A-32719, JULY 31, 1930, 10 COMP. GEN. 46

A-32719: Jul 31, 1930

Additional Materials:

Contact:

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

 

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

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATIONS AND REALLOCATIONS - ADJUSTMENT IN COMPENSATION ADJUSTMENTS IN COMPENSATION RATES NECESSARY BECAUSE OF THE ALLOCATION OR REALLOCATION OF A POSITION MAY BE BASED ON THE SALARY RATE BEING RECEIVED BY THE EMPLOYEE IN THE GRADE FROM WHICH ALLOCATED OR REALLOCATED ON THE DATE NOTICE OF THE ALLOCATION OR REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. AN EMPLOYEE OF THIS DEPARTMENT WAS NOTIFIED THAT. AT THAT TIME AN APPEAL WAS PENDING AT THE PERSONNEL CLASSIFICATION BOARD FOR AN ALLOCATION TO GRADE 5. ON JULY 11 THE ALLOCATION REQUESTED WAS APPROVED AND WAS RECEIVED IN THE DEPARTMENT ON JULY 19. IT WILL BE NOTED THAT THIS APPEAL WAS BASED UPON NO MATERIAL CHANGE IN DUTIES.

A-32719, JULY 31, 1930, 10 COMP. GEN. 46

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATIONS AND REALLOCATIONS - ADJUSTMENT IN COMPENSATION ADJUSTMENTS IN COMPENSATION RATES NECESSARY BECAUSE OF THE ALLOCATION OR REALLOCATION OF A POSITION MAY BE BASED ON THE SALARY RATE BEING RECEIVED BY THE EMPLOYEE IN THE GRADE FROM WHICH ALLOCATED OR REALLOCATED ON THE DATE NOTICE OF THE ALLOCATION OR REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE, THE NEW RATE IN THE GRADE TO WHICH ALLOCATED OR REALLOCATED TO BE EFFECTIVE FROM THE FIRST DAY OF THAT MONTH UNDER THE GENERAL RULE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JULY 31, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 23, 1930, AS FOLLOWS:

EFFECTIVE AS OF JULY 1, 1930, AN EMPLOYEE OF THIS DEPARTMENT WAS NOTIFIED THAT, UNDER EFFICIENCY RATING, SHE WOULD BE PROMOTED FROM $1,920 IN GRADE 4 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, TO $2,040 IN THAT GRADE. AT THAT TIME AN APPEAL WAS PENDING AT THE PERSONNEL CLASSIFICATION BOARD FOR AN ALLOCATION TO GRADE 5. ON JULY 11 THE ALLOCATION REQUESTED WAS APPROVED AND WAS RECEIVED IN THE DEPARTMENT ON JULY 19, THEREBY BECOMING EFFECTIVE JULY 1. IT WILL BE NOTED THAT THIS APPEAL WAS BASED UPON NO MATERIAL CHANGE IN DUTIES, BUT WAS SUBMITTED IN AN EFFORT TO SECURE AN ALLOCATION FOR THE POSITION COMMENSURATE WITH THE DUTIES INVOLVED.

THE DEPARTMENT WOULD LIKE TO BE ADVISED AS TO WHETHER, UNDER THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD, THE PROMOTION TO $2,040 MUST BE REVOKED AND THE EMPLOYEE ADVANCED FROM HER PREVIOUS SALARY OF $1,920 IN CAF-4 TO THE INITIAL SALARY OF $2,000 IN CAF-5, OR WHETHER, IN VIEW OF THE FACT THAT THE DEPARTMENT'S ACTION IN PROMOTING THE EMPLOYEE WAS ACTUALLY PRIOR TO THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD, THE EMPLOYEE MAY BE ADVANCED TO $2,100, THERE BEING NO SALARY STEP IN CAF-5 EQUAL TO $2,040.

THE DEFINITE RULE HAS BEEN IN FORCE SINCE SEPTEMBER 1, 1926, THAT THE EFFECTIVE DATE, FOR PAY PURPOSES, OF THE REALLOCATION OF A POSITION FROM ONE GRADE TO ANOTHER, FINALLY APPROVED BY THE PERSONNEL CLASSIFICATION BOARD, IS THE FIRST DAY OF THE MONTH IN WHICH NOTICE OF THE BOARD'S FINAL APPROVAL IS RECEIVED IN THE ADMINISTRATIVE OFFICE. 6 COMP. GEN. 202; ID. 355.

THIS RULE WAS STATED BY THIS OFFICE IN ORDER TO SIMPLIFY THE ACCOUNTING INVOLVED, AND THERE WAS NO INTENT THAT THE RULE SHOULD BE SO APPLIED AS TO LOSE TO AN EMPLOYEE THE BENEFIT OF AN ADMINISTRATIVE PROMOTION MADE EFFECTIVE ON THE FIRST DAY OR THEREAFTER DURING THE MONTH PRIOR TO RECEIPT IN THE ADMINISTRATIVE OFFICE OF THE NOTICE OF THE REALLOCATION. IT HAS BEEN RECOGNIZED AS PROPER AND LEGAL, UNDER THE TERMS OF THE ORIGINAL CLASSIFICATION ACT AS AMENDED, AND AS IN LINE WITH THE GENERAL PURPOSE OF THE EXCEPTIONS OF THE AVERAGE PROVISION APPEARING IN THE ANNUAL APPROPRIATION ACTS, TO FIX THE SALARY OF AN EMPLOYEE UPON ALLOCATION, REALLOCATION, OR TRANSFER TO A HIGHER OR LOWER GRADE, SO AS TO PREVENT OR MINIMIZE LOSS OF SALARY TO THE EMPLOYEE. WHERE THE CHANGE IS FROM A LOWER TO A HIGHER GRADE WITH OVERLAPPING SALARY RATES, AS IN THE PRESENT INSTANCE, AND THERE IS NO SALARY RATE IN THE HIGHER GRADE EXACTLY CORRESPONDING TO THE SALARY RATE BEING RECEIVED IN THE LOWER GRADE, THE NEXT HIGHER RATE IN THE HIGHER GRADE HAS BEEN RECOGNIZED AS PAYABLE. COMP. GEN. 413, 414; 8 ID. 393; ID. 400; 9 ID. 80; ID. 193.

AS TO ALLOCATIONS OF NEW POSITIONS AND REALLOCATIONS OF EXISTING POSITIONS, IT IS REASONABLE TO CONCLUDE THAT THIS PRINCIPLE MAY BE APPLIED AS OF THE DATE NOTICE OF THE ALLOCATION OR REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE FROM THE PERSONNEL CLASSIFICATION BOARD, THE NEW RATE TO BE EFFECTIVE FROM THE FIRST DAY OF THAT MONTH UNDER THE GENERAL RULE.

THEREFORE THE SALARY RATE OF THE EMPLOYEE TO WHOM YOU REFER, EFFECTIVE JULY 1, 1930, IS $2,100 PER ANNUM, WHICH IS THE NEXT HIGHER RATE IN GRADE CAF-5 ABOVE $2,040 PER ANNUM, THE RATE BEING RECEIVED JULY 19, 1930, AS IN GRADE CAF-4, WHEN NOTICE OF THE REALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.