Plummer v. United States

Background

A man who served as an acting assistant surgeon at the naval station in Key West from July 1, 1903, to July 1, 1909, sued the United States to recover unpaid pay and allowances. He had been appointed twice for three-year terms. During his service Congress passed laws that raised the rank, pay, and allowances for assistant surgeons, but the Navy paid him at the older rate tied to the 1898 law. The Court of Claims denied his claim and he appealed.

Reasoning

The Court asked whether an acting assistant surgeon should be paid according to the assistant-surgeon rates in effect while the services were actually performed, and how to calculate additional longevity pay. The Court looked to the 1898 act, which gave acting assistant surgeons the relative rank and compensation of assistant surgeons, and to later statutes and administrative practice. It concluded those words meant pay and allowances in force when the services were rendered. For longevity pay, the Court held Congress intended the long-settled computation method (established by the 1882 act) to apply. The Court therefore found the acting assistant surgeon was entitled to the higher pay, commutation for quarters, and heat-and-light allowances that had been lawfully in effect during his service.

Real world impact

The Court reversed the lower court and directed judgment for the claimant in the amount of $4,213.86. The ruling means temporary Navy medical officers are entitled to pay increases and allowances that took effect while they served, and that longevity pay must be calculated by the established 1882 method. This creates a clear rule for similar pay claims by temporary naval officers.