B-148583, JUN. 20, 1962

B-148583, JUN. 20, 1962

TO THE SECRETARY OF COMMERCE:

ON APRIL 4, 1962, THE DEPUTY ASSISTANT SECRETARY FOR ADMINISTRATION REQUESTED OUR DECISION UPON CERTAIN QUESTIONS CONCERNING THE DATES THE EMPLOYEES INVOLVED THEREIN WOULD BE ELIGIBLE FOR A LONGEVITY STEP INCREASE UNDER THE APPLICABLE PROVISIONS OF PUBLIC LAW 87-93, APPROVED JULY 20, 1961, 75 STAT. 212, WHICH AMENDED SECTION 216 (A) OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 46 U.S.C. 1126.

THE QUESTIONS PRESENTED ARE STATED AS FOLLOWS:

"1.IS AN ADMINISTRATIVE ENROLLEE WHOSE POSITION ON JANUARY 1, 1962, WAS PLACED UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED, WHO SERVED SATISFACTORILY, WITHOUT BREAK IN SERVICE AND WITHOUT EXCESS LEAVE WITHOUT PAY, FOR THE REQUIRED 10 YEARS OF AGGREGATE SERVICE AS AN ADMINISTRATIVE ENROLLEE, AND WHOSE SALARY UPON CONVERSION IS SET AT THE MAXIMUM SCHEDULED STEP, OR LONGEVITY STEP 1 OR 2, OF THE GRADE OF HIS CLASSIFICATION ACT POSITION, ELIGIBLE BY AUTHORITY OF PUBLIC LAW 87-93 FOR A LONGEVITY STEP INCREASE ON JANUARY 7, 1962, WHICH IS THE BEGINNING OF THE FIRST PAY PERIOD AFTER CONVERSION?

"2. IF THE ANSWER TO QUESTION ONE IS IN THE NEGATIVE, WOULD THE REQUIREMENTS FOR A LONGEVITY STEP INCREASE BE MET IF THE PERSON HAD THREE CONTINUOUS YEARS OF SERVICE WITH TOTAL BASE PAY AND QUARTERS AND SUBSISTENCE ALLOWANCES UNDER PUBLIC LAW 351, 81ST CONGRESS, AS AMENDED, EQUAL TO OR HIGHER THAN THE MAXIMUM SCHEDULED RATE FOR THE CLASSIFICATION ACT GRADE TO WHICH HIS POSITION WAS CLASSIFIED ON JANUARY 1, 1962, AT THE TIME SUCH SERVICE WAS RENDERED?

"3. IF SERVICE AS AN ADMINISTRATIVE ENROLLEE MUST BE CONSIDERED UNDER THE REQUIREMENTS OF SECTION 703 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, AND PART 25 OF THE FEDERAL EMPLOYEE PAY REGULATIONS, WHICH ARE MORE SPECIFICALLY APPLICABLE TO SERVICE IN CLASSIFICATION ACT POSITIONS, DO INCREASES IN SUBSISTENCE OR QUARTERS ALLOWANCES, OR INCREASES BASED ON YEARS OF SERVICE, OR APPLICATION OF A NEW PAY SCALE UNDER THE CAREER COMPENSATION ACT, CONSTITUTE AN "INCREASE IN THE RATE OF BASIC COMPENSATION" THEREBY REQUIRING THE STARTING OF A NEW LONGEVITY PERIOD?

"4. IN JANUARY 1, 1962, SOME EMPLOYEES HAD THEIR SALARIES SET AT THE FIRST AND SECOND LONGEVITY RATE FOR THE GRADE TO WHICH THEIR POSITIONS WERE CLASSIFIED. PUBLIC LAW 87-93 PROVIDES FOR COUNTING SERVICE AS AN ADMINISTRATIVE ENROLLEE IMMEDIATELY PRIOR TO JANUARY 1, 1962 TOWARD ONE LONGEVITY STEP INCREASE. ARE WE CORRECT THAT A FORMER ADMINISTRATIVE ENROLLEE UPON MEETING THE THREE YEAR LONGEVITY PERIOD REQUIREMENT, PROVIDED OTHER REQUIREMENTS ARE ALSO MET, WOULD BE ELIGIBLE FOR THE NEXT HIGHER LONGEVITY STEP, WITHOUT REGARD TO SECTION 703 (C) OF THE CLASSIFICATION ACT OF 1949, AS AMENDED?

