B-107683, FEBRUARY 8, 1952, 31 COMP. GEN. 367

B-107683: Feb 8, 1952

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A DEMOTED EMPLOYEE WHOSE SALARY WAS REDUCED BY THE ADMINISTRATIVE OFFICE TO MATCH THE SALARY RATE OF OTHER EMPLOYEES HOLDING SIMILAR POSITIONS IS NOT ENTITLED TO AN ADDITIONAL AMOUNT REGARDLESS OF THE REASON FOR THE ADMINISTRATIVE DETERMINATION. 1952: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 27. THE DISALLOWANCE WAS FOR THE REASON THAT THE RECORDS SHOW THAT UPON CHANGE IN GRADE JANUARY 13. FROM CAF-9 IN WHICH YOUR SALARY WAS $4. YOUR SALARY WAS ADMINISTRATIVELY FIXED AT THE SECOND STEP IN CAF-7 OR $3. THAT WAS WITHIN THE ADMINISTRATIVE DISCRETION TO SO FIX YOUR SALARY SO LONG AS IT DID NOT EXCEED THE HIGHEST SALARY PREVIOUSLY EARNED. YOU APPEAR TO CONTEND THAT YOU SHOULD HAVE BEEN GIVEN A HIGHER RATE AND IN SUPPORT OF YOUR CONTENTION YOU ENCLOSE A STATEMENT SIGNED BY RALPH F.

B-107683, FEBRUARY 8, 1952, 31 COMP. GEN. 367

COMPENSATION - INITIAL SALARY RATE - TRANSFER, PROMOTION, DEMOTION, REINSTATEMENT, OR REEMPLOYMENT - ADMINISTRATIVE DISCRETION THE INITIAL SALARY RATE OF AN EMPLOYEE IN A CLASSIFIED POSITION TO WHICH TRANSFERRED, PROMOTED, DEMOTED, REINSTATED, OR REEMPLOYED MAY BE FIXED BY THE ADMINISTRATIVE OFFICE AT ANY RATE ABOVE THE MINIMUM OF THE GRADE THAT DOES NOT EXCEED THE HIGHEST SALARY RATE PREVIOUSLY RECEIVED IN ANY CLASSIFIED GOVERNMENT POSITION, AND THEREFORE, A DEMOTED EMPLOYEE WHOSE SALARY WAS REDUCED BY THE ADMINISTRATIVE OFFICE TO MATCH THE SALARY RATE OF OTHER EMPLOYEES HOLDING SIMILAR POSITIONS IS NOT ENTITLED TO AN ADDITIONAL AMOUNT REGARDLESS OF THE REASON FOR THE ADMINISTRATIVE DETERMINATION.

COMPTROLLER GENERAL WARREN TO CHRISTOPHER A. PISCOPO, FEBRUARY 8, 1952:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 27, 1951, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 10, 1951, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE ON ACCOUNT OF UNDERPAYMENT OF SALARY FOR SERVICES RENDERED AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, QUARTERMASTER DEPOT, CHICAGO, ILLINOIS, INCIDENT TO A CHANGE IN YOUR POSITION. THE DISALLOWANCE WAS FOR THE REASON THAT THE RECORDS SHOW THAT UPON CHANGE IN GRADE JANUARY 13, 1947, FROM CAF-9 IN WHICH YOUR SALARY WAS $4,149.60 PER ANNUM TO CAF-7, YOUR SALARY WAS ADMINISTRATIVELY FIXED AT THE SECOND STEP IN CAF-7 OR $3,522.60, AND THAT WAS WITHIN THE ADMINISTRATIVE DISCRETION TO SO FIX YOUR SALARY SO LONG AS IT DID NOT EXCEED THE HIGHEST SALARY PREVIOUSLY EARNED. YOU APPEAR TO CONTEND THAT YOU SHOULD HAVE BEEN GIVEN A HIGHER RATE AND IN SUPPORT OF YOUR CONTENTION YOU ENCLOSE A STATEMENT SIGNED BY RALPH F. CANTRELL RECITING VARIOUS CIRCUMSTANCES SURROUNDING YOUR CHANGE IN GRADE AND THE FIXING OF YOUR SALARY IN THE LOWER GRADE AND THAT IT WAS MAJOR SHIELDS' OPINION THAT YOUR PAY SHOULD BE REDUCED TO MATCH THE SALARY OF OTHER BRANCH CHIEFS IN THE STOCK CONTROL DIVISION AND THAT IT WAS FIXED ACCORDINGLY.

IN 26 COMP. GEN. 368, IT WAS HELD:

THE INITIAL SALARY RATE OF AN EMPLOYEE IN A CLASSIFIED POSITION TO WHICH TRANSFERRED, PROMOTED, DEMOTED, REINSTATED, OR REEMPLOYED MAY, WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE--- IF APPROPRIATIONS ARE AVAILABLE --- BE FIXED AT SUCH A RATE ABOVE THE MINIMUM OF THE GRADE AS WILL NOT EXCEED THE HIGHEST SALARY ATTAINED IN ANY PRIOR GOVERNMENT POSITION, * *

IT WILL BE NOTED THAT THE FIXING OF ANY RATE ABOVE THE MINIMUM OF THE GRADE TO WHICH DEMOTED IS WITHIN THE ADMINISTRATIVE DISCRETION SO LONG AS IT DOES NOT EXCEED THE HIGHEST RATE PREVIOUSLY RECEIVED IN ANY CLASSIFIED POSITION. IT COULD HAVE BEEN FIXED AT THE MINIMUM RATE OF THE GRADE HAD THE ADMINISTRATIVE OFFICE SO DETERMINED AND THE REASON FOR THE ADMINISTRATIVE DETERMINATION IS NOT MATERIAL. AS YOU WERE PAID AT THE RATE ADMINISTRATIVELY FIXED THERE IS NOTHING FURTHER DUE YOU.