B-126078, DEC. 16, 1955
Highlights
THE INQUIRY WAS PREDICATED PRIMARILY UPON THE FACT THAT NO REGULAR TOUR OF DUTY HAD BEEN PRESCRIBED ADMINISTRATIVELY FOR THE EMPLOYEE AND THAT. HE WAS NOT ENTITLED TO WITHIN-GRADE SALARY ADVANCEMENTS. GEN. 316) IS APPLICABLE TO "REGULAR PART-TIME EMPLOYEES.'. BRICKWOOD IS NOT A "REGULAR PART-TIME EMPLOYEE" THIS DECISION WOULD NOT BE APPLICABLE. HE IS HOWEVER. HIS PERIODIC WITHIN-GRADE PROMOTIONS WERE GRANTED UNDER THE RULE ESTABLISHED IN 25 COMP. WAS TO PRECLUDE THE GRANTING OF WITHIN-GRADE SALARY ADVANCEMENTS TO PART-TIME OR WHEN ACTUALLY -EMPLOYED EMPLOYEES FOR WHOM NO REGULAR TOURS OF DUTY HAD BEEN PRESCRIBED. SINCE THE DECISION DID NOT EXPRESSLY MENTION WHEN- ACTUALLY-EMPLOYED EMPLOYEES OCCUPYING PERMANENT POSITIONS WHO ARE PAID ON A PER ANNUM BASIS.
B-126078, DEC. 16, 1955
TO THE HONORABLE ALBERT M. COLE, ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY:
BY INFORMAL INQUIRY NO. 55-37 DATED OCTOBER 7, 1955, OUR DIVISION OF AUDITS QUESTIONED THE GRANTING OF WITHIN-GRADE SALARY ADVANCEMENTS TO MR. FRANCIS M. BRICKWOOD, A WHEN-ACTUALLY-EMPLOYED EMPLOYEE OF THE HOUSING AND HOME FINANCE AGENCY, PUBLIC HOUSING ADMINISTRATION, THE REPLY TO WHICH INQUIRY REQUIRES A CLARIFICATION BY US OF OUR DECISION RELIED UPON FOR THE ADMINISTRATIVE ACTION.
THE INQUIRY WAS PREDICATED PRIMARILY UPON THE FACT THAT NO REGULAR TOUR OF DUTY HAD BEEN PRESCRIBED ADMINISTRATIVELY FOR THE EMPLOYEE AND THAT, THEREFORE, UNDER THE PRINCIPLE ENUNCIATED IN OUR DECISION, 31 COMP. GEN. 316, HE WAS NOT ENTITLED TO WITHIN-GRADE SALARY ADVANCEMENTS.
IN REPLY TO THAT INQUIRY YOUR COMPTROLLER FORWARDED TO OUR OFFICE A MEMORANDUM DATED SEPTEMBER 8, PREPARED BY YOUR DIRECTOR OF PERSONNEL, READING, IN PART, AS FOLLOWS:
"* * * THE DECISION REFERRED TO IN THE INQUIRY (31 COMP. GEN. 316) IS APPLICABLE TO "REGULAR PART-TIME EMPLOYEES.' SINCE MR. BRICKWOOD IS NOT A "REGULAR PART-TIME EMPLOYEE" THIS DECISION WOULD NOT BE APPLICABLE. HE IS HOWEVER, A PERMANENT EMPLOYEE PAID ON A PER ANNUM BASIS WHEN ACTUALLY EMPLOYED. HIS PERIODIC WITHIN-GRADE PROMOTIONS WERE GRANTED UNDER THE RULE ESTABLISHED IN 25 COMP. GEN. 121. SEE ALSO, 29 COMP. GEN. 362. CAN FIND NO REVOCATION OR MODIFICATION OF THIS RULE IN SUBSEQUENT DECISIONS. ACCORDINGLY, THE PAYMENTS APPEAR TO BE PROPER.'
THE INTENT OF OUR DECISION IN 31 COMP. GEN. 316, WAS TO PRECLUDE THE GRANTING OF WITHIN-GRADE SALARY ADVANCEMENTS TO PART-TIME OR WHEN ACTUALLY -EMPLOYED EMPLOYEES FOR WHOM NO REGULAR TOURS OF DUTY HAD BEEN PRESCRIBED. HOWEVER, SINCE THE DECISION DID NOT EXPRESSLY MENTION WHEN- ACTUALLY-EMPLOYED EMPLOYEES OCCUPYING PERMANENT POSITIONS WHO ARE PAID ON A PER ANNUM BASIS, AND DID NOT SPECIFICALLY OVERRULE OR MODIFY OUR DECISIONS IN 25 COMP. GEN. 121, 29 ID. 362, AND OTHER SIMILAR DECISIONS, WE WILL NOT APPLY IT IN MR. BRICKWOOD'S CASE OR IN LIKE CASES ARISING PRIOR TO THE DATE OF THIS LETTER. IN THE FUTURE, HOWEVER, WITHIN-GRADE SALARY ADVANCEMENTS SHOULD NOT BE GRANTED TO ANY WHEN-ACTUALLY-EMPLOYED EMPLOYEES WHO DO NOT HAVE A REGULAR TOUR OF DUTY ADMINISTRATIVELY SCHEDULED IN ADVANCE.