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B-101892, FEB. 14, 1969

B-101892 Feb 14, 1969
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INQUIRES WHETHER OUR OFFICE WOULD HAVE ANY OBJECTION TO THE ISSUANCE OF A PROPOSED CIVIL SERVICE COMMISSION BULLETIN. A COPY OF WHICH WAS TRANSMITTED THEREWITH. RELATING TO THE EFFECTIVE DATE OF PAY INCREASES FOR EMPLOYEES IN THE EXECUTIVE SCHEDULE AND THE GENERAL SCHEDULE WHOSE PAY WILL BE AFFECTED BY THE PRESIDENT'S PAY RECOMMENDATIONS SUBMITTED TO THE CONGRESS IN HIS BUDGET ON JANUARY 15. THE NEXT TO LAST PARAGRAPH OF THE PROPOSED BULLETIN IS AS FOLLOWS: "THE PAY PERIOD FOR INCUMBENTS OF POSITIONS UNDER THE EXECUTIVE SCHEDULE GENERALLY IS MONTHLY. ALL INCUMBENTS OF POSITIONS UNDER THE GENERAL SCHEDULE WHO HAVE BEEN LIMITED TO THE RATE FOR LEVEL V. ARE PAID ON A BI-WEEKLY BASIS. THE EFFECTIVE DATE OF THE PAY INCREASE FOR THOSE WHOSE PAY PERIOD IS MONTHLY WILL BE MARCH 1.

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B-101892, FEB. 14, 1969

TO MR. HAMPTON:

YOUR LETTER OF FEBRUARY 4, 1969, INQUIRES WHETHER OUR OFFICE WOULD HAVE ANY OBJECTION TO THE ISSUANCE OF A PROPOSED CIVIL SERVICE COMMISSION BULLETIN, A COPY OF WHICH WAS TRANSMITTED THEREWITH, RELATING TO THE EFFECTIVE DATE OF PAY INCREASES FOR EMPLOYEES IN THE EXECUTIVE SCHEDULE AND THE GENERAL SCHEDULE WHOSE PAY WILL BE AFFECTED BY THE PRESIDENT'S PAY RECOMMENDATIONS SUBMITTED TO THE CONGRESS IN HIS BUDGET ON JANUARY 15, 1969.

THE NEXT TO LAST PARAGRAPH OF THE PROPOSED BULLETIN IS AS FOLLOWS:

"THE PAY PERIOD FOR INCUMBENTS OF POSITIONS UNDER THE EXECUTIVE SCHEDULE GENERALLY IS MONTHLY; SOME OF THESE INCUMBENTS, HOWEVER, AND ALL INCUMBENTS OF POSITIONS UNDER THE GENERAL SCHEDULE WHO HAVE BEEN LIMITED TO THE RATE FOR LEVEL V, ARE PAID ON A BI-WEEKLY BASIS. THE EFFECTIVE DATE OF THE PAY INCREASE FOR THOSE WHOSE PAY PERIOD IS MONTHLY WILL BE MARCH 1, 1969. THIS IS SO REGARDLESS OF WHETHER OR NOT THE INDIVIDUAL IS PAID ON A SEMI-MONTHLY BASIS AS A MATTER OF CONVENIENCE (SEE 47 COMP. GEN. 485). FOR THOSE PAID ON A BI-WEEKLY BASIS, THE EFFECTIVE DATE GENERALLY WILL BE FEBRUARY 23, 1969, BUT MAY BE FEBRUARY 16, 1969, DEPENDING UPON THE INDIVIDUAL EMPLOYEE'S PAY PERIOD. AGENCIES, THEREFORE, WILL HAVE TO DETERMINE THE EFFECTIVE DATE OF THE INCREASE ON AN INDIVIDUAL BASIS.'

WE NOTE THE STATEMENT IN THE QUOTED PARAGRAPH THAT "THE PAY PERIOD FOR INCUMBENTS OF POSITIONS UNDER THE EXECUTIVE SCHEDULE GENERALLY IS MONTHLY.' WHILE THE PAY PERIOD OF DEPARTMENT HEADS AND INCUMBENTS OF CERTAIN OTHER POSITIONS UNDER THE EXECUTIVE SCHEDULE IS MONTHLY, OUR UNDERSTANDING IS THAT THE MAJORITY OF EMPLOYEES COVERED BY SUCH SCHEDULE ARE PAID ON A BI-WEEKLY BASIS.

AS FAR AS WE HAVE BEEN ABLE TO DETERMINE THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING AFTER FEBRUARY 14 THAT IS APPLICABLE TO ANY POSITION SUBJECT TO THE EXECUTIVE SCHEDULE IS FEBRUARY 16, 1969, AND THAT DATE (FEBRUARY 16) IS THE EARLIEST DATE AN INCREASE MAY BE PLACED IN EFFECT FOR ANY POSITION UNDER SUCH SCHEDULE. INCUMBENTS OF POSITIONS UNDER THE EXECUTIVE SCHEDULE TO WHICH THE PAY PERIOD COMMENCING ON FEBRUARY 16 IS APPLICABLE WOULD RECEIVE THE INCREASE IN THAT PERIOD. INCUMBENTS OF POSITIONS UNDER SUCH SCHEDULE HAVING A DIFFERENT (LATER) PAY PERIOD WOULD NOT RECEIVE THE INCREASE UNTIL THE BEGINNING OF THE PAY PERIOD THAT IS APPLICABLE TO THEM.

BECAUSE OF THE RESTRICTION CONTAINED IN SECTION 216 OF PUBLIC LAW 90-206 THE INCREASES PROVIDED FOR CERTAIN POSITIONS IN EXECUTIVE ORDER NO. 11413, JUNE 11, 1968, CANNOT BE FULLY IMPLEMENTED UNTIL THE RATE FOR ANY POSITION IN LEVEL V OF THE EXECUTIVE SCHEDULE SHALL HAVE BEEN INCREASED. THE EARLIEST EFFECTIVE DATE OF THE INCREASE PROVIDED IN THE PRESIDENT'S RECOMMENDATIONS FOR ANY LEVEL V POSITION UNDER THE EXECUTIVE SCHEDULE THAT HAS COME TO OUR ATTENTION IS THE PAY PERIOD COMMENCING ON FEBRUARY 16, 1969. THEREFORE, ADJUSTMENTS IN THE PAY OF POSITIONS -- NOT UNDER THE EXECUTIVE SCHEDULE BUT WHICH WILL BE AFFECTED BY THE INCREASE PROVIDED FOR ANY LEVEL V POSITION OF THE EXECUTIVE SCHEDULE -- SHOULD BE MADE AT THE BEGINNING OF THE APPLICABLE PAY PERIOD OF THE INDIVIDUAL CONCERNED COMMENCING ON OR AFTER FEBRUARY 16, 1969.

WE HAVE NO OBJECTION TO THE ISSUANCE OF THE BULLETIN WITH THE MODIFICATION SUGGESTED IN THE THIRD PARAGRAPH ABOVE.

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