SECTION 216 (F) OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED BY THE ACT OF JULY 20, 1961, PUBLIC LAW 87-93, READS, IN PERTINENT PART, AS FOLLOW:

"/F) ON SUCH DATE AS MAY BE FIXED BY THE CIVIL SERVICE COMMISSION WITH THE APPROVAL OF THE SECRETARY OF COMMERCE, NOT LATER THAN ONE YEAR FROM THE DATE OF ENACTMENT OF THIS SUBSECTION, PERSONS THEN SERVING AS ADMINISTRATIVE ENROLLEES SHALL BE BROUGHT INTO THE COMPETITIVE CIVIL SERVICE OR EXCEPTED CIVIL SERVICE IN ACCORDANCE WITH THE CIVIL SERVICE ACT AND RULES, AND SHALL THEREAFTER BE COMPENSATED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1949, AS AMENDED, EXCEPT AS OTHERWISE AUTHORIZED BY SUBSECTION (3) OF THIS SECTION OR OTHER PROVISIONS OF LAW, AND SHALL BE SUBJECT TO OTHER LAWS OF GENERAL APPLICABILITY TO CIVILIAN EMPLOYEES OF THE UNITED STATES, SUBJECT TO THE FOLLOWING EXCEPTIONS AND CONDITIONS, NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW:

"/1) THE RATE OF BASIC COMPENSATION OF ANY PERSON SERVING AS ADMINISTRATIVE ENROLLEE ON THE DATE IMMEDIATELY PRECEDING THE DATE SPECIFIED IN THE FIRST SENTENCE OF THIS SUBSECTION (F) SHALL UPON CONVERSION PROVIDED FOR IN THIS SUBSECTION BE FIXED AT A RATE WHICH IS NOT LESS THAN THE COMBINED BASIC PAY AND QUARTERS AND SUBSISTENCE ALLOWANCES RECEIVED IMMEDIATELY PRECEDING CONVERSION, OR THE VALUE OF SUCH ALLOWANCES WHEN FURNISHED THE PERSON IN KIND AT THE RATE AND IN THE AMOUNTS THERETOFORE AUTHORIZED BY REGULATION FOR SUCH ALLOWANCES. IN THE CASE OF ANY SUCH PERSON WHOSE COMBINED BASIC PAY AND QUARTERS AND SUBSISTENCE ALLOWANCES, OR VALUE THEREOF WHEN FURNISHED IN KIND, EXCEEDS THE ENTRANCE RATE OF THE GRADE OR LEVEL IN WHICH HIS POSITION IS PLACED, THE BASIC COMPENSATION OF SUCH PERSON SHALL BE FIXED AT THAT STOP IN THE GRADE OR LEVEL WHICH IS EQUAL TO, OR IF NONE BE EQUAL, WHICH REPRESENTS THE NEXT HIGHER REGULAR OR LONGEVITY STEP OR LEVEL OVER THE PERSON'S COMBINED PAY AND ALLOWANCES, AS SPECIFIED ABOVE, RECEIVED IMMEDIATELY PRECEDING THE DATE OF CONVERSION. IN ANY CASE IN WHICH NO SUCH RATE EXISTS IN THE GRADE OF HIS POSITION, HIS RATE OF BASIC COMPENSATION SHALL BE FIXED AT THE NEXT REGULAR SALARY RATE WHICH IS NOT LESS THAN HIS COMBINED BASIC PAY AND QUARTERS AND SUBSISTENCE ALLOWANCES, OR VALUE THEREOF WHEN FURNISHED IN KIND. FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR STEP INCREASES FOLLOWING CONVERSION, THE BASIC COMPENSATION AS AN ADMINISTRATIVE ENROLLEE PRIOR TO CONVERSION SHALL BE CONSIDERED AS THE TOTAL AMOUNT OF VALUE OF BASIC PAY, SUBSISTENCE AND QUARTERS ALLOWANCES. ANY ADJUSTMENT IN COMPENSATION REQUIRED BY THIS SUBSECTION SHALL NOT BE CONSIDERED TO BE AN EQUIVALENT INCREASE IN COMPENSATION FOR THE PURPOSE OF A PERIODIC STEP INCREASE, NOR AN INCREASE IN GRADE OR RATE OF BASIC COMPENSATION FOR THE PURPOSE OF A LONGEVITY STEP INCREASE.

"/2) THE RATE OF BASIC COMPENSATION AUTHORIZED BY THIS PARAGRAPH SHALL CONTINUE UNTIL THE PERSON IS SEPARATED FROM HIS POSITION OR RECEIVES A HIGHER RATE OF BASIC COMPENSATION BY OPERATION OF LAW OR REGULATION.

"/4) ACTIVE SERVICE OF ANY ADMINISTRATIVE ENROLLEE PERFORMED PRIOR TO THE DATE SPECIFIED IN THE FIRST SENTENCE OF THIS SUBSECTION (F) SHALL BE CONSIDERED CREDITABLE AS CIVILIAN EMPLOYMENT IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT FOR ALL PURPOSES, EXCEPT THAT IN COMPUTING LENGTH OF SERVICE FOR THE PURPOSE OF TITLE VII OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, CONTINUOUS SERVICE IMMEDIATELY PRECEDING THE DATE ESTABLISHED UNDER THE FIRST SENTENCE OF THIS SUBSECTION (F) SHALL BE COUNTED EITHER (1) TOWARD ONE STEP INCREASE UNDER SECTION 701, OR (2) TOWARD ONE LONGEVITY STEP INCREASE UNDER SECTION 703, AS THE CASE MAY BE.'

REPORT NO. 542, HOUSE OF REPRESENTATIVES, 87TH CONGRESS, 1ST SESSION, PAGES 10 AND 11, SECTIONAL ANALYSIS OF S. 576 WHICH BECAME PUBLIC LAW 87- 93, CONTAINS THE FOLLOWING STATEMENT:

"SECTION 216 (F) (4): THIS PARAGRAPH MAKES SPECIFIC PROVISIONS TO RECOGNIZE ACTIVE SERVICE AS ADMINISTRATIVE ENROLLEE PERFORMED PRIOR TO THE DATE FIXED FOR CONVERSION AS CIVILIAN EMPLOYMENT CREDITABLE FOR ALL PURPOSES IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT, WITH THE EXCEPTION THAT IN COMPUTING LENGTH OF SERVICE AS USED UNDER THE CLASSIFICATION ACT FOR THE DETERMINATION OF ONE PERIODIC STEP INCREASE OR ONE LONGEVITY STEP INCREASE, ALL SUCH PRIOR SERVICE SHALL BE COUNTED TOWARD THE ATTAINMENT OF SAME WHICH OCCURRED IMMEDIATELY PRECEDING THE DATE FIXED FOR CONVERSION, AS PROVIDED IN SUBSECTION (F). THUS, FOR SUCH BASIC PURPOSES AS RETIREMENT, LEAVE ACCRUALS, SENIORITY, LENGTH OF-SERVICE AWARDS, ETC., ALL PREVIOUS ACTIVE SERVICE AS AN ADMINISTRATIVE ENROLLEE WOULD BE CREDITABLE AS CIVILIAN EMPLOYMENT IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT FOR EVERY PURPOSE, EXCEPT THAT IN COMPUTATION OF LENGTH OF SERVICE FOR SALARY STEP INCREASES OR LONGEVITY STEP INCREASES ONLY SUCH SERVICE AS WAS CONTINUOUS AND UNINTERRUPTED IMMEDIATELY PRIOR TO THE DATE FIXED FOR CONVERSION WOULD BE CREDITABLE IN THE DETERMINATION OF SAID STEP INCREASES. UNDER THESE CIRCUMSTANCES, AN EMPLOYEE'S SALARY THUS ESTABLISHED WHICH IS LESS THAN THE MAXIMUM SCHEDULED RATE OF THE GRADE WOULD BE IMMEDIATELY CONSIDERED AGAINST THE REQUIREMENTS FOR ONE PERIODIC STEP INCREASE; AND AS PROVIDED IN SUBSECTION (F) (1), FOR PURPOSE OF DETERMINING ELIGIBILITY FOR A PERIODIC STEP INCREASE, THE BASIC COMPENSATION AS AN ADMINISTRATIVE ENROLLEE WOULD BE CONSIDERED AS THE TOTAL AMOUNT OR VALUE OF BASIC PAY, SUBSISTENCE AND QUARTERS ALLOWANCES. SUCH PRIOR SERVICE AND BASIC COMPENSATION WOULD ALSO BE CONSIDERED IN DETERMINING ELIGIBILITY TOWARD THE 10-YEAR AGGREGATE PERIOD AND 3-YEAR WAITING PERIODS FOR ONE LONGEVITY STEP INCREASE.'

THE EMPLOYEES INVOLVED IN THE QUESTIONS PRESENTED WERE, ON JANUARY 1, 1962, CONVERTED TO POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1071, ET SEQ., AT THE MAXIMUM SCHEDULED RATE OF THE GRADE, OR AT THE FIRST OR SECOND LONGEVITY RATE. HOWEVER, IN APPLYING THE PROVISIONS OF SECTION 216 (F) (4) CONCERNING PAST CONTINUOUS SERVICE FOR ONE LONGEVITY STEP INCREASE THERE ARE FOR CONSIDERATION THE PROVISIONS OF TITLE VII, SECTION 703 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1123, IN PERTINENT PART, AS FOLLOWS:

"SEC. 703. (A) SUBJECT TO SUBSECTION (B) AND AS A REWARD FOR LONG AND FAITHFUL SERVICE, EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH INCREASE AS MAY BE PRESCRIBED BY AN PROVISION OF LAW OF GENERAL APPLICATION. OFFICERS AND EMPLOYEES WHO ARE OTHERWISE ELIGIBLE SHALL RECEIVE FULL CREDIT UNDER THIS SUBSECTION FOR SERVICE AT THE MAXIMUM AUTHORIZED SALARY RATE SPECIFIED IN THE BACHARACH ACT OF MAY 29, 1928, AS AMENDED AND SUPPLEMENTED, AND THE REED-JENKINS ACT OF MAY 29, 1928, AS AMENDED TO THE SAME EXTENT AS IF SUCH SERVICE HAD BEEN AT THE MAXIMUM RATE OF A GRADE OF THE CLASSIFICATION ACT OF 1923, AS AMENDED.

"/B) (1) NO OFFICER OR EMPLOYEE SHALL BE ENTITLED TO A LONGEVITY STEP- INCREASE WHILE HOLDING A POSITION IN ANY GRADE ABOVE GRADE 15 OF THE GENERAL SCHEDULE.

"/6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD, IN THE AGGREGATE, NOT LESS THAN TEN YEARS OF SERVICE IN THE POSITION WHICH HE THEN OCCUPIES, OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE.

"/C) WHEN AN OFFICER OR EMPLOYEE, RECEIVING BASIC COMPENSATION AT A RATE IN EXCESS OF THE MAXIMUM SCHEDULED RATE FOR HIS GRADE UNDER SECTION 604, SECTION 1105 (B), OR ANY OTHER PROVISION OF LAW, IS ELIGIBLE FOR HIS FIRST LONGEVITY STEP-INCREASE BEYOND THE MAXIMUM RATE OF SUCH GRADE HE SHALL---

"/1) RECEIVE TOTAL BASIC COMPENSATION WHICH IS EQUAL TO THE BASIC COMPENSATION AT THE MAXIMUM SCHEDULED RATE FOR HIS GRADE PLUS SUCH FIRST LONGEVITY STEP-INCREASE, OR

"/2) CONTINUE TO RECEIVE COMPENSATION AT SUCH RATE IN EXCESS OF THE MAXIMUM SCHEDULED RATE FOR HIS GRADE, IF THE COMPENSATION AT SUCH RATE IS HIGHER THAN THE TOTAL BASIC COMPENSATION SPECIFIED IN PARAGRAPH (1).

IN CASE ANY SUCH OFFICER OR EMPLOYEE RECEIVING COMPENSATION UNDER PARAGRAPH (2) IS ELIGIBLE FOR A SUBSEQUENT SUCCESSIVE LONGEVITY STEP INCREASE, HE SHALL---

"/A) RECEIVE THE SAME TOTAL BASIC COMPENSATION WHICH HE WOULD BE ENTITLED TO RECEIVE AFTER SUCH SUBSEQUENT LONGEVITY STEP-INCREASE, IF HIS TOTAL BASIC COMPENSATION HAD, AT THE TIME HE WAS ELIGIBLE FOR HIS FIRST LONGEVITY STEP-INCREASE, BEEN DETERMINED UNDER PARAGRAPH (1), OR

"/B) CONTINUE TO RECEIVE COMPENSATION UNDER PARAGRAPH (2) IF SUCH COMPENSATION IS HIGHER THAN THE TOTAL BASIC COMPENSATION SPECIFIED IN PARAGRAPH (A).'

WHILE IT IS CLEAR FROM SECTION 216 (F) (4) AND THE EXPLANATION THEREOF CONTAINED IN THE ABOVE HOUSE REPORT THAT THE THREE-YEAR CONTINUOUS SERVICE AND THE 10-YEAR AGGREGATE SERVICE REQUIREMENTS ARE TO BE MET IN DETERMINING THE CREDITABLE SERVICE OF ADMINISTRATIVE ENROLLEES TOWARDS ONE LONGEVITY STEP INCREASE, THERE IS NO MENTION MADE EITHER IN THE STATUTE OR THE LEGISLATIVE HISTORY THEREOF AS TO THE OTHER CONDITIONS OF SECTION 703 OF THE CLASSIFICATION ACT OF 1949, WHICH SPECIFY THAT THE THREE YEARS CONTINUOUS SERVICE MUST BE WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION, AND THAT THE 10-YEAR AGGREGATE PERIOD OF SERVICE MUST BE IN THE POSITION HE THEN OCCUPIES OR ONE OF EQUIVALENT OR HIGHER CLASS OR GRADE.

ADMINISTRATIVE ENROLLEES PRIOR TO THEIR CONVERSION TO POSITIONS UNDER THE CLASSIFICATION ACT WERE ASSIGNED TO RANK, RATINGS, AND GRADES, AND RECEIVED THE PAY AND ALLOWANCES PRESCRIBED FOR PERSONNEL OF THE COAST GUARD UNDER THE CAREER COMPENSATION ACT OF 1949, AS AMENDED. UNDER THE LATTER ACT IT APPEARS THAT THE FORMER ENROLLEES RECEIVED AUTOMATIC INCREASES IN BASIC PAY EVERY TWO YEARS WITHIN THEIR PARTICULAR RATINGS AS WELL AS INCREASES WHEN PROMOTED TO HIGHER RATINGS. ALSO, INCREASES AND DECREASES OCCURRED IN THE AMOUNT OF ALLOWANCES RECEIVED FOR SUBSISTENCE AND QUARTERS, BECAUSE OF VARIOUS FACTORS SUCH AS TYPE OF MESSING FACILITIES AVAILABLE, CHANGES IN RATING, AND CHANGES IN NUMBER OF DEPENDENTS. SOME OF THE PROMOTIONS TO HIGHER RATINGS APPARENTLY OCCURRED AFTER PRIOR DISRATINGS POSSIBLY FOR DISCIPLINARY REASONS. SINCE SECTION 216 (F) (1) OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED BY PUBLIC LAW 87-93, STATES THAT FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR STEP INCREASES THE BASIC COMPENSATION OF AN ADMINISTRATIVE ENROLLEE PRIOR TO HIS CONVERSION SHALL BE THE TOTAL OF HIS BASIC PAY, SUBSISTENCE, AND QUARTERS ALLOWANCE, IT IS EVIDENT THAT INCREASES IN THE ALLOWANCES FOR QUARTERS AND SUBSISTENCE AS WELL AS INCREASES IN BASIC PAY WOULD NECESSARILY BE FOR REGARDING AS INCREASES IN COMPENSATION WITHIN THE MEANING OF THE REQUIREMENT IN SECTION 730 OF THE CLASSIFICATION ACT FOR THREE YEARS OF CONTINUOUS SERVICE IF SUCH SECTION OF THE CLASSIFICATION ACT BE DEEMED APPLICABLE IN ALL RESPECTS. MOREOVER, ANY CHANGES IN RATING MIGHT BE REGARDED AS BREAKING THE 10-YEAR AGGREGATE REQUIRED PERIOD OF SERVICE IN THE SAME POSITION OR ONE OF EQUIVALENT OR HIGHER CLASS OR GRADE.

WE NOTE THAT NONE OF THE FORMER ENROLLEES WOULD BE ENTITLED TO FULL CREDIT TOWARDS THE 3 YEARS OF CONTINUOUS SERVICE IF THE AUTOMATIC INCREASES IN BASIC PAY OR THE INCREASES IN QUARTERS OR SUBSISTENCE ALLOWANCES BE REGARDED AS INCREASES IN COMPENSATION WITHIN THE MEANING OF SECTION 703 OF THE CLASSIFICATION ACT SINCE ALL OF SUCH ENROLLEES RECEIVED BASIC PAY INCREASES WITHIN TWO YEARS OF THEIR CONVERSION DATE AND MANY RECEIVED INCREASES IN THE ALLOWANCES FOR SUBSISTENCE AND QUARTERS. ALSO, INCREASES IN QUARTERS AND SUBSISTENCE ALLOWANCES WOULD FURTHER EXTEND THE WAITING PERIODS FOR LONGEVITY INCREASES AND AN INCREASE IN RATING MIGHT RESULT IN AN EMPLOYEE'S HAVING TO SERVE 10 YEARS FROM THE DATE OF THE NEW RATING BEFORE SATISFYING THE 10-YEAR AGGREGATE SERVICE REQUIREMENT.

IN VIEW OF ALL THE CIRCUMSTANCES WE DO NOT BELIEVE THE CONGRESS INTENDED THAT THE FOREGOING INCREASES IN BASIC PAY, INCREASES IN RATINGS, OR INCREASES IN ALLOWANCES FOR QUARTERS AND SUBSISTENCE, TO THE FORMER ADMINISTRATIVE ENROLLEES WERE TO BE REGARDED AS INCREASES WITHIN THE MEANING OF SECTION 703 OF THE CLASSIFICATION ACT OF 1949. TO HOLD OTHERWISE WOULD RENDER MEANINGLESS THE PROVISIONS OF SECTION 216 (F) (4) OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED BY PUBLIC LAW 87-93, RESTRICTING THE COUNTING OF CONTINUOUS SERVICE OF THE FORMER ENROLLEES TOWARD ONLY ONE LONGEVITY INCREASE. IN ACCORDANCE WITH THAT CONCLUSION IT FOLLOWS THAT QUESTION 1 IS FOR ANSWERING IN THE AFFIRMATIVE WHICH RENDERS UNNECESSARY ANY ANSWERS TO QUESTION 2. QUESTION IS ANSWERED IN THE NEGATIVE. AS TO QUESTION 4 WE AGREE THAT SECTION 703 (C) OF THE CLASSIFICATION ACT WOULD NOT BE APPLICABLE AND THAT A FORMER ADMINISTRATIVE ENROLLEE AFTER HIS BEING CONVERTED TO A LONGEVITY STEP IN A PARTICULAR GRADE AND RECEIVING CREDIT FOR PRIOR SERVICE TOWARD ONE LONGEVITY INCREASE WOULD BE ENTITLED TO THE NEXT LONGEVITY INCREASE (IF ANY) AFTER COMPLETION OF THREE CONTINUOUS YEARS OF ADDITIONAL SERVICE ASSUMING HE MEETS THE OTHER REQUIREMENTS OF SECTION 703 OF THE CLASSIFICATION ACT.