B-107026, JANUARY 10, 1952, 31 COMP. GEN. 266

B-107026: Jan 10, 1952

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COMPENSATION - RATES - POSITION ALLOCATIONS AND REALLOCATIONS INASMUCH AS ALLOCATIONS OR REALLOCATIONS OF POSITIONS TO HIGHER GRADES ARE CONSIDERED PROMOTIONS WITHIN THE PURVIEW OF SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949. AN EMPLOYEE WHOSE POSITION IS REALLOCATED TO A HIGHER GRADE IS ENTITLED TO HAVE HIS SALARY RATE FIXED AT THE LOWEST RATE IN THE HIGHER GRADE WHICH EXCEEDS HIS PREVIOUS RATE IN THE LOWER GRADE FROM WHICH ADVANCED BY AT LEAST ONE STEP. 1952: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10. TO CPC 7 IN WHICH HIGHER GRADE HIS SALARY WAS FIXED ADMINISTRATIVELY AT $3125. THE EMPLOYEE CONTENDS THAT HIS SALARY SHOULD HAVE BEEN ADVANCED AT LEAST ONE STEP OVER THE SALARY RECEIVED BY HIM IN THE LOWER GRADE IN ACCORDANCE WITH SECTION 802-B OF THE CLASSIFICATION ACT OF 1949.

B-107026, JANUARY 10, 1952, 31 COMP. GEN. 266

COMPENSATION - RATES - POSITION ALLOCATIONS AND REALLOCATIONS INASMUCH AS ALLOCATIONS OR REALLOCATIONS OF POSITIONS TO HIGHER GRADES ARE CONSIDERED PROMOTIONS WITHIN THE PURVIEW OF SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949, AN EMPLOYEE WHOSE POSITION IS REALLOCATED TO A HIGHER GRADE IS ENTITLED TO HAVE HIS SALARY RATE FIXED AT THE LOWEST RATE IN THE HIGHER GRADE WHICH EXCEEDS HIS PREVIOUS RATE IN THE LOWER GRADE FROM WHICH ADVANCED BY AT LEAST ONE STEP.

COMPTROLLER GENERAL WARREN TO A. R. PILKERTON, GOVERNMENT OF THE DISTRICT OF COLUMBIA, JANUARY 10, 1952:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10, 1951, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT OF $46.14 TO SAMUEL H. HINES, AN EMPLOYEE OF THE SEWAGE TREATMENT PLANT OF THE DISTRICT OF COLUMBIA, THE AMOUNT WHICH HE CLAIMS TO BE DUE BY REASON OF THE REALLOCATION OF HIS POSITION EFFECTIVE NOVEMBER 13, 1949, FROM CPC-6 WITH A SALARY OF $3060, TO CPC 7 IN WHICH HIGHER GRADE HIS SALARY WAS FIXED ADMINISTRATIVELY AT $3125.

THE EMPLOYEE CONTENDS THAT HIS SALARY SHOULD HAVE BEEN ADVANCED AT LEAST ONE STEP OVER THE SALARY RECEIVED BY HIM IN THE LOWER GRADE IN ACCORDANCE WITH SECTION 802-B OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 969 WHICH PROVIDES:

(B) ANY OFFICER OR EMPLOYEE WHO IS PROMOTED OR TRANSFERRED TO A POSITION IN A HIGHER GRADE SHALL RECEIVE BASIC COMPENSATION AT THE LOWEST RATE OF SUCH HIGHER GRADE WHICH EXCEEDS HIS EXISTING RATE OF BASIC COMPENSATION BY NOT LESS THAN ONE STEP-INCREASE OF THE GRADE FROM WHICH HE IS PROMOTED OR TRANSFERRED. * * *

REGULATIONS PROMULGATED BY THE CIVIL SERVICE COMMISSION UNDER AUTHORITY OF THE CLASSIFICATION ACT OF 1949 ( PERSONNEL MANUAL, Z-1 312.02 PARAGRAPH 25.102E) AND MADE EFFECTIVE OCTOBER 28, 1949, DEFINED THE WORD "PROMOTION" AS FOLLOWS:

PROMOTION IS A CHANGE FROM ONE POSITION TO ANOTHER POSITION OF HIGHER GRADE, WHILE CONTINUOUSLY EMPLOYED IN THE SAME AGENCY.

THAT DEFINITION WAS MODIFIED BY THE CIVIL SERVICE COMMISSION, EFFECTIVE NOVEMBER 18, 1950, TO READ AS FOLLOWS:

PROMOTION IS THE ADVANCEMENT OF AN EMPLOYEE WHILE CONTINUOUSLY EMPLOYED TO A HIGHER CLASSIFICATION ACT GRADE, OR FROM A LOWER RATE PAID UNDER AUTHORITY OTHER THAN THE CLASSIFICATION ACT TO A HIGHER RATE WITHIN A CLASSIFICATION ACT GRADE.

THERE APPEARS NO DOUBT BUT THAT HAD THE AMENDED REGULATION BEEN IN EFFECT AT THE TIME OF THE REALLOCATION IN THIS CASE, THE REALLOCATION WOULD HAVE BEEN CONSIDERED A PROMOTION WITHIN THE PURVIEW OF SECTION 802-B. BUT YOUR DOUBT IN THE MATTER APPEARS TO ARISE BECAUSE OF THE MORE LIMITED DEFINITION OF PROMOTION IN THE EARLIER REGULATION.

SECTION 25.104 OF THE CIVIL SERVICE REGULATIONS EMBODIES THE REGULATION UNDER SAID SECTION 802-B IN THE FOLLOWING LANGUAGE:

AN EMPLOYEE PROMOTED, REPROMOTED OR TRANSFERRED TO A HIGHER GRADE BETWEEN CLASSIFICATION ACT POSITIONS OR GRADES SHALL RECEIVE BASIC COMPENSATION AT THE LOWEST RATE OF SUCH HIGHER GRADE WHICH EXCEEDS HIS EXISTING RATE OF BASIC COMPENSATION BY NOT LESS THAN ONE STEP-INCREASE OF THE GRADE FROM WHICH HE IS TRANSFERRED OR PROMOTED, UNLESS A HIGHER RATE IS AUTHORIZED UNDER THE PROVISIONS OF SECTION 25.103 (B). IF THERE IS NO RATE IN SUCH HIGHER GRADE WHICH IS AT LEAST A ONE-STEP INCREASE ABOVE HIS EXISTING RATE OF BASIC COMPENSATION, HE SHALL RECEIVE THE MAXIMUM SCHEDULED RATE OF SUCH HIGHER GRADE, OR HIS EXISTING RATE, WHICHEVER IS THE HIGHER.

IN APPLYING THE PROVISIONS OF SECTION 802-B OF THE CLASSIFICATION ACT OF 1949, THIS OFFICE--- DESPITE THE ORIGINAL DEFINITION OF THE WORD "PROMOTION," SUPRA--- HAS CONSIDERED ALL UPWARD CHANGES IN CLASSIFICATION GRADES APPLICABLE TO A POSITION BY ALLOCATION OR REALLOCATION AS PROMOTIONS, MAKING NO DISTINCTION IN THAT CONNECTION BETWEEN ALLOCATION AND REALLOCATION. SEE 30 COMP. GEN. 319 INVOLVING A NUMBER OF DISTRICT OF COLUMBIA EMPLOYEES, AND ALSO, 31 COMP. GEN. 62. ACCORDINGLY, THE REALLOCATION OF THE POSITION OF MR. HINES PROPERLY MAY BE CONSIDERED AS A PROMOTION, AND HIS SALARY SHOULD HAVE BEEN FIXED, BEGINNING WITH THE EFFECTIVE DATE OF SUCH REALLOCATION AT THE LOWEST SALARY RATE IN CPC-7 AS WOULD EXCEED HIS PREVIOUS SALARY RATE IN CPC-6 BY AN AMOUNT EQUAL TO AT LEAST ONE STEP IN THE GRADE FROM WHICH ADVANCED.

THE VOUCHER WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.