A-57147, SEPTEMBER 10, 1934, 14 COMP. GEN. 202

A-57147: Sep 10, 1934

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IN WHICH CASE HE MAY BE GIVEN THE RATE NEXT ABOVE THAT HE WAS RECEIVING. AS FOLLOWS: YOUR DECISION IS REQUESTED WITH RESPECT TO SALARY PAYMENT UNDER THE FOLLOWING CONDITIONS: THE PRESIDENT HAS AUTHORIZED THE FILLING OF A VACANCY IN GRADE CAF 5. WHAT SALARY WILL THE EMPLOYEE RECEIVE. SINCE $2040 IS NOT A SALARY STEP IN GRADE CAF-5? REGARDLESS OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT IN WHICH THE POSITION IS LOCATED. IN WHICH THE APPROPRIATION FOR YOUR COMMISSION IS CONTAINED. THAT THIS RESTRICTION SHALL NOT APPLY * * * TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE. NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED.

A-57147, SEPTEMBER 10, 1934, 14 COMP. GEN. 202

ECONOMY ACT AMENDED - ADMINISTRATIVE PROMOTIONS IN FILLING A VACANCY DURING THE FISCAL YEAR 1934 OR 1935 BY PROMOTION OF AN EMPLOYEE FROM A LOWER GRADE, THE EMPLOYEE MAY NOT BE GIVEN A SALARY IN EXCESS OF THE MINIMUM SALARY OF THE HIGHER GRADE UNLESS SUCH RATE WOULD REQUIRE A REDUCTION IN HIS COMPENSATION, IN WHICH CASE HE MAY BE GIVEN THE RATE NEXT ABOVE THAT HE WAS RECEIVING.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, FEDERAL TRADE COMMISSION, SEPTEMBER 10, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 10, 1934, AS FOLLOWS:

YOUR DECISION IS REQUESTED WITH RESPECT TO SALARY PAYMENT UNDER THE FOLLOWING CONDITIONS:

THE PRESIDENT HAS AUTHORIZED THE FILLING OF A VACANCY IN GRADE CAF 5. EMPLOYEE OF THE STAFF, GRADE CAF-4, $2040 PER ANNUM, HAS BEEN APPOINTED TO FILL THE VACANCY. WHAT SALARY WILL THE EMPLOYEE RECEIVE, SINCE $2040 IS NOT A SALARY STEP IN GRADE CAF-5?

SECTION 10 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1491, PROVIDES:

THAT, SUBJECT TO SUCH RULES AND REGULATIONS AS THE PRESIDENT MAY FROM TIME TO TIME PRESCRIBE, AND REGARDLESS OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT IN WHICH THE POSITION IS LOCATED, AN EMPLOYEE MAY BE TRANSFERRED FROM A POSITION IN ONE GRADE TO A VACANT POSITION WITHIN THE SAME GRADE AT THE SAME RATE OF COMPENSATION, OR PROMOTED TO A VACANT POSITION IN A HIGHER GRADE AT A HIGHER RATE OF COMPENSATION, IN ACCORDANCE WITH CIVIL-SERVICE RULES, ANY PROVISION OF EXISTING STATUTES TO THE CONTRARY NOTWITHSTANDING: * * *.

SECTION 2 OF THE ACT OF MARCH 28, 1934, 48 STAT. 520, IN WHICH THE APPROPRIATION FOR YOUR COMMISSION IS CONTAINED, PROVIDES:

IN EXPENDING APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS CONTAINED IN THIS ACT, FOR THE PAYMENT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS AMENDED, THE AVERAGE OF THE SALARIES OF THE TOTAL NUMBER OF PERSONS UNDER ANY GRADE IN ANY BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT SHALL NOT AT ANY TIME EXCEED THE AVERAGE OF THE COMPENSATION RATES SPECIFIED FOR THE GRADE BY SUCH ACT, AS AMENDED: PROVIDED FURTHER, THAT THIS RESTRICTION SHALL NOT APPLY * * * TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE, IN THE SAME OR DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT. * * *

SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, PROVIDES:

NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1934: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION: PROVIDED FURTHER, THAT THE RESTORATION OF EMPLOYEES TO THEIR FORMER GRADES OR THEIR ADVANCEMENT TO INTERMEDIATE GRADES FOLLOWING REDUCTIONS OF COMPENSATION FOR DISCIPLINARY REASONS SHALL NOT BE CONSTRUED TO BE ADMINISTRATIVE PROMOTIONS FOR THE PURPOSES OF THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT AND ENLISTED PERSONNEL, AND CADETS, OF THE COAST GUARD.

THIS PROVISION WAS CONTINUED FOR THE FISCAL YEAR 1935 BY SECTION 24 (B) OF THE ACT OF MARCH 28, 1934. AS THE MINIMUM SALARY RATE IN CAF-5 WOULD REQUIRE A REDUCTION IN THE EMPLOYEE'S COMPENSATION, AND THERE IS NO RATE OF $2,040 IN CAF-5, THE EMPLOYEE MAY BE GIVEN THE SALARY RATE IN CAF-5 NEXT ABOVE THAT WHICH HE IS NOW IN RECEIPT OF, OR $2,100 PER ANNUM.