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Rh. 8. That if at the time the disability begins the employee has annual or sick leave to his credit he may, subject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual or sick leave has ceased.

In question three the employee would not be entitled to either annual or sick leave with pay for any period he is in receipt of, or entitled to, compensation under the employees' compensation act. But if not entitled to compensation under said act at the close of the fiscal year preceding the fiscal year in question, then, under section 8 of said act the employee, subject to the approval of the Postmaster General, could be paid from July 1 for all accrued sick leave cumulated and unused during the period of three years as provided in the act of June 19, 1922, including that fiscal year, 3 Comp. Gen. 20, and the 15 days' annual leave due him for that fiscal year. In such a case payments of disability compensation would begin four days subsequent to the expiration of such sick and annual leave. The law does not contemplate or authorize discontinuance of payment of disability compensation at beginning of fiscal year in order that payment may be made for leave of absence. Leave of absence, sick or annual, with pay, may be granted at the beginning only of a period of absence on account of a disability for which payment of disability compensation is authorized.

The additional amount paid to the Chief Clerk, Army War College, in accordance with the acts of June 30, 1922, 42 Stat. 718, and March 2, 1923, 42 Stat. 1380, for superintendence of the Army War College Building, is an increase in the basic salary for the enlarged position of chief clerk and superintendent, and is subject to the 242 per cent retirement deduction.

Decision by Comptroller General McCarl, July 2, 1924:

In connection with the settlement of the accounts of Capt. Carl Halla, Finance Department, United States Army, there is for consideration the question whether the $25 per month paid to the Chief Clerk of the Army War College for superintendence of the building is subject to the 2½ per cent retirement fund deduction.

The appropriation for the Army War College, 1923, act of June 30, 1922, 42 Stat. 718, provides "for pay of the following: Chief clerk, $ 2,000." It also provides "$ 25 per month additional to regular compensation to chief clerk for superintendence of the Army War College Building." See also 1924 appropriation, act of March 2, 1923, 42 Stat. 1380. The provision does not appear in the appropriation act for the fiscal year 1925. See act of June 7, 1924, 43 Stat. 480.