B-104166, JULY 25, 1951, 31 COMP. GEN. 15

B-104166: Jul 25, 1951

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

COMPENSATION - INITIAL SALARY RATES - CORRECTION OF ADMINISTRATIVE ERROR THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM. THEREFORE THE CORRECTION OF AN ADMINISTRATIVE ERROR MADE IN FIXING THE SALARY OF AN EMPLOYEE UPON REEMPLOYMENT AT A LOWER RATE THAN THE HIGHEST SALARY RATE PREVIOUSLY HELD BY SUCH EMPLOYEE CAN BE ACCOMPLISHED ONLY BY ADMINISTRATIVE ACTION AND UPON SHOWING THAT AN ADMINISTRATIVE ERROR WAS IN FACT MADE IN FIXING THE ORIGINAL SALARY RATE UPON REEMPLOYMENT. 1951: REFERENCE IS MADE TO YOUR LETTER OF MAY 29. THE DISALLOWANCE WAS FOR THE REASON THAT THE RECORDS SHOW YOU HAD BEEN PAID THE SALARY FIXED BY THE CLASSIFICATION ACT FOR THE GRADES HELD BY YOU.

B-104166, JULY 25, 1951, 31 COMP. GEN. 15

COMPENSATION - INITIAL SALARY RATES - CORRECTION OF ADMINISTRATIVE ERROR THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM, AND THEREFORE THE CORRECTION OF AN ADMINISTRATIVE ERROR MADE IN FIXING THE SALARY OF AN EMPLOYEE UPON REEMPLOYMENT AT A LOWER RATE THAN THE HIGHEST SALARY RATE PREVIOUSLY HELD BY SUCH EMPLOYEE CAN BE ACCOMPLISHED ONLY BY ADMINISTRATIVE ACTION AND UPON SHOWING THAT AN ADMINISTRATIVE ERROR WAS IN FACT MADE IN FIXING THE ORIGINAL SALARY RATE UPON REEMPLOYMENT.

ACTING COMPTROLLER GENERAL YATES TO JAMES M. HAMLIN, JULY 25, 1951:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1951, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 17, 1951, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN SALARY BETWEEN $5,599.50 AND $5,756.25, DURING THE PERIOD NOVEMBER 22, 1948 TO DECEMBER 25, 1948, AND BETWEEN THE RATE OF $4,479.60 AND $4,605 PER ANNUM DURING THE PERIOD DECEMBER 26, 1948 TO JULY 9, 1949, TOGETHER WITH 10 PERCENT POST DIFFERENTIAL. THE DISALLOWANCE WAS FOR THE REASON THAT THE RECORDS SHOW YOU HAD BEEN PAID THE SALARY FIXED BY THE CLASSIFICATION ACT FOR THE GRADES HELD BY YOU. IN YOUR REQUEST FOR REVIEW YOU FORWARDED COPY OF CIVILIAN PERSONNEL MEMORANDUM NO. 62 ISSUED BY THE HEADQUARTERS EUROPEAN COMMAND, DECEMBER 7, 1948, PROMULGATING REGULATIONS UNDER WHICH RETROACTIVE ADJUSTMENTS IN COMPENSATION MAY BE MADE EVIDENTLY FOR THE PURPOSE OF CORRECTING ADMINISTRATIVE ERRORS MADE IN FIXING THE SALARIES OF EMPLOYEES UPON REEMPLOYMENT AT LOWER RATES THAN THE HIGHEST SALARY RATE PREVIOUSLY HELD BY SUCH EMPLOYEE.

THE CORRECTION OF SUCH ADMINISTRATIVE ERRORS CAN BE ACCOMPLISHED ONLY BY ADMINISTRATIVE ACTION AND UPON SHOWING THAT AN ADMINISTRATIVE ERROR WAS, IN FACT, MADE IN FIXING THE ORIGINAL SALARY RATE UPON REEMPLOYMENT. THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM, AND IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO FIX THE INITIAL SALARY RATE AT THE MINIMUM SALARY OF THE GRADE TO WHICH APPOINTED. ACCORDINGLY, IN THE ABSENCE OF AN ADMINISTRATIVE REPORT SHOWING A BONA FIDE ERROR IN FIXING YOUR INITIAL SALARY RATE AND THE ADMINISTRATIVE DESIRE TO MAKE CORRECTION THEREIN, THE SETTLEMENT APPEARS CORRECT AND UPON REVIEW IT MUST BE, AND IS, SUSTAINED.