B-141074, NOV. 23, 1959

B-141074, NOV. 23, 1959

TO MR. WILLIAM B. MASON:

YOUR LETTER OF OCTOBER 7, 1959, CLAIMING AN ADJUSTMENT OF SALARY AS AN EMPLOYEE OF THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, POINTS OUT THAT YOU WERE GIVEN A PERIODIC STEP-INCREASE IN GRADE GS-10 FROM $5,250 TO $5,375 PER ANNUM EFFECTIVE MARCH 5, 1950; THAT ON MARCH 20, 1950, TWO PERSONNEL ACTIONS WERE TAKEN ONE CANCELING THE PERIODIC STEP INCREASE PREVIOUSLY GRANTED, THE OTHER PROMOTING YOU FROM GRADE GS-10, $5,250, TO GRADE GS-11, $5,400 PER ANNUM, EFFECTIVE RETROACTIVELY TO FEBRUARY 5, 1950, AS THE RESULT OF A POSITION REALLOCATION. YOU CONTEND THAT THE REALLOCATION OF THE GRADE GS-10 POSITION TO GRADE GS 11 WAS ACCOMPLISHED BY ADMINISTRATIVE ACTION SUBJECT TO APPROVAL BY THE CIVIL SERVICE COMMISSION UNDER AUTHORITY OF SECTION 502 OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 958, CITING 30 COMP. GEN. 156 AS APPLICABLE TO YOUR CASE. FURTHER, YOU DIRECT ATTENTION TO THE RECENT ACTION OF THE CIVIL SERVICE COMMISSION CHANGING THE POSITION OF ADJUDICATOR-AUTHORIZER, PAYMENT CLAIMS REVIEW SECTION, GENERAL ACCOUNTING OFFICE, FROM GRADE GS-11 TO GS-12 ON JULY 29, 1959, PURSUANT TO WHICH YOU SAY PERSONNEL ACTIONS WERE ADMINISTRATIVELY ISSUED PROSPECTIVELY EFFECTING THE CHANGE ON AUGUST 9, 1959, NOT RETROACTIVELY TO THE DATE OF THE COMMISSION'S ACTION. SUCH ACTION YOU CONTEND SHOULD HAVE BEEN TAKEN IN YOUR CASE.

BASED UPON THE FOREGOING STATEMENT OF FACTS, YOU FEEL YOU WERE ENTITLED TO RECEIVE YOUR PERIODIC STEP-INCREASE ON MARCH 5, 1950, AND TO HAVE THE CHANGE FROM GRADE GS-10 TO GS-11 EFFECTED NO EARLIER THAN MARCH 19, 1950, THE BEGINNING OF THE PAY PERIOD IN WHICH THE ADMINISTRATIVE ACTION WAS TAKEN, THUS PERMITTING YOU TO BE PLACED IN THE GRADE GS-11 POSITION ONE STEP HIGHER FROM THE LATTER DATE. THAT IS THE BASIS OF YOUR CLAIM.

THE POSITION HERE INVOLVED AS WELL AS OTHERS WAS ON OCTOBER 19, 1949, SUBMITTED TO THE CIVIL SERVICE COMMISSION FOR REVIEW AND FINAL ALLOCATION. SUCH ACTION WAS BEFORE SECTION 502 OF THE CLASSIFICATION ACT OF 1949 CAME INTO EXISTENCE. NO ADMINISTRATIVE ACTION WAS TAKEN CONCERNING THE POSITION UNTIL AFTER THE CIVIL SERVICE COMMISSION HAD CERTIFIED IT TO THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 14, 1950. THAT TIME, THE RULE APPLYING TO ACTIONS BY THE COMMISSION MADE THE CHANGE IN SALARY EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE WAS RECEIVED IN THE ADMINISTRATIVE OFFICE. 4 COMP. GEN. 280; 22 ID. 526, AND CASES CITED THEREIN. NOT UNTIL FEBRUARY 18, 1952, DID THE COMMISSION ISSUE INSTRUCTIONS, SECTION 36.1 (B), P2-23, FEDERAL PERSONNEL MANUAL, TO THE EFFECT THAT SUCH EFFECTIVE DATE OF ACTIONS BY THE COMMISSION--- EXCEPT CERTAIN APPEALS AS PRESCRIBED BY SECTION 36.1 (C/--- WOULD BE NO EARLIER THAN THE DATE OF RECEIPT OR TWO PAY PERIODS HENCE--- SUBSEQUENTLY CHANGED TO FOUR PAY PERIODS. THUS THE RULE STATED IN THE ABOVE DECISIONS CONCERNING THE EFFECTIVE DATE OF COMMISSION ACTIONS NO LONGER APPLIES. FURTHER, YOUR ATTENTION IS DIRECTED TO OUR DECISION B- 129964, DECEMBER 17, 1956, COPY HEREWITH, WHICH IS SIMILAR TO YOUR CASE. THERE WE HELD THAT THE REALLOCATION ON FEBRUARY 14, 1950, WHICH WAS THE SAME DATE THE COMMISSION TOOK THE SAME ACTION ON YOUR POSITION, WAS NOT AN ADMINISTRATIVE ACTION.

YOU CONTEND THAT 30 COMP. GEN. 156 APPLIES HERE. BUT AS POINTED OUT ABOVE, SINCE THE ACTION INVOLVED WAS A REALLOCATION ACTION BY THE COMMISSION, WE CANNOT AGREE WITH THAT CONTENTION. HOWEVER, IN CONNECTION WITH 30 COMP. GEN. 156, WHICH COVERS ADMINISTRATIVE ACTIONS EXCLUSIVELY, WE POINT OUT THAT THE LANGUAGE USED THEREIN "THE CHANGE BECOMES EFFECTIVE ON THE DATE THE ACTION IS TAKEN BY THE ADMINISTRATIVE OFFICER VESTED WITH THE PROPER AUTHORITY TO FINALLY ALLOCATE OR REALLOCATE THE POSITION, OR SUCH LATER DATE AS MIGHT BE ADMINISTRATIVELY FIXED," PRESUPPOSES THAT AN ADMINISTRATIVE PERSONNEL ACTION ON THE SAME DATE, AS DISTINGUISHED FROM THE ALLOCATION OR REALLOCATION ACTION, WILL BE TAKEN TO EFFECT THE CHANGE IN GRADE OR SALARY OR THAT SUCH ADMINISTRATIVE PERSONNEL ACTION TO EFFECT THE CHANGE WILL BE TAKEN AT A DATE SUBSEQUENT TO THE ALLOCATION OR REALLOCATION ACTION. SEE 37 COMP. GEN. 492, 495.