B-111567, SEPTEMBER 15, 1952, 32 COMP. GEN. 135

B-111567: Sep 15, 1952

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COMPENSATION - WITHIN-GRADE ADVANCEMENTS - TEMPORARY ALLOCATION OF POSITIONS THE SALARY RATE INCREASE RECEIVED BY AN EMPLOYEE INCIDENT TO THE TEMPORARY ALLOCATION OF HIS POSITION BY THE ADMINISTRATIVE OFFICE TO A HIGHER GRADE WHICH UPON REVIEW BY THE CIVIL SERVICE COMMISSION WAS ALLOCATED BACK TO THE ORIGINAL GRADE IS NOT AN "EQUIVALENT INCREASE IN COMPENSATION" SO AS TO START A NEW WAITING PERIOD FOR A PERIODIC WITHIN GRADE ADVANCEMENT. THE COMPENSATION OF AN EMPLOYEE WHOSE POSITION WAS TEMPORARILY ALLOCATED TO A HIGHER GRADE AND LATER ALLOCATED BACK TO THE ORIGINAL GRADE SHOULD BE COMPUTED AT THE RATE THE EMPLOYEE WOULD HAVE ATTAINED HAD THE POSITION BEEN PROPERLY ALLOCATED IN THE FIRST INSTANCE.

B-111567, SEPTEMBER 15, 1952, 32 COMP. GEN. 135

COMPENSATION - WITHIN-GRADE ADVANCEMENTS - TEMPORARY ALLOCATION OF POSITIONS THE SALARY RATE INCREASE RECEIVED BY AN EMPLOYEE INCIDENT TO THE TEMPORARY ALLOCATION OF HIS POSITION BY THE ADMINISTRATIVE OFFICE TO A HIGHER GRADE WHICH UPON REVIEW BY THE CIVIL SERVICE COMMISSION WAS ALLOCATED BACK TO THE ORIGINAL GRADE IS NOT AN "EQUIVALENT INCREASE IN COMPENSATION" SO AS TO START A NEW WAITING PERIOD FOR A PERIODIC WITHIN GRADE ADVANCEMENT. THE COMPENSATION OF AN EMPLOYEE WHOSE POSITION WAS TEMPORARILY ALLOCATED TO A HIGHER GRADE AND LATER ALLOCATED BACK TO THE ORIGINAL GRADE SHOULD BE COMPUTED AT THE RATE THE EMPLOYEE WOULD HAVE ATTAINED HAD THE POSITION BEEN PROPERLY ALLOCATED IN THE FIRST INSTANCE.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, SEPTEMBER 15, 1952:

REFERENCE IS MADE TO A LETTER DATED AUGUST 22, 1952, FROM H. V. STIRLING, DEPUTY ADMINISTRATOR, REQUESTING A DECISION (1) AS TO THE DATE ON WHICH AN EMPLOYEE WOULD BECOME ENTITLED TO A WITHIN GRADE STEP INCREASE WHERE HE WAS HOLDING A POSITION IN GRADE GS-8 OF ASSISTANT FINANCE OFFICER AT THE SALARY RATE OF $4,575 PER ANNUM, THE FOURTH STEP IN THAT GRADE, WHO ON AUGUST 19, 1951, TRANSFERRED TO ANOTHER STATION AND WAS ASSIGNED TO A POSITION OF FINANCE OFFICER, WHICH POSITION HAD BEEN TENTATIVELY ALLOCATED TO GRADE GS-9, AT A SALARY RATE OF $5,185 PER ANNUM, BUT WAS SUBSEQUENTLY ALLOCATED TO GS-8; AND (2) AS A RESULT OF THE REDUCTION OF THE ALLOCATION OF THE POSITION TO GS-8 WHAT WAS THE PROPER SALARY RATE TO WHICH THE EMPLOYEE WAS ENTITLED TO IN THAT GRADE.

UNDER THE PROVISIONS OF SECTION 502 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 958, 959, ALLOCATION AND REALLOCATION OF POSITION IN THE DEPARTMENTAL SERVICE MAY BE ACCOMPLISHED BY ADMINISTRATIVE ACTION, WHENEVER THE FACTS WARRANT, SUBJECT TO REVIEW BY THE CIVIL SERVICE COMMISSION. THE ALLOCATION OF THE POSITION INVOLVED TO GRADE GS-9 PENDING APPROVAL BY THE CLASSIFICATION SERVICE CENTRAL OFFICE AND BACK TO GRADE GS -8 CONSTITUTE MERELY CORRECTIONS OF THE INITIAL TENTATIVE ALLOCATION TO GRADE GS-9 AND CONSEQUENTLY, THE SALARY RATE ATTAINED IN GRADE GS-9, MAY NOT BE USED IN FIXING THE EMPLOYEE'S SALARY RATE WHEN THE ALLOCATION OF THE POSITION WAS REDUCED TO GS-8. NEITHER SHOULD THE TEMPORARY ALLOCATION IN THE HIGHER GRADE BE REGARDED AS AN ,EQUIVALENT INCREASE IN COMPENSATION.' RATHER, THE PROPER SALARY RATE FOR USE IN DETERMINING THE EMPLOYEE'S SALARY RATE IN GRADE GS-8 AT THE TIME OF THE FINAL ADMINISTRATIVE ACTION IN PLACING THE POSITION IN THAT GRADE, IS THE SALARY RATE THE EMPLOYEE WOULD HAVE ATTAINED HAD THE POSITION PROPERLY BEEN ALLOCATED BY THE CLASSIFICATION SERVICE CENTRAL OFFICE TO GRADE GS-8 IN THE FIRST INSTANCE, WHICH APPEARS TO BE THE SALARY RATE OF $5,120 PER ANNUM, AS INDICATED IN THE LETTER FROM THE DEPUTY ADMINISTRATOR. SEE 30 COMP. GEN. 319, AND 31 ID. 292; ALSO, SECTION 25.103 (B) (2) OF THE RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION. UPON THAT CONCLUSION THE EMPLOYEE WOULD BE ENTITLED TO ANOTHER PERIODIC STEP INCREASE IN SALARY 52 CALENDAR WEEKS FROM THE DATE OF HIS LAST STEP INCREASE WHICH IT IS STATED WOULD HAVE OCCURRED ON DECEMBER 9, 1951.