A-72162, MARCH 14, 1936, 15 COMP. GEN. 797

A-72162: Mar 14, 1936

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WITHOUT REDUCTION IN SALARY WHERE THE RETAINED SALARY IS WITHIN THE GRADE FOR COMPARABLE SERVICE. BE APPOINTED TO A POSITION UNDER THE CLASSIFIED SERVICE AT THE SAME SALARY WHEN THAT SALARY IS NOT THE INITIAL OR STARTING SALARY OF THE PARTICULAR GRADE UNDER CLASSIFIED SERVICE? 620.00 WHICH IS WITHIN THE CAF 2 GRADE. AN EARLY RULING ON THIS QUESTION WILL BE HELPFUL IN EXPEDITING THE SUBMITTAL OF THE PAY ROLL FOR THE PERIOD MARCH 1ST TO 15TH. THE QUESTION PRESENTED IS SUBSTANTIALLY IDENTICAL WITH THAT COVERED IN DECISION OF AUGUST 6.

A-72162, MARCH 14, 1936, 15 COMP. GEN. 797

OFFICERS AND EMPLOYEES - TRANSFERS - EMERGENCY TO REGULAR POSITIONS AN EMPLOYEE PAID FROM EMERGENCY FUNDS AND CLASSIFIED UNDER EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, MAY BE TRANSFERRED TO A POSITION SUBJECT TO THE CLASSIFICATION ACT, WITHOUT REDUCTION IN SALARY WHERE THE RETAINED SALARY IS WITHIN THE GRADE FOR COMPARABLE SERVICE, EVEN THOUGH IN EXCESS OF THE INITIAL STEP WITHIN THE GRADE. 15 COMP. GEN. 102.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, NATIONAL BITUMINOUS COAL COMMISSION, MARCH 14, 1936:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 10, 1936, AS FOLLOWS:

MAY WE PRESENT FOR YOUR CONSIDERATION THE QUESTION AS TO WHETHER AN EMPLOYEE BEING TRANSFERRED FROM AN ORGANIZATION PAID FROM EMERGENCY FUNDS AND CLASSIFIED WITHIN "EXECUTIVE ORDER" GRADES AS COVERED BY EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, BE APPOINTED TO A POSITION UNDER THE CLASSIFIED SERVICE AT THE SAME SALARY WHEN THAT SALARY IS NOT THE INITIAL OR STARTING SALARY OF THE PARTICULAR GRADE UNDER CLASSIFIED SERVICE?

TO CITE A CONCRETE INSTANCE, MAY A CLERK-STENOGRAPHER CLASSIFIED IN AN ORGANIZATION FINANCED BY EMERGENCY FUNDS AT EO GRADE 4, $1,620.00 PER ANNUM, BE TRANSFERRED TO THE PAY ROLLS OF THIS ORGANIZATION UNDER THE CLASSIFIED SERVICE AND PERFORMING A COMPARABLE SERVICE UNDER GRADE CAF 2, BEGINNING AT $1,440.00 PER ANNUM, RETAIN THE SALARY OF $1,620.00 WHICH IS WITHIN THE CAF 2 GRADE, OR MUST THE APPOINTMENT BE MADE AT THE INITIAL SALARY, OR $1,440.00 PER ANNUM?

AN EARLY RULING ON THIS QUESTION WILL BE HELPFUL IN EXPEDITING THE SUBMITTAL OF THE PAY ROLL FOR THE PERIOD MARCH 1ST TO 15TH.

THE QUESTION PRESENTED IS SUBSTANTIALLY IDENTICAL WITH THAT COVERED IN DECISION OF AUGUST 6, 1935, A-64247, COPY HEREWITH, REPORTED IN 15 COMP. GEN. 102, HOLDING AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE FROM AN EMERGENCY POSITION CLASSIFIED UNDER EXECUTIVE ORDER TO A REGULAR POSITION CLASSIFIED UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, NEED NOT BE REGARDED AS A NEW APPOINTMENT REQUIRING PAYMENT OF THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED, BUT THERE MAY BE PAID A SALARY RATE PRESCRIBED BY THE CLASSIFICATION ACT NOT IN EXCESS OF THE RATE RECEIVED UNDER THE EXECUTIVE ORDER.

APPLYING THIS RULE TO THE CASE PRESENTED, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO THE INITIAL PAYMENT OF SALARY AT THE RATE OF $1,620 PER ANNUM TO THE CLERK-STENOGRAPHER TRANSFERRED TO THE NATIONAL BITUMINOUS COAL COMMISSION.