A-5652, OCTOBER 23, 1924, 4 COMP. GEN. 401

A-5652: Oct 23, 1924

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IT IS THE RATE OF PAY RECEIVED ON JUNE 30. WHOSE POSITION WAS ORIGINALLY ALLOCATED JULY 1. IS ENTITLED FROM THE EFFECTIVE DATE OF THE REALLOCATION TO $2. IF THE PROPER AVERAGE IS MAINTAINED IN THE GRADE AND THE PROMOTION IS JUSTIFIED BY A COMPARISON OF THE EFFICIENCY OF THE PROMOTED EMPLOYEE WITH OTHER EMPLOYEES IN THE GRADE. 1924: I HAVE YOUR LETTER OF OCTOBER 7. WAS RECEIVING A SALARY OF $2. 740 WAS ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO GRADE CAF-10. ACCORDINGLY ON JULY 1 TO HIS COMPENSATION WAS INCREASED TO $3. YOUR DECISION IS REQUESTED AS TO WHETHER THIS EMPLOYEE MAY BE CONTINUED AT THE SALARY RATE OF $3. 300 PER ANNUM IS A SALARY RATE COMMON TO GRADES 8. THAT IS.

A-5652, OCTOBER 23, 1924, 4 COMP. GEN. 401

CLASSIFICATION OF CIVILIAN EMPLOYEES - PROMOTION UPON REALLOCATION TO LOWER GRADE UNDER A REALLOCATION OF THE SAME POSITION MADE SUBSEQUENT TO JULY 1, 1924, IT IS THE RATE OF PAY RECEIVED ON JUNE 30, 1924, AND NOT THE RATE OF PAY RECEIVED INITIALLY, OR BY PROMOTION, UNDER AN ORIGINAL ALLOCATION OF THE POSITION EFFECTIVE JULY 1, 1924, WHICH CONTROLS THE INITIAL SALARY RATE PROPERLY PAYABLE. AN EMPLOYEE RECEIVING $2,740 PER ANNUM ON JUNE 30, 1924, WHOSE POSITION WAS ORIGINALLY ALLOCATED JULY 1, 1924, IN GRADE 10 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE WITH MINIMUM SALARY RATE OF $3,300 PER ANNUM, BUT SUBSEQUENTLY REALLOCATED TO GRADE 8 OF THE SAME SERVICE WITH MAXIMUM SALARY RATE OF $3,300 PER ANNUM, IS ENTITLED FROM THE EFFECTIVE DATE OF THE REALLOCATION TO $2,800 PER ANNUM, BUT MAY BE PROMOTED BY ADMINISTRATIVE ACTION SIMULTANEOUSLY WITH THE EFFECTIVE DATE OF THE REALLOCATION FROM $2,800, THE INITIAL SALARY RATE PROPERLY PAYABLE UNDER THE REALLOCATION IN GRADE 8, TO $3,300, THE MAXIMUM SALARY RATE OF THAT GRADE, IF THE PROPER AVERAGE IS MAINTAINED IN THE GRADE AND THE PROMOTION IS JUSTIFIED BY A COMPARISON OF THE EFFICIENCY OF THE PROMOTED EMPLOYEE WITH OTHER EMPLOYEES IN THE GRADE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, OCTOBER 23, 1924:

I HAVE YOUR LETTER OF OCTOBER 7, 1924, AS FOLLOWS:

AN EMPLOYEE IN ONE OF THE BRANCHES OF THIS DEPARTMENT WHO ON JUNE 30, 1924, WAS RECEIVING A SALARY OF $2,740 WAS ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO GRADE CAF-10, AND ACCORDINGLY ON JULY 1 TO HIS COMPENSATION WAS INCREASED TO $3,300, THE MINIMUM RATE OF THAT GRADE. SUBSEQUENTLY THE BOARD REVIEWED THE ALLOCATION AND ON AUGUST 20 AUTHORIZED A CHANGE IN CLASSIFICATION FROM GRADE CAF-10 TO GRADE CAF-8.

YOUR DECISION IS REQUESTED AS TO WHETHER THIS EMPLOYEE MAY BE CONTINUED AT THE SALARY RATE OF $3,300 AFTER HIS TRANSFER TO GRADE CAF 8, THE AVERAGE OF THIS TO BE NOT EXCEEDED; AND IF NOT, THE APPROPRIATE RATE AT WHICH HE MAY BE LEGALLY PAID.

THE RATE OF $3,300 PER ANNUM IS A SALARY RATE COMMON TO GRADES 8, 9, AND 10 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE; THAT IS, THE MAXIMUM OF GRADE 8, THE AVERAGE OR MIDDLE OF GRADE 9, AND THE MINIMUM OF GRADE 10. THE RATES OF GRADE 8 ARE $2,700, $2,800, $2,900, $3,000, $3,100, $3,200, AND $3,300 PER ANNUM. IF THE POSITION REALLOCATED AUGUST 20, 1924, WAS THE SAME HELD BY THE EMPLOYEE JUNE 30, 1924, THE INITIAL SALARY RATE UNDER THE REALLOCATION TO GRADE 8 SHOULD HAVE BEEN FIXED, IN ACCORDANCE WITH RULE 4 OF SECTION 6 OF THE CLASSIFICATION ACT OF 1923, ON THE BASIS OF THE RATE RECEIVED JUNE 30, 1924, AT $2,800 PER ANNUM. THAT IS TO SAY, IT IS THE RATE RECEIVED JUNE 30, 1924, AND NOT THE RATE RECEIVED INITIALLY, OR BY PROMOTION, UNDER THE ORIGINAL ALLOCATION EFFECTIVE JULY 1, 1924, WHICH CONTROLS THE INITIAL SALARY RATE PROPERLY PAYABLE UNDER A REALLOCATION OF THE SAME POSITION SUBSEQUENT TO JULY 1, 1924.

IF THE PROPER AVERAGE OF GRADE 8 WAS NOT EXCEEDED THEREBY, IT WAS WITHIN THE AUTHORITY OF THE ADMINISTRATIVE OFFICE TO PROMOTE THE EMPLOYEE SIMULTANEOUSLY WITH THE EFFECTIVE DATE OF THE REALLOCATION, OR AT ANY TIME THEREAFTER, FROM $2,800 TO $3,300, THE MAXIMUM SALARY RATE OF GRADE 8, PROVIDED A COMPARISON OF THE EFFICIENCY OF THE PROMOTED EMPLOYEE WITH OTHERS IN THE GRADE, IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE PERSONAL CLASSIFICATION BOARD OR THE CIVIL SERVICE COMMISSION, JUSTIFIES THE PROMOTION. SEE 4 COMP. GEN. 77.

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