B-106989, JANUARY 23, 1952, 31 COMP. GEN. 327

B-106989: Jan 23, 1952

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AS AMENDED AN EMPLOYEE WHOSE UNCLASSIFIED POSITION WAS CLASSIFIED UNDER THE CLASSIFICATION ACT OF 1949 IN A GRADE WITH NO LONGEVITY STEP AND WHOSE RATE OF PAY. WHICH WAS ABOVE THE MAXIMUM SCHEDULED RATE OF THE GRADE. WAS SAVED UNDER SECTION 1105 (B) OF THE ACT. IS NOT ENTITLED TO A SALARY ADJUSTMENT UNDER SECTION 1 (B) OF THE INCREASED COMPENSATION AMENDMENT OF OCTOBER 24. AS THE EMPLOYEE'S SAVED SALARY IS LESS THAN THE NEW MAXIMUM SCHEDULED RATE ESTABLISHED BY THE INCREASED COMPENSATION AMENDMENT FOR THE GRADE HE IS ENTITLED. 1952: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10. WAGNER WHOSE POSITION WAS UNCLASSIFIED PRIOR TO THE CLASSIFICATION ACT OF 1949. WHICH WAS CLASSIFIED UNDER THAT ACT IN GS-13.

B-106989, JANUARY 23, 1952, 31 COMP. GEN. 327

COMPENSATION - UNCLASSIFIED POSITIONS CHANGED TO CLASSIFIED - SAVED COMPENSATION - INCREASES UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED AN EMPLOYEE WHOSE UNCLASSIFIED POSITION WAS CLASSIFIED UNDER THE CLASSIFICATION ACT OF 1949 IN A GRADE WITH NO LONGEVITY STEP AND WHOSE RATE OF PAY, WHICH WAS ABOVE THE MAXIMUM SCHEDULED RATE OF THE GRADE, WAS SAVED UNDER SECTION 1105 (B) OF THE ACT, IS NOT ENTITLED TO A SALARY ADJUSTMENT UNDER SECTION 1 (B) OF THE INCREASED COMPENSATION AMENDMENT OF OCTOBER 24, 1951, TO THE ACT; HOWEVER, AS THE EMPLOYEE'S SAVED SALARY IS LESS THAN THE NEW MAXIMUM SCHEDULED RATE ESTABLISHED BY THE INCREASED COMPENSATION AMENDMENT FOR THE GRADE HE IS ENTITLED, FROM THE EFFECTIVE DATE THEREOF, TO BE ADVANCED TO A HIGHER SALARY STEP UNDER THE WITHIN- GRADE PROMOTION PROVISIONS OF SECTION 701 OF THE ACT, AS AMENDED.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, JANUARY 23, 1952:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10, 1951, REQUESTING DECISION WITH RESPECT TO THE PROPER SALARY PAYABLE SINCE THE PASSAGE OF THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201, TO MR. CHARLES H. WAGNER WHOSE POSITION WAS UNCLASSIFIED PRIOR TO THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, BUT WHICH WAS CLASSIFIED UNDER THAT ACT IN GS-13, THE MAXIMUM SALARY RATE OF WHICH GRADE WAS $8,600 AT THAT TIME. HOWEVER, HE HAS BEEN PAID SINCE THAT TIME AT $9,000 PER YEAR, THE SALARY WHICH WAS SAVED TO HIM UNDER SECTION 1105B, 63 STAT. 972, OF THAT ACT.

SECTION B OF PUBLIC LAW 201, 65 STAT. 612, MAKES PROVISION FOR ADJUSTING INITIALLY SALARIES OF THOSE RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THAT ACT AT RATES OTHER THAN THE SCHEDULED OR LONGEVITY RATE PROVIDED BY THE CLASSIFICATION ACT OF 1949, AS FOLLOWS:

(A) IF HIS RATE IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT WAS LESS THAN THE MAXIMUM LONGEVITY RATE OF THE GRADE, HE SHALL BE PAID AT THE SCHEDULED OR LONGEVITY RATE WHICH HE WOULD RECEIVE UNDER PARAGRAPH (1) HAD HE BEEN RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE AT THE SCHEDULED OR LONGEVITY RATE NEXT HIGHER THAN HIS RATE OF BASIC COMPENSATION IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE.

(B) IF HIS RATE IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT WAS IN EXCESS OF THE MAXIMUM LONGEVITY RATE OF THE GRADE, HE SHALL BE PAID AT A RATE EQUAL TO THE RATE AT WHICH HE WAS PAID IMMEDIATELY PRIOR TO SUCH DATE, INCREASED BY AN AMOUNT EQUAL TO THE AMOUNT OF THE INCREASE MADE BY THIS ACT IN SUCH MAXIMUM LONGEVITY RATE.

AS THE $9,000 RATE EXCEEDED THE MAXIMUM SCHEDULED RATE OF GS-13 PRIOR TO JULY 8, 1951, THE EFFECTIVE DATE OF THE ACT OF OCTOBER 24, 1951, THERE WAS NO "SCHEDULED OR LONGEVITY RATE NEXT HIGHER THAN HIS BASIC RATE OF COMPENSATION IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE" WITHIN THE PURVIEW OF SUBPARAGRAPH (A), SUPRA. LIKEWISE, SUBPARAGRAPH (B) RELATES ONLY TO SALARIES IN EXCESS OF THE LONGEVITY RATE OF THE GRADE, BUT THERE IS NO LONGEVITY RATE IN GS-13. ACCORDINGLY, IT MUST BE HELD THAT NO PART OF SECTION B IS APPLICABLE TO THE CASE PRESENTED; NOR DO I FIND ANY OTHER PROVISION IN THE ACT OF OCTOBER 24, 1951, WHICH WOULD HAVE APPLICATION EXCEPT AS HEREINAFTER STATED. COMPARE B-106337, NOVEMBER 6, 1951, 31 COMP. GEN. 166, QUESTION 11.

THE NEW SCHEDULED SALARY RATES FOR GS-13 ARE $8,360, $8,560, $8,760, $8,960, $9,160, AND $9,360. SECTION 701 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY THE ACT OF SEPTEMBER 30, 1950, PUBLIC LAW 873, 64 STAT. 1100, PROVIDES AS FOLLOWS:

SEC. 701. EACH OFFICER OR EMPLOYEE COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING A PERMANENT POSITION WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAS NOT ATTAINED THE MAXIMUM SCHEDULED RATE OF COMPENSATION FOR THE GRADE IN WHICH HIS POSITION IS PLACED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF (1) EACH FIFTY-TWO CALENDAR WEEKS OF SERVICE IF HIS POSITION IS IN A GRADE IN WHICH THE STEP-INCREASES ARE LESS THAN $200, OR (2) EACH SEVENTY- EIGHT CALENDAR WEEKS OF SERVICE IF HIS POSITION IS IN A GRADE IN WHICH THE STEP-INCREASES ARE $200 OR MORE, SUBJECT TO THE FOLLOWING CONDITIONS:

(A) THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING SUCH PERIOD, EXCEPT INCREASE MADE PURSUANT TO SECTION 702 OR 1002;

(B) THAT HE HAS A CURRENT PERFORMANCE RATING OF " SATISFACTORY" OR BETTER

THE SALARY OF $9,000 IS LESS THAN THE PRESENT MAXIMUM SCHEDULED RATE OF GRADE GS-13, AND THE EMPLOYEE APPARENTLY HAD MORE THAN 78 WEEKS OF SERVICE PRIOR TO JULY 8, 1951. ACCORDINGLY, IF HE HAD A SATISFACTORY EFFICIENCY RATING ON THAT DATE, HE AUTOMATICALLY BECAME ENTITLED TO THE BENEFITS OF SECTION 701 AS OF JULY 8, 1951, AND AS HIS ADVANCE TO THE NEXT STEP ABOVE $9,000, THAT IS, TO $9,160, WOULD NOT GIVE HIM AN EQUIVALENT INCREASE IN COMPENSATION ($200), HE IS ENTITLED TO BE ADVANCED TO THE SCHEDULED RATE OF $9,360. AN ADJUSTMENT IN HIS SALARY TO THE RATE OF $9,360, EFFECTIVE JULY 8, 1951, MAY BE MADE ACCORDINGLY.