B-151081, JUN. 21, 1963
Highlights
FROM YOUR LETTER WE ASSUME THAT YOU HAVE ACCESS TO A COPY OF OUR DECISION OF APRIL 25. WAS A PREREQUISITE TO THE TRANSFER. THE INFORMATION FURNISHED BY YOU SHOWS THAT STANDARD FORM 52 WAS SIGNED BY YOU SHORTLY AFTER YOUR TRANSFER. THE ADMINISTRATIVE OFFICE ADVISES US THAT IN THE LONG DISTANCE NEGOTIATIONS EFFECTING YOUR TRANSFER FROM ALASKA THE OBTAINING OF YOUR SIGNATURE ON STANDARD FORM 52 WAS OVERLOOKED. TO COMPLETE THE DOCUMENTATION IN YOUR FILE THAT THE TRANSFER WAS VOLUNTARY YOUR SIGNATURE WAS REQUESTED AFTER YOUR ARRIVAL IN RENO. CONCLUDED THAT THE CHANGE TO LOWER GRADE AND REDUCTION IN SALARY WAS CONSIDERED EMPLOYEE INITIATED AND VOLUNTARY. THAT CONCLUSION WAS SUPPORTED BY THE STATEMENTS APPEARING ON THE STANDARD FORM 50.
B-151081, JUN. 21, 1963
TO MR. FRANCIS C. RIGERT:
YOUR LETTER OF MAY 10, 1963, WITH ENCLOSURES, REFERS TO OUR DECISION OF APRIL 25, 1963, B-151081, WHICH DISALLOWED YOUR CLAIM FOR SAVED RATE OF PAY UNDER THE SALARY RETENTION ACT OF 1958, PUB.L. 85 737, 72 STAT. 830, 5 U.S.C. 1107.
FROM YOUR LETTER WE ASSUME THAT YOU HAVE ACCESS TO A COPY OF OUR DECISION OF APRIL 25, 1963, B-151081. YOU SAY THAT CONSIDERABLE WEIGHT AND SIGNIFICANCE HAS BEEN PLACED ON THE FACT THAT YOUR SIGNING THE STATEMENT ON THE STANDARD FORM 52 DATED JANUARY 7, 1959, WAS A PREREQUISITE TO THE TRANSFER. THE INFORMATION FURNISHED BY YOU SHOWS THAT STANDARD FORM 52 WAS SIGNED BY YOU SHORTLY AFTER YOUR TRANSFER. THE ADMINISTRATIVE OFFICE ADVISES US THAT IN THE LONG DISTANCE NEGOTIATIONS EFFECTING YOUR TRANSFER FROM ALASKA THE OBTAINING OF YOUR SIGNATURE ON STANDARD FORM 52 WAS OVERLOOKED. TO COMPLETE THE DOCUMENTATION IN YOUR FILE THAT THE TRANSFER WAS VOLUNTARY YOUR SIGNATURE WAS REQUESTED AFTER YOUR ARRIVAL IN RENO, NEVADA.
OUR DECISION OF APRIL 25, 1963, CONCLUDED THAT THE CHANGE TO LOWER GRADE AND REDUCTION IN SALARY WAS CONSIDERED EMPLOYEE INITIATED AND VOLUNTARY. THAT CONCLUSION WAS SUPPORTED BY THE STATEMENTS APPEARING ON THE STANDARD FORM 50, NOTIFICATION OF PERSONNEL ACTION,"SALARY FIXED IN CONSIDERATION OF SALARY RATE HELD IN PRIOR FEDERAL SERVICES" AND "ACTION EFFECTED AT EMPLOYEE'S REQUEST.' HENCE, THE SIGNING OF THE FORM 52 AFTER YOUR TRANSFER WAS CONSUMMATED IS IMMATERIAL SINCE THAT ACTION MERELY CONFIRMED THE PRIOR UNDERSTANDING.
YOU ALSO SAY THAT THE CIVIL SERVICE REGULATIONS (SECTION 25.407) WHICH WAS PROMULGATED PURSUANT TO PUB.L. 85-737 WAS NOT ISSUED UNTIL JANUARY 9, 1959, OR SUBSEQUENT TO INITIATION OF BOTH STANDARD FORMS50 AND 52. THE LAW AND REGULATIONS IN EFFECT AT THE TIME OF AN ACTION IS TAKEN AS CONTROLLING RATHER THAN THE LAW AND REGULATIONS IN EFFECT AT THE TIME THE ACTION IS INITIATED. AS POINTED OUT IN OUR PRIOR DECISION THE APPLICABLE LAW SPECIFICALLY PRECLUDES THE GRANTING OF A RETAINED SALARY RATE THEREUNDER WHEN THE DEMOTION RESULTS FROM AN EMPLOYEE'S REQUEST.
CONCERNING THE POSSIBLE REDUCTION IN FORCE AT THE JUNEAU, ALASKA, OFFICE, THIS WAS FULLY DISCUSSED IN OUR DECISION OF APRIL 25, 1963, B 151081, A COPY OF WHICH IS ENCLOSED FOR YOUR INFORMATION.