B-144259, NOV. 3, 1960
Highlights
YOUR POSITION WAS DOWNGRADED FROM GS-6 TO GS 5. ADMINISTRATIVELY WAS CONSIDERED BUT DENIED. YOUR SALARY WAS RESTORED TO THAT OF THE APPROPRIATE STEP OF GRADE GS-6. YOU WERE COMPENSATED FOR THE INCREASE RETROACTIVELY TO JULY 1. YOU CONTEND THAT YOU SHOULD HAVE BEEN PAID RETROACTIVELY TO JANUARY 2. PUBLIC LAW 594 WAS APPROVED BY THE PRESIDENT ON JUNE 18. WAS THE CUT OFF DATE FOR RETROACTIVE PAYMENT IN YOUR CASE BECAUSE IT WAS THE FIRST DAY OF THE FIRST PAY PERIOD FOLLOWING JUNE 18. ALTHOUGH THE REGULATION IS NOT CITED. WE ASSUME THAT THE REGULATION YOU HAVE IN MIND IS THAT WHICH CURRENTLY APPEARS IN VOLUME 25. THAT REGULATION HAS NO APPLICATION TO YOUR CASE SINCE IT IS CONFINED TO CERTAIN REDUCTION-IN FORCE CASES OR DEMOTION CASES UNDER SECTION 14 OF THE VETERANS PREFERENCE ACT OF 1944.
B-144259, NOV. 3, 1960
TO MR. EARL F. GLENN:
ON SEPTEMBER 8, 1960, YOU REQUESTED REVIEW OF OUR ACTION OF FEBRUARY 27, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FROM JANUARY 2, 1955, TO JULY 1, 1956, AS AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE.
THE RECORD SHOWS THAT EFFECTIVE JANUARY 2, 1955, AS A RESULT OF A RECLASSIFICATION ACTION, YOUR POSITION WAS DOWNGRADED FROM GS-6 TO GS 5. THE PAYMENT TO YOU OF A SAVED RATE OF PAY UNDER SUBSECTION 507 (B) OF THE CLASSIFICATION ACT OF 1949, AS ADDED BY PUBLIC LAW 594, 70 STAT. 291, ADMINISTRATIVELY WAS CONSIDERED BUT DENIED. SUBSEQUENTLY, THE BOARD OF APPEALS AND REVIEW OF THE CIVIL SERVICE COMMISSION ON APRIL 1, 1958, RENDERED A DECISION IN YOUR FAVOR. PURSUANT TO THAT DECISION, YOUR SALARY WAS RESTORED TO THAT OF THE APPROPRIATE STEP OF GRADE GS-6, AND YOU WERE COMPENSATED FOR THE INCREASE RETROACTIVELY TO JULY 1, 1956. YOU CONTEND THAT YOU SHOULD HAVE BEEN PAID RETROACTIVELY TO JANUARY 2, 1955, THE DATE OF THE ADVERSE RECLASSIFICATION ACTION.
SECTION 507 (B) OF THE CLASSIFICATION ACT OF 1949, AS ADDED BY PUBLIC LAW 594 PROVIDES IN PERTINENT PART:
"* * * NO OFFICER OR EMPLOYEE SHALL BE ENTITLED BY REASON OF THIS SUBSECTION TO BASIC COMPENSATION FOR ANY PERIOD PRIOR TO THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS AFTER THE DATE OF ENACTMENT OF THIS SECTION.'
PUBLIC LAW 594 WAS APPROVED BY THE PRESIDENT ON JUNE 18, 1956. SEE 70 STAT. 292. THEREFORE, JULY 1, 1956, WAS THE CUT OFF DATE FOR RETROACTIVE PAYMENT IN YOUR CASE BECAUSE IT WAS THE FIRST DAY OF THE FIRST PAY PERIOD FOLLOWING JUNE 18, 1956.
WITH YOUR LETTER OF SEPTEMBER 8, 1960, YOU ENCLOSED A CLIPPING WHICH RELATES TO A CIVIL SERVICE REGULATION INVOLVING RETROACTIVE RESTORATION AND BACK PAY RIGHTS. YOU ASK THAT YOUR CASE BE REVIEWED IN ACCORDANCE WITH THAT REGULATION.
ALTHOUGH THE REGULATION IS NOT CITED, WE ASSUME THAT THE REGULATION YOU HAVE IN MIND IS THAT WHICH CURRENTLY APPEARS IN VOLUME 25, PART 7 OF THE FEDERAL REGISTER AT PAGE 6825. THAT REGULATION HAS NO APPLICATION TO YOUR CASE SINCE IT IS CONFINED TO CERTAIN REDUCTION-IN FORCE CASES OR DEMOTION CASES UNDER SECTION 14 OF THE VETERANS PREFERENCE ACT OF 1944, AS AMENDED, 5 U.S.C. 863. MOREOVER, THAT REGULATION WAS NOT PROMULGATED UNTIL JULY 1960, AND ITS APPLICATION CAN BE REALIZED ONLY PROSPECTIVELY.