, Mar. 9, 1942, upon ac- ceptance for extended active duty.. Short periods with Civilian Conserva- tion Corps continued until becom- ing extended active duty-where Officers' Reserve Corps officer per- formed continuous active duty from June 13, 1934, to September 30, 1935, with Civilian Conservation Corps, although under separate orders for periods of 3 months or less, no period of such service is to be counted as an active duty training period of 3 months or less, a total of 3 of which completed in separate fiscal years would preclude officer from receiving uniform and equip-
Page | CLOTHING-Continued. Uniforms-Continued.
Officers' Reserve Corps-Continued. Effect of prior training periods-Con. ment allowance authorized for such officers by sec. 2, act, Mar. 9, 1942, upon acceptance for extended active duty...
Training period as member of Na- tional Guard-A period of active duty training of 3 months or less as as a member of the National Guard is not required to be counted by an Officers' Reserve Corps officer as one of the active duty training periods of 3 months or less a total of 3 of which completed in separate fiscal years would preclude the officer from receiving the uniform and equipment allowance authorized for such officers by sec. 2, act, Mar. 9, 1942, upon acceptance for extended active duty... Training period completed subsequent to uniform allowance act of May 14, 1940-an Officers' Reserve Corps officer who has completed, in sepa- rate fiscal years, 3 periods of active duty training of 3 months or less is precluded from receiving uniform and equipment allowance authorized for such an officer, upon acceptance for extended active duty, by sec. 2, act, Mar. 9, 1942, even though only two of such active duty training periods were completed prior to uniform and equipment allowance act of May 14, 1940.. Training period immediately followed by extended active duty-an active duty training period of 3 months or less completed by an Officers' Re- serve Corps officer, even though such period be immediately followed by extended active duty, is required to be counted as one of the active duty training periods of 3 months or less a total of 3 of which completed in separate fiscal years would pre- clude officer from receiving the uni- form and equipment allowance authorized for such officers by sec. 2, act, Mar. 9, 1942, upon acceptance for extended active duty..... Training periods for which allowance was payable but not paid-where otherwise proper, claims of Officers' Reserve Corps officers on extended active duty for $150 uniform and equipment allowance authorized by sec. 2, act, Mar. 9, 1942, may be al- lowed in full amount without-padnie tion of $50 for each of one active duty training per months or less in repowe years complet and equi
CLOTHING-Continued. Uniforms Continued.
Officers' Reserve Corps-Continued. Effect of prior training periods -Con. 14, 1940, for which no allowance was paid...... Training periods not completed be- cause of physical unfitness-A period of active duty training of 3 months or less which was com- menced by a member of Officers' Reserve Corps but not completed because of physical unfitness of the officer is not required to be counted as one of the active duty training periods of 3 months or less a total of 3 of which completed in separate fiscal years would preclude officer from receiving uniform and equip- ment allowance authorized for such officers by sec. 2, act, Mar. 9, 1942, upon acceptance for extended active duty......
Prior extended active duty:
Effect of such active duty commencing prior to uniform allowance act of May 14, 1940-right of an Officers' Reserve Corps officer on extended active duty to uniform and equip- ment allowance authorized by sec. 2, act, Mar. 9, 1942, is not affected by fact that such period of extended active duty commenced on July 16, 1939, that is, prior to uniform and equipment allowance act of May 14, 1940.....
Page | CLOTHING Coatinged. Uniforms Contioned.
Effect of such active duty from June 1, 1936, to May 31, 1937-right of Officers' Reserve Corps officer on extended active duty to uniform and equipment allowance authorized for such officers by sec. 2, act, Mar. 9, 1942, is not affected by fact that he performed one year of active duty from June 1, 1936, to May 31, 1937-- 201 Short periods with Civilian Con- servation Corps continued until becoming extended active duty— where Officers' Reserve Corps officer performed continuous active duty from June 13, 1934, to September 30, 1935, with Civilian Conservation Corps, although under separate orders for periods of 3 months or less, no period of such service is to be counted as an active duty training period of 3 months or less, a total of 3 of which completed in separate fiscal years would preclude officer from receiving uniform and equip- ment allowance authorized for such officers by sec. 2, act, Mar. 9, 1942, upon acceptance for extended active duty.
Commission following commissioned
service in prior World War-right
Officers' Reserve Corpe-Continued. Recommission-Continued.
of officer in Army of U. 8. or in Officers' Reserve Corps to uniform and equipment allowance authorised by act, Mar. 9, 1942, is not affected, insofar as such right depends upon whether or not his commission is an original one, by commissioned service in World War (1917-1918) in any component of Army of U. 8. except Reguler Army............--- Entitlement where subsequently com- missioned in Regular Army—A person accepted prior to Sept. 25, 1941, for extended active duty ps an Officers' Reserve Corps officer but who, subsequent to Sept. 26, 1941, and prior to Mar. 9, 1942, se- cepted a commission in the Regular Army is not entitled to the uniform and equipment allowance authorized by sec. 2, act, Mar. 9, 1942, for Officers' Reserve Corps officers commissioned prior to Sept. 26, 1941. 201 National Guard service intervening between commissions in Officers' Reserve Corps-membership of person in National Guard interven- ing between two separate com- missions in Officers' Reserve Corps does not affect his rights as Officers' Reserve Corps officer to uniform and equipment allowances author- ized for such officers by act, May 14, 1940, as amended, for active duty training periods "following their original appointment" mentioned therein, or to the uniform and equip- ment allowance authorized by sec. 2, act, Mar. 9, 1942, for such an officer who is accepted for extended active duty and who has not com- pleted his first 3 periods of active duty training of 3 months or less in separate fiscal years "following his original appointment”.
Status of uniform allowance for foreign exchange loss relief purposes-uniform and equipment allowance authorized for certain Army officers by act of Dec. 4, 1942-referred to as a "gratuity" in earlier statutes containing comparable provisions for other services-is within scope of term "net pay and allowances" as used in Exec. Order 7972, as amended, issued pursuant to exchange loss act of Mar. 26, 1934, in prescribing basis upon which foreign currency appreciation losses are payable to employees serving generally under the War Department, and, therefore, a currency appreciation loss is payable on said allowance for uniforms and equipment, if otherwise proper.----
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