B-125516, SEP. 30, 1955

B-125516: Sep 30, 1955

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160 PER ANNUM FROM THE DATE IT WAS FIRST SO FIXED UNTIL THE PRESENT TIME AND ASSERTS A CLAIM FOR THE DIFFERENCE BETWEEN THE SALARY RATES OF WHICH YOU WOULD HAVE BEEN IN RECEIPT EXCEPT FOR THE DEMOTIONS AND THE SALARY RATES ACTUALLY RECEIVED BY YOU DURING THE PERIOD OCTOBER 30. YOU WERE REDUCED IN GRADE TO GS-5 AND GIVEN THE TOP SALARY RATE OF THAT GRADE. THAT RATE WAS INCREASED TO $3. YOU WERE DEMOTED TO GS-3 AND GIVEN THE TOP SALARY RATE OF THAT GRADE. NOTICES OF THE PROPOSED DEMOTIONS WERE GIVEN YOU AT THE TIME EXPLAINING THE NECESSITY THEREFOR. THE FIRST DEMOTION WAS REQUIRED BY PERSONNEL READJUSTMENTS TO MEET OPERATING REQUIREMENTS IN THE AUDIT DIVISION. THE SECOND WAS OCCASIONED BY A REDUCTION-IN-FORCE PROGRAM.

B-125516, SEP. 30, 1955

TO MISS LAURA YOUNG:

YOUR COMPLAINT, SUBSCRIBED AND SWORN TO SEPTEMBER 7, 1955, REQUESTS THAT YOUR SALARY AS AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE BE RETROACTIVELY ESTABLISHED AT THE RATE OF $4,160 PER ANNUM FROM THE DATE IT WAS FIRST SO FIXED UNTIL THE PRESENT TIME AND ASSERTS A CLAIM FOR THE DIFFERENCE BETWEEN THE SALARY RATES OF WHICH YOU WOULD HAVE BEEN IN RECEIPT EXCEPT FOR THE DEMOTIONS AND THE SALARY RATES ACTUALLY RECEIVED BY YOU DURING THE PERIOD OCTOBER 30, 1949, TO THE PRESENT TIME.

PRIOR TO OCTOBER 30, 1949, YOU OCCUPIED A POSITION CLASSIFIED IN CAF OR GS-7 AND HAD REACHED THE SALARY RATE OF $4,103.40. ON OCTOBER 30, 1949, YOU WERE REDUCED IN GRADE TO GS-5 AND GIVEN THE TOP SALARY RATE OF THAT GRADE, NAMELY, $3,727.20. THAT RATE WAS INCREASED TO $3,850 BY THE CLASSIFICATION ACT OF 1949, AND TO $4,160 JULY 8, 1951, BY THE FEDERAL EMPLOYEES PAY ACT OF 1951. ON MARCH 30, 1952, YOU WERE DEMOTED TO GS-3 AND GIVEN THE TOP SALARY RATE OF THAT GRADE, NAMELY, $3,430. NOTICES OF THE PROPOSED DEMOTIONS WERE GIVEN YOU AT THE TIME EXPLAINING THE NECESSITY THEREFOR. THE FIRST DEMOTION WAS REQUIRED BY PERSONNEL READJUSTMENTS TO MEET OPERATING REQUIREMENTS IN THE AUDIT DIVISION, AND THE SECOND WAS OCCASIONED BY A REDUCTION-IN-FORCE PROGRAM. THE DEMOTIONS WERE NOT BASED ON ANY LACK OF EFFICIENCY OR PERSONAL FAULT ON YOUR PART AND YOU WERE DULY INFORMED OF YOUR RIGHT TO APPEAL THEREFROM. NO APPEAL WAS FILED BY YOU AND YOU ACCEPTED THE LOWER GRADE POSITIONS OFFERED, CONTINUED TO SERVE THEREIN, AND WERE PAID AT THE PROPER RATES FOR THE CLASSIFICATION POSITIONS IN WHICH YOU WERE SO PLACED.

YOUR COMPLAINT STRESSES YOUR EFFICIENCY RATINGS AS GROUND WHY YOU SHOULD NOT HAVE BEEN DEMOTED. WHILE THEY MIGHT BE CONTROLLING WHEN CONSIDERING STEP-INCREASES OR DECREASES WITHIN THE CLASSIFICATION GRADE IN WHICH THEY CURRENTLY EMPLOYED, THEY HAVE NO BEARING UPON PERSONNEL READJUSTMENTS OR REDUCTIONS-IN-FORCE OTHER THAN TO THE EXTENT THAT THEY ARE CONSIDERED TOWARD RETENTION POINTS IN COMPARISON WITH OTHER EMPLOYEES IN THE SAME RETENTION AREA. YOUR RETENTION