B-106173, DECEMBER 13, 1951, 31 COMP. GEN. 207

B-106173: Dec 13, 1951

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COMPENSATION - RATES - SIMULTANEOUS PROMOTION AND WITHIN-GRADE ADVANCEMENT AN EMPLOYEE WHO IS PROMOTED TO A HIGHER GRADE ON THE SAME DATE HE BECOMES ELIGIBLE FOR A WITHIN-GRADE ADVANCEMENT UNDER THE PROVISIONS OF SECTION 701 (A) OF THE CLASSIFICATION ACT OF 1949. IS ENTITLED TO HAVE SAID WITHIN-GRADE ADVANCEMENT INCLUDED IN HIS EXISTING RATE OF BASIC COMPENSATION IN FIXING UNDER SECTION 802 (B) HIS BASIC RATE OF COMPENSATION FOR THE HIGHER GRADE. 1951: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 19. A TYPICAL CASE IS SET FORTH IN THE LETTER. THE EMPLOYEE WAS PROMOTED TO SECRETARY. THE BASIC COMPENSATION FOR POSITION GS-4 IS $2875 WITH THE FIRST TWO STEP-INCREASES TO $2955 AND $3035. IT WAS HELD IN SUBSTANCE THAT AN EMPLOYEE WHOSE POSITION IS REALLOCATED TO A HIGHER GRADE ON THE SAME DATE THAT HE BECOMES ELIGIBLE FOR A WITHIN-GRADE ADVANCEMENT UNDER THE PROVISIONS OF SECTION 701 (A) OF THE CLASSIFICATION ACT OF 1949.

B-106173, DECEMBER 13, 1951, 31 COMP. GEN. 207

COMPENSATION - RATES - SIMULTANEOUS PROMOTION AND WITHIN-GRADE ADVANCEMENT AN EMPLOYEE WHO IS PROMOTED TO A HIGHER GRADE ON THE SAME DATE HE BECOMES ELIGIBLE FOR A WITHIN-GRADE ADVANCEMENT UNDER THE PROVISIONS OF SECTION 701 (A) OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, IS ENTITLED TO HAVE SAID WITHIN-GRADE ADVANCEMENT INCLUDED IN HIS EXISTING RATE OF BASIC COMPENSATION IN FIXING UNDER SECTION 802 (B) HIS BASIC RATE OF COMPENSATION FOR THE HIGHER GRADE.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, DECEMBER 13, 1951:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 19, 1951, REQUESTING A DECISION AS TO WHETHER THE RULE STATED IN OFFICE DECISION OF AUGUST 31, 1951, B-102982, 31 COMP. GEN. 62, TO THE SECRETARY OF THE TREASURY, WITH RESPECT TO THE GRANTING OF A PERIODIC WITHIN-GRADE PROMOTION EFFECTIVE UPON THE SAME DATE AS THE REALLOCATION OF A POSITION TO A HIGHER GRADE APPLIES TO PROMOTIONS TO A HIGHER GRADE.

A TYPICAL CASE IS SET FORTH IN THE LETTER, AS FOLLOWS:

A STENOGRAPHER, GRADE GS-3, $2810 PER ANNUM, MET THE REQUIREMENTS FOR A PERIODIC STEP-INCREASE TO $2890 PER ANNUM AT THE CLOSE OF BUSINESS, SEPTEMBER 29, 1951. THE EMPLOYEE WAS PROMOTED TO SECRETARY, GRADE GS-4, EFFECTIVE SEPTEMBER 30, 1951, THE BEGINNING OF A PAY PERIOD. THE BASIC COMPENSATION FOR POSITION GS-4 IS $2875 WITH THE FIRST TWO STEP-INCREASES TO $2955 AND $3035, RESPECTIVELY.

IN THE DECISION REFERRED TO ABOVE, IT WAS HELD IN SUBSTANCE THAT AN EMPLOYEE WHOSE POSITION IS REALLOCATED TO A HIGHER GRADE ON THE SAME DATE THAT HE BECOMES ELIGIBLE FOR A WITHIN-GRADE ADVANCEMENT UNDER THE PROVISIONS OF SECTION 701 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 967, AS AMENDED, IS ENTITLED TO HAVE THE SAID WITHIN-GRADE ADVANCEMENT INCLUDED IN HIS EXISTING RATE OF BASIC COMPENSATION IN FIXING, UNDER SECTION 802 (B) OF SAID ACT, 63 STAT. 969, HIS BASIC RATE OF COMPENSATION FOR THE HIGHER GRADE. AS SUGGESTED IN THE LAST PARAGRAPH OF YOUR LETTER, THE REASONING IN THE SAID DECISION APPLIES WITH EQUAL FORCE TO CASES INVOLVING PROMOTIONS TO A HIGHER GRADE. THEREFORE, IN THE CASE CITED, THE EMPLOYEE IS ENTITLED TO A BASIC SALARY OF $3,035 PER ANNUM.