B-113131, MAY 14, 1953, 32 COMP. GEN. 520

B-113131, MAY 14, 1953, 32 COMP. GEN. 520

COMPENSATION - RATES - POSITION REALLOCATION - SAVED COMPENSATION EMPLOYEES WHOSE POSITIONS, AFTER THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF 1949, WERE ADMINISTRATIVELY REALLOCATED UPWARD ONE GRADE WITHOUT ANY CHANGE IN THE DUTIES OR RESPONSIBILITIES OF THE POSITIONS, ARE NOT ENTITLED UNDER THE FEDERAL EMPLOYEES PAY REGULATIONS, UPON A SUBSEQUENT THREE GRADE DOWNWARD REALLOCATION OF THE POSITIONS BY THE CIVIL SERVICE COMMISSION, TO HAVE THE SALARY RECEIVED AS THE RESULT OF THE ADMINISTRATIVE REALLOCATION SAVED, HOWEVER THEY MAY RECEIVE THE RATE OF COMPENSATION WHICH THEY WOULD HAVE RECEIVED ON THE DATE OF THE ACTION BY THE COMMISSION, HAD NO UPWARD REALLOCATION INTERVENED, PLUS ANY WITHIN GRADE INCREASES EARNED IN THE MEANTIME.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES TARIFF COMMISSION, MAY 14, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1953, REQUESTING A DECISION WITH RESPECT TO THE APPLICATION OF SECTION 25.103 (E) OF THE FEDERAL EMPLOYEES PAY REGULATIONS, ISSUED BY THE CIVIL SERVICE COMMISSION, TO FOUR EMPLOYEES OF YOUR COMMISSION, IN ADDITION TO MR. VINCENT A. FLYNN, WHOSE CASE WAS THE SUBJECT OF DECISION JANUARY 9, 1953, B-113131, 32 COMP. GEN. 317. THE RESPECTIVE EMPLOYEES AND THEIR SALARIES, UNDER THE INITIAL ADJUSTMENT IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, THE SUBSEQUENT ADMINISTRATIVE PROMOTIONS, AND REDUCTIONS BY ORDER OF THE CIVIL SERVICE COMMISSION ARE AS FOLLOWS:

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SECTION 25.103 (E) OF THE FEDERAL PERSONNEL MANUAL PROVIDES AS FOLLOWS:

EMPLOYEES WHO ON THE EFFECTIVE DATE OF TITLE VI OF THE CLASSIFICATION ACT OF 1949 OCCUPIED POSITIONS (1) WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, (2) WHICH WERE INITIALLY ALLOCATED TO ANY OF THE GRADES OF THE CLASSIFICATION ACT OF 1949 IN THE MANNER PRESCRIBED THEREIN, (3) WHICH THEREAFTER ARE REDUCED BELOW SUCH GRADE, MAY CONTINUE TO RECEIVE THE SAME RATES OF BASIC COMPENSATION WHICH THEY RECEIVED ON THE EFFECTIVE DATE OF THE ACTION TAKEN TO REDUCE THE GRADE OF SUCH POSITION, SO LONG AS THEY REMAIN IN THE SAME POSITIONS WHICH THEY OCCUPIED ON THE EFFECTIVE DATE OF TITLE VI.

IT APPEARS FROM INFORMAL ADVICE OBTAINED FROM YOUR OFFICE THAT THE GRADE PROMOTION STATED IN YOUR LETTER AS HAVING BEEN GIVEN TO SOME OF THE EMPLOYEES WITHOUT ANY CHANGE WHATSOEVER IN THE DUTIES OR RESPONSIBILITIES OF THEIR POSITIONS ACTUALLY WERE BASED UPON ADMINISTRATIVE REALLOCATION OF THE POSITIONS. ACCORDINGLY, IT MAY BE CONCLUDED THAT THESE EMPLOYEES, UPON REALLOCATION OF THEIR POSITIONS DOWNWARD BY THE CIVIL SERVICE COMMISSION, CONTINUED TO OCCUPY THE SAME POSITIONS HELD BY THEM ON THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF 1949, AND, WITHIN ADMINISTRATIVE DISCRETION, MAY CONTINUE TO RECEIVE THE SAME RATES OF BASIC COMPENSATION WHICH THEY WOULD HAVE BEEN IN RECEIPT OF ON THE DATE OF THE ACTION OF THE CIVIL SERVICE COMMISSION, HAD NO UPWARD REALLOCATION INTERVENED, PLUS ANY WITHIN-GRADE SALARY INCREASES EARNED IN THE MEANTIME. THAT IS TO SAY, THE CIVIL SERVICE REGULATION 25.103 (E) DID NOT CONTEMPLATE A CASE IN WHICH THE CLASSIFICATION GRADE GIVEN THE EMPLOYEES INITIALLY UNDER THE CLASSIFICATION ACT OF 1949, WAS THEREAFTER UPGRADED BY ADMINISTRATIVE ACTION. THEREFORE, IN APPLYING THAT REGULATION SUCH ADMINISTRATIVE REALLOCATION UPWARD IS FOR DISREGARDING AND THE SAVED SALARY DETERMINED AS THOUGH THE GRADE CLASSIFICATION HAD CONTINUED TO BE THAT INITIALLY FIXED UNDER THE 1949 CLASSIFICATION ACT. THE SALARY RATES OF THE EMPLOYEES WHO RECEIVED PROMOTIONS PRIOR TO THE ACTION OF THE CIVIL SERVICE COMMISSION SHOULD BE ADJUSTED ACCORDINGLY.