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B-148583, APR. 25, 1963

B-148583 Apr 25, 1963
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YOUR POSITION WAS ADMINISTRATIVELY PLACED IN GRADE GS-5 AND YOUR COMPENSATION SET AT THE MAXIMUM SCHEDULED RATE (STEP 7) OF THAT GRADE. YOU WERE GRANTED FOR YOUR ACTIVE SERVICE AS AN ADMINISTRATIVE ENROLLEE ONE LONGEVITY STEP-INCREASE PURSUANT TO THE SPECIFIC PROVISIONS OF PARAGRAPH 4. INASMUCH AS LONGEVITY STEP INCREASES WERE REPEALED BY THAT ACT. IN THE GRADE OF THE GENERAL SCHEDULE IN WHICH THEIR RESPECTIVE POSITIONS WERE PLACED ON SUCH DAY. THAT DATE FOR MOST EMPLOYEES WAS OCTOBER 14. SINCE THE DATE OF ENACTMENT WAS OCTOBER 11. SINCE THE CREDITABLE SERVICE WITH WHICH YOU ARE CONCERNED WAS SERVED PRIOR TO YOUR ENROLLMENT IN THE MARITIME SERVICE. WE DIRECT YOUR ATTENTION TO THE FACT THAT CREDIT FOR SERVICE OTHERWISE CREDITABLE WAS RESTRICTED TO NOT IN EXCESS OF ONE STEP-INCREASE.

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B-148583, APR. 25, 1963

TO MR. ANDREW P. RASMUSSEN:

YOUR LETTER OF FEBRUARY 13, 1963, REQUESTS THAT WE RECONSIDER OUR DECISIONS TO YOU OF FEBRUARY 11, 1963, CONCERNING YOUR CLAIM FOR INCREASED COMPENSATION UPON THE CONVERSION OF YOUR POSITION AS A MARITIME ADMINISTRATIVE ENROLLEE TO A POSITION UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED, PURSUANT TO THE PROVISIONS OF PUB.L. 87-93,APPROVED JULY 20, 1961, 75 STAT. 212, AMENDING SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 46 U.S.C. 1126.

AS INDICATED IN OUR PRIOR DECISION, YOUR POSITION WAS ADMINISTRATIVELY PLACED IN GRADE GS-5 AND YOUR COMPENSATION SET AT THE MAXIMUM SCHEDULED RATE (STEP 7) OF THAT GRADE, $5,335 PER ANNUM, BASED UPON YOUR SALARY, INCLUDING ALLOWANCES, AS A CHIEF YEOMAN, $5,226.70 PER ANNUM. ADDITIONALLY THEREUNDER, YOU WERE GRANTED FOR YOUR ACTIVE SERVICE AS AN ADMINISTRATIVE ENROLLEE ONE LONGEVITY STEP-INCREASE PURSUANT TO THE SPECIFIC PROVISIONS OF PARAGRAPH 4, SECTION 216 (F) OF PUB.L. 87-93, 75 STAT. 213.

YOU NOW ASK, IN VIEW OF THE ENACTMENT OF THE FEDERAL SALARY REFORM ACT OF 1962, 76 STAT. 841, WHY YOUR SERVICE IN GRADE GS-5, WHICH TIME YOU SERVED BEFORE YOUR ENROLLMENT IN THE MARITIME SERVICE ON SEPTEMBER 19, 1944, CANNOT BE CREDITED TO YOU UNDER THE FOREGOING ACT SO AS TO PLACE YOU IN STEP 10 OF GRADE GS-5, INASMUCH AS LONGEVITY STEP INCREASES WERE REPEALED BY THAT ACT.

SECTION 602 (B) (10) OF THE FEDERAL SALARY REFORM ACT OF 1962, 76 STAT. 845, READS AS FOLLOWS:

"/10) SERVICE OF OFFICERS AND EMPLOYEES PERFORMED IMMEDIATELY PRECEDING THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT, IN THE GRADE OF THE GENERAL SCHEDULE IN WHICH THEIR RESPECTIVE POSITIONS WERE PLACED ON SUCH DAY, SHALL BE COUNTED TOWARD NOT TO EXCEED ONE STEP INCREASE UNDER THE TIME IN GRADE PROVISIONS OF SUBSECTION (A) OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949 AS AMENDED BY THIS ACT.'

THE LANGUAGE THEREOF REQUIRES THAT THE CREDITABLE "SERVICE OF OFFICERS AND EMPLOYEES" MUST BE PERFORMED "IMMEDIATELY PRECEDING THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR AFTER THE DATE OF ENACTMENT" OF THAT ACT. THAT DATE FOR MOST EMPLOYEES WAS OCTOBER 14, 1962, SINCE THE DATE OF ENACTMENT WAS OCTOBER 11, 1962. SINCE THE CREDITABLE SERVICE WITH WHICH YOU ARE CONCERNED WAS SERVED PRIOR TO YOUR ENROLLMENT IN THE MARITIME SERVICE, I.E., SEPTEMBER 19, 1944, NO BASIS EXISTS UNDER PARAGRAPH (10), QUOTED ABOVE, FOR CREDITING SUCH SERVICE. MOREOVER, WE DIRECT YOUR ATTENTION TO THE FACT THAT CREDIT FOR SERVICE OTHERWISE CREDITABLE WAS RESTRICTED TO NOT IN EXCESS OF ONE STEP-INCREASE.

WE HAVE AGAIN REVIEWED THE MATTER BUT WE CAN FIND NO BASIS FOR ALTERING THE CONCLUSION IN OUR DECISION TO YOU OF FEBRUARY 11, 1963, NAMELY, THAT THE SALARY RATE ESTABLISHED FOR YOUR POSITION WAS CORRECT. AS POINTED OUT THEREIN, YOU WERE NOT ENTITLED TO CREDIT IN GRADE GS-5 FOR SERVICE AS A MARITIME ENROLLEE BECAUSE YOU DID NOT RETURN TO YOUR GS-5 POSITION WITH THE FEDERAL WORKS AGENCY, PUBLIC BUILDINGS ADMINISTRATION. WE NOTE THAT WHEN YOU LEFT THE FEDERAL WORKS AGENCY IN SEPTEMBER 1944, YOU WERE IN STEP 5 OF GRADE CAF-5 (NOW GS-5). THEREFORE, YOU HAD RECEIVED CREDIT FOR ALL PRIOR SERVICE TO WHICH ENTITLED AT THAT TIME. EVEN IF YOU HAD STAYED IN THE POSITION IN GRADE CAF-5 IN THE FEDERAL WORKS AGENCY YOU WOULD ONLY HAVE BEEN ENTITLED TO CREDIT FOR SERVICE IN ..END :

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