A-3643, JULY 8, 1924, 4 COMP. GEN. 27

A-3643: Jul 8, 1924

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IS THE COMPENSATION OF THE POSITION ACTUALLY HELD BY THE EMPLOYEE ON JUNE 30. 1924: I HAVE YOUR LETTER OF JUNE 30. THAT IN PROCEEDING UNDER RULE 1 OF SECTION 6 OF THE CLASSIFICATION ACT THE "EXISTING COMPENSATION" IS TO BE CONSTRUED AS OF JUNE 30.

A-3643, JULY 8, 1924, 4 COMP. GEN. 27

CLASSIFICATION OF CIVILIAN EMPLOYEES - TEMPORARY PROMOTIONS THE "EXISTING COMPENSATION" TO BE USED AS A BASIS FOR COMPUTING THE INITIAL SALARY UNDER THE CLASSIFICATION ACT OF MARCH 4, 1923, IS THE COMPENSATION OF THE POSITION ACTUALLY HELD BY THE EMPLOYEE ON JUNE 30, 1924, WHETHER TEMPORARILY OR PERMANENTLY.

COMPTROLLER GENERAL MCCARL TO THE LIBRARIAN, LIBRARY OF CONGRESS, JULY 8, 1924:

I HAVE YOUR LETTER OF JUNE 30, 1924, REQUESTING DECISION WHETHER "EXISTING COMPENSATION" WITHIN THE MEANING OF RULE 1, SECTION 6, OF THE CLASSIFICATION ACT OF 1923, ESTABLISHING RULES FOR FIXING THE INITIAL COMPENSATION OF CIVILIAN EMPLOYEES JULY 1, 1924, SHOULD BE AS OF JUNE 30, 1924, AND IF SO, WHETHER UNDER THE PRACTICE IN FORCE IN YOUR OFFICE OF GRANTING "TEMPORARY PROMOTIONS" DURING THE ABSENCE OF EMPLOYEES, THE CONTROLLING SALARY WOULD BE THE POSITION HELD UNDER SUCH TEMPORARY PROMOTION OR THE PERMANENT POSITION OF THE EMPLOYEE.

SECTION 2 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, EXPRESSLY INCLUDES THE LIBRARY OF CONGRESS WITHIN ITS PROVISIONS.

THE DECISION OF JUNE 26, 1924, 3 COMP. GEN. 1001, HELD, IN ANSWER TO QUESTION SUBMITTED BY THE CIVIL SERVICE COMMISSION, THAT IN PROCEEDING UNDER RULE 1 OF SECTION 6 OF THE CLASSIFICATION ACT THE "EXISTING COMPENSATION" IS TO BE CONSTRUED AS OF JUNE 30, 1924.

NO "TEMPORARY PROMOTIONS" MAY BE EXCEPTED UNDER THIS RULE. THE EXISTING COMPENSATION AS OF JUNE 30, 1924, HAS RELATION TO THE POSITION ACTUALLY HELD ON THAT DATE, WHETHER TEMPORARILY OR PERMANENTLY. SEE DEFINITION OF TERM "EMPLOYEE IN SECTION 2 OF THE CLASSIFICATION ACT.