A-4443, FEBRUARY 9, 1925, 4 COMP. GEN. 670
Highlights
IS NOT CHANGED DURING THE FISCAL YEAR 1925 BY THE EXCEPTION TO THE AVERAGE PROVISION IN THE ACT OF JANUARY 22. AS SUCH EXCEPTION IS APPLICABLE ONLY TO PAYMENTS MADE FROM THE APPROPRIATION IN WHICH IT OCCURS. WERE PROMOTED TO GRADE 7 OF THE SAME SERVICE IN WHICH THE SALARY AVERAGE IS EXCESSIVE. THE DECISION WAS THE APPLICATION OF A DEFINITE RULE PREVIOUSLY LAID DOWN IN SEVERAL DECISIONS OF THIS OFFICE THAT ANY CHANGE OF PERSONNEL MADE BY AN ADMINISTRATIVE OFFICE IN GRADES HAVING EXCESSIVE SALARY AVERAGES MUST BE AT THE MINIMUM SALARY RATE OF THE GRADE. WAS AGAIN GIVEN CONSIDERATION AND THE SAME CONCLUSION REACHED IN QUESTION AND ANSWER 15. THAT THIS RESTRICTION SHALL NOT APPLY * * * (3) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR A DIFFERENT BUREAU.
A-4443, FEBRUARY 9, 1925, 4 COMP. GEN. 670
CLASSIFICATION OF CIVILIAN EMPLOYEES - CHANGES IN GRADES IN WHICH THE PROPER AVERAGE HAS BEEN EXCEEDED THE REQUIREMENT, BASED ON THE "AVERAGE PROVISION" IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1925, THAT AN EMPLOYEE ON PROMOTION FROM A LOWER TO A HIGHER GRADE, IN WHICH THE SALARY AVERAGE HAS BEEN EXCEEDED, CAN ONLY RECEIVE THE MINIMUM SALARY OF THE GRADE TO WHICH PROMOTED EVEN THOUGH LESS THAN HIS FORMER SALARY, IS NOT CHANGED DURING THE FISCAL YEAR 1925 BY THE EXCEPTION TO THE AVERAGE PROVISION IN THE ACT OF JANUARY 22, 1925, 43 STAT. 764, MAKING APPROPRIATION FOR THE TREASURY DEPARTMENT FOR THE FISCAL YEAR 1926, AS SUCH EXCEPTION IS APPLICABLE ONLY TO PAYMENTS MADE FROM THE APPROPRIATION IN WHICH IT OCCURS.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, FEBRUARY 9, 1925:
THERE HAS BEEN BEFORE THIS OFFICE FOR CONSIDERATION YOUR LETTER OF OCTOBER 7, 1924, AND YOUR UNDATED LETTER RECEIVED OCTOBER 17, 1924, REQUESTING RECONSIDERATION OF DECISION OF SEPTEMBER 12, 1924, 4 COMP. GEN. 294, HOLDING THAT IF GUY H. SUTTON, AN EMPLOYEE IN THE OFFICE OF THE REGISTER OF THE TREASURY, RECEIVING COMPENSATION IN GRADE 6 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE AT THE RATE OF $2,500 PER ANNUM, WERE PROMOTED TO GRADE 7 OF THE SAME SERVICE IN WHICH THE SALARY AVERAGE IS EXCESSIVE, HE COULD BE PAID IN GRADE 7 ONLY AT THE MINIMUM SALARY RATE FOR THAT GRADE, VIZ, $2,400 PER ANNUM, NOTWITHSTANDING THE "PROMOTION" WOULD ACTUALLY REDUCE THE EMPLOYEE'S COMPENSATION AT THE RATE OF $100 PER ANNUM.
THE DECISION WAS THE APPLICATION OF A DEFINITE RULE PREVIOUSLY LAID DOWN IN SEVERAL DECISIONS OF THIS OFFICE THAT ANY CHANGE OF PERSONNEL MADE BY AN ADMINISTRATIVE OFFICE IN GRADES HAVING EXCESSIVE SALARY AVERAGES MUST BE AT THE MINIMUM SALARY RATE OF THE GRADE.
THE APPLICATION OF THE RULE TO PROMOTIONS FROM A LOWER TO A HIGHER GRADE IN THE SAME BUREAU, OFFICE OR OTHER APPROPRIATION UNIT, AS PROPOSED IN THE SUTTON CASE, WAS AGAIN GIVEN CONSIDERATION AND THE SAME CONCLUSION REACHED IN QUESTION AND ANSWER 15, DECISION OF NOVEMBER 29, 1924, 4 COMP. GEN. 498.
THE ACT OF JANUARY 22, 1925, 43 STAT. 764, PROVIDING APPROPRIATIONS FOR THE TREASURY DEPARTMENT FOR THE FISCAL YEAR 1926, HAS REENACTED THE "AVERAGE PROVISION" BUT WITH THE FOLLOWING ADDITIONAL EXCEPTION:
* * * PROVIDED, THAT THIS RESTRICTION SHALL NOT APPLY * * * (3) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR A DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, * * *
IT WOULD APPEAR, THEREFORE, THAT ON AND AFTER JULY 1, 1925, AND FOR THE FISCAL YEAR 1926, FOR WHICH THE APPROPRIATIONS WERE PROVIDED CONTAINING THE RESTRICTIVE AVERAGE PROVISION WITH THE ABOVE QUOTED EXCEPTION, PROMOTIONS AS PROPOSED IN THE SUTTON CASE MAY BE AUTHORIZED WITHOUT REDUCTION OF SALARY.