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AGO 1957 No. 72 - May 28, 1957
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John J. O'Connell | 1957-1968 | Attorney General of Washington

MILITARY LEAVE OF PUBLIC EMPLOYEES ‑- SALARY

For the period of time prior to June 13, 1957, the compensation of an employee on military leave of absence must be computed under Chapter 113, Laws of 1939, and the amount of compensation for the period beginning June 13, 1957, under chapter 236, Laws of 1957.

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                                                                   May 28, 1957

Mr. Monte C. Smart
Disbursing Officer
State Board for Vocational Education
P.O. Box 250
Olympia, Washington                                                                                                                Cite as:  AGO 57-58 No. 72


Dear Sir:

            This letter is written in answer to your request for a legal opinion relating to the compensation to be paid an employee of the state who has been granted a military leave of absence.  Your question arises by reason of the enactment of chapter 236, Laws of 1957, which changes the method of computing such compensation.  We paraphrase your question as follows:

            In computing the amount of compensation due an employee of the state while on military leave must the disbursing officer compute the amount of compensation for the period prior to June 13, 1957, under chapter 113, Laws of 1939, and the amount of compensation due for the period beginning June 13, 1957, under chapter 236, Laws of 1957?

            We answer your question in the affirmative.

                                                                     ANALYSIS

            Section 1, chapter 113, Laws of 1939, provides for a military leave of  [[Orig. Op. Page 2]] absence and specifies that

            ". . . During the period of such military leave such officer or employee shall receive from the State of Washington . . . his normal pay, less the amount of the base by him received for the performance of such active training duty . . ."

            Section 1, chapter 236, Laws of 1957, amends the above statute to read, in pertinent part, as follows:

            ". . . During the period of military leave, the officer or employee shall receive from the state . . . his normal pay."

            Chapter 236, Laws of 1957, is not an emergency or appropriation measure and, unless a contrary intent is specifically indicated, it becomes effective on June 13, 1957, ninety days after the adjournment of the legislature.  DeGrief v. City of Seattle, 149 Wash. Dec. 36 [[49 Wn.2d 912 and 50 Wn.2d 1]], 43.  We find nothing in the act specifically indicating a legislative intent that the act be given retroactive effect.

            We conclude, therefore, that for the period of time prior to June 13, 1957, the compensation of an employee on military leave of absence must be computed under chapter 113, Laws of 1939, and the amount of compensation for the period beginning June 13, 1957, under chapter 236, Laws of 1957.

            We trust that this information will be of assistance to you.

Very truly yours,

JOHN J. O'CONNELL
Attorney General


ELVIN J. VANDEBERG
Assistant Attorney General

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