B-105089, AUGUST 31, 1951, 31 COMP. GEN. 63

B-105089: Aug 31, 1951

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1951: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9. SINCE YOU STATE THE VOUCHER IS BEFORE YOU FOR CERTIFICATION INVOLVING THE QUESTION PRESENTED. THE FAILURE TO FORWARD THE VOUCHER IN THIS CASE WILL BE WAIVED. IT WAS HELD THAT EMPLOYEES OF FEDERAL LAND BANKS WERE NOT RECEIVING A SALARY FROM THE UNITED STATES WITHIN THE PURVIEW OF THE ACT OF MAY 10. EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED. (B) (6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD.

B-105089, AUGUST 31, 1951, 31 COMP. GEN. 63

COMPENSATION - LONGEVITY INCREASE - CLASSIFICATION ACT OF 1949 - FEDERAL LAND BANK EMPLOYMENT THE SERVICE OF AN EMPLOYEE WITH A FEDERAL LAND BANK, OTHER THAN EMPLOYMENT AS A FEDERAL LAND BANK APPRAISER, MAY NOT BE CONSIDERED AS SERVICE IN A FEDERAL POSITION WITHIN THE MEANING OF THE CLASSIFICATION ACT OF 1949 IN COMPUTING UNDER SECTION 703 (A) THE PERIOD REQUIRED FOR A LONGEVITY STEP-INCREASE IN COMPENSATION.

COMPTROLLER GENERAL WARREN TO J. L. WILKINSON, DEPARTMENT OF AGRICULTURE, AUGUST 31, 1951:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9, 1951, STATING THAT THERE HAS BEEN PRESENTED TO YOU FOR PAYROLLING AND CERTIFICATION FOR PAYMENT STANDARD FORM 1126, REPRESENTING A LONGEVITY PAYMENT EFFECTIVE OCTOBER 15, 1960, TO ALICE L. ROUX, AN EMPLOYEE OF THE FARM CREDIT ADMINISTRATION, AND YOU REQUEST DECISION WHETHER PRIOR SERVICE OF THE EMPLOYEE WITH THE FEDERAL LAND BANK OF NEW ORLEANS MAY BE COUNTED IN COMPUTING THE PERIOD FOR LONGEVITY CREDIT. YOU REFER TO CIVIL SERVICE REGULATION R5-17, FEDERAL PERSONNEL MANUAL, WHICH AUTHORIZES THE COUNTING OF SERVICE WITH FEDERAL LAND BANKS FOR RETIREMENT PURPOSES AND WHICH REGULATION INTIMATES THAT THE SAME SERVICES MAY BE COUNTED FOR OTHER CIVIL SERVICE PURPOSES.

ORDINARILY, A REQUEST BY AN AUTHORIZED CERTIFYING OFFICER FOR DECISION MUST BE ACCOMPANIED BY THE VOUCHER IN QUESTION. 21 COMP. GEN. 1128. HOWEVER, SINCE YOU STATE THE VOUCHER IS BEFORE YOU FOR CERTIFICATION INVOLVING THE QUESTION PRESENTED, AND TO AVOID DELAY, THE FAILURE TO FORWARD THE VOUCHER IN THIS CASE WILL BE WAIVED.

IN DECISION OF THIS OFFICE, MAY 20, 1937, A-85927, IT WAS HELD THAT EMPLOYEES OF FEDERAL LAND BANKS WERE NOT RECEIVING A SALARY FROM THE UNITED STATES WITHIN THE PURVIEW OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED. SEE 16 COMP. GEN. 1123, DISTINGUISHING LAND BANK APPRAISERS FROM EMPLOYEES OF FEDERAL LAND BANKS--- APPRAISERS BEING CONSIDERED EMPLOYEES OF THE FEDERAL GOVERNMENT.

SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, 969, PROVIDES:

SUBJECT TO SUBSECTION (B), AND AS A REWARD FOR LONG AND FAITHFUL SERVICE, EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT CHANGE OF GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH CHANGE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL APPLICATION.

(B) (6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD, IN THE AGGREGATE, NOT LESS THAN TEN YEARS OF SERVICE IN THE POSITION WHICH HE THEN OCCUPIES, OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE.

SINCE A CLERK-STENOGRAPHER WITH A FEDERAL LAND BANK DOES NOT APPEAR TO BE A FEDERAL EMPLOYEE, IT WOULD SEEM TO FOLLOW THAT EMPLOYMENT AS SUCH CANNOT WITHIN THE MEANING OF THE ACT, SUPRA, BE CONSIDERED SERVICE IN A FEDERAL POSITION "OF EQUIVALENT OR HIGHER CLASS OR GRADE" TO THAT PRESENTLY OCCUPIED IN THE FARM CREDIT ADMINISTRATION. ACCORDINGLY, ON THE BASIS OF THE REPORTED FACTS, ANY VOUCHER COVERING PAYMENT FOR LONGEVITY BASED IN WHOLE OR IN PART UPON CREDIT FOR SERVICE IN A FEDERAL LAND BANK MAY NOT BE CERTIFIED FOR PAYMENT.