A-15163, AUGUST 19, 1926, 6 COMP. GEN. 133

A-15163: Aug 19, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BECOMES EFFECTIVE FROM THE DATE THE REGULAR PROMOTION IS MADE. SUBSEQUENT THERETO THE PROMOTION CAN NOT BE MADE RETROACTIVE FROM THE DATE THE EMPLOYEE WAS ASSIGNED TO DUTY ALTHOUGH THE REGULAR PROMOTION COULD HAVE BEEN MADE AT THE TIME EFFECTIVE FROM SUCH DATE. 1926: I HAVE YOUR LETTER OF JULY 21. SUBMITTING FOR DECISION A QUESTION AS TO WHETHER CERTAIN EMPLOYEES ASSIGNED AND TRANSFERRED TO POSITIONS IN HIGHER GRADES DURING THE FISCAL YEAR 1926 AND PAID AT THE RATE OF PAY OF THE HIGHER GRADE FROM THE BEGINNING OF THE PAY PERIOD CURRENT AT THE TIME THE NOTICE OF TRANSFER WAS APPROVED BY THE PERSONNEL CLASSIFICATION BOARD MAY NOW RECEIVE PAY AT THE HIGHER RATE FROM THE DATE THEY WERE ASSIGNED TO THE DUTIES OF THE HIGHER GRADE BY MAKING THEIR PROMOTION RETROACTIVELY EFFECTIVE FROM SUCH DATE.

A-15163, AUGUST 19, 1926, 6 COMP. GEN. 133

CLASSIFICATION OF CIVILIAN EMPLOYEES - PROMOTIONS BETWEEN ALLOCATED POSITIONS THE PROMOTION OF AN EMPLOYEE TRANSFERRED FROM A LOWER TO A HIGHER GRADE TO FILL AN EXISTING VACANT POSITION, THE DUTIES OF WHICH HAD PREVIOUSLY BEEN ALLOCATED TO THE HIGHER GRADE, BECOMES EFFECTIVE FROM THE DATE THE REGULAR PROMOTION IS MADE, AND SUBSEQUENT THERETO THE PROMOTION CAN NOT BE MADE RETROACTIVE FROM THE DATE THE EMPLOYEE WAS ASSIGNED TO DUTY ALTHOUGH THE REGULAR PROMOTION COULD HAVE BEEN MADE AT THE TIME EFFECTIVE FROM SUCH DATE.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, AUGUST 19, 1926:

I HAVE YOUR LETTER OF JULY 21, 1926, SUBMITTING FOR DECISION A QUESTION AS TO WHETHER CERTAIN EMPLOYEES ASSIGNED AND TRANSFERRED TO POSITIONS IN HIGHER GRADES DURING THE FISCAL YEAR 1926 AND PAID AT THE RATE OF PAY OF THE HIGHER GRADE FROM THE BEGINNING OF THE PAY PERIOD CURRENT AT THE TIME THE NOTICE OF TRANSFER WAS APPROVED BY THE PERSONNEL CLASSIFICATION BOARD MAY NOW RECEIVE PAY AT THE HIGHER RATE FROM THE DATE THEY WERE ASSIGNED TO THE DUTIES OF THE HIGHER GRADE BY MAKING THEIR PROMOTION RETROACTIVELY EFFECTIVE FROM SUCH DATE.

THE CASES INVOLVED IN YOUR SUBMISSION ARE THOSE OF J. C. DALE AND GEORGE S. KILGOUR, WHO, IT APPEARS, WERE ASSIGNED TO POSITIONS HIGHER IN GRADE ON DECEMBER 2, 1924, AND FEBRUARY 27, 1925, RESPECTIVELY. IN EACH CASE THE POSITION TO WHICH THE EMPLOYEE WAS ASSIGNED HAD PREVIOUSLY BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD AND THERETOFORE HAD BEEN FILLED BY ANOTHER EMPLOYEE. IN EACH CASE THE ASSIGNMENT OF THE EMPLOYEE NAMED WAS SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD FOR CONFIRMATION, AND THE EMPLOYEE WAS PAID THE SALARY OF THE HIGHER GRADE ONLY FROM THE BEGINNING OF THE PAY PERIOD CURRENT AT THE DATE OF RECEIPT OF NOTICE OF CONFIRMATION BY THE BOARD.

AS STATED IN 4 COMP. GEN. 957, THE MATTER OF FILLING POSITIONS AFTER THEY HAVE BEEN ALLOCATED TO PROPER GRADES IS ONE FOR THE CONSIDERATION OF THE HEAD OF THE DEPARTMENT IN WHICH THE POSITION EXISTS AND THE CIVIL SERVICE COMMISSION AND NOT ONE FALLING UNDER THE JURISDICTION OF THE PERSONNEL CLASSIFICATION BOARD. THEREFORE, THE LAW DID NOT REQUIRE THAT THE PROMOTION OF THE TWO EMPLOYEES IN QUESTION BE DELAYED PENDING ANY ACTION BY THE PERSONNEL CLASSIFICATION BOARD WITH REFERENCE THERETO. HOWEVER, IT IS UNDERSTOOD FROM YOUR LETTER THAT THE PROMOTION IN THE CASE OF MR. DALE WAS ADMINISTRATIVELY APPROVED TO BECOME EFFECTIVE JANUARY 16, 1925, AND IN THE CASE OF MR. KILGOUR, APRIL 1, 1925, AND THAT THEY HAVE BEEN PAID ACCORDINGLY FROM THOSE DATES, RESPECTIVELY, AT THE RATES OF PAY IN THE HIGHER GRADES. PROMOTIONS MAY NOT BE MADE EFFECTIVE RETROACTIVELY. COMP. GEN. 45, 515; 3 ID. 559. AND AS THESE EMPLOYEES WERE IN FACT PROMOTED EFFECTIVE JANUARY 16, 1925, AND APRIL 1, 19T, SUCH PROMOTIONS COULD NOT THEREAFTER BE MADE EFFECTIVE AS OF EARLIER DATES. 4 COMP. GEN. 957.

THE ASSIGNMENT TO DUTIES IN THE HIGHER GRADES IN THE TWO CASES SUBMITTED DID NOT CONSTITUTE A PROMOTION EFFECTIVE UPON THE DATE OF SUCH ASSIGNMENT. 4 COMP. GEN. 126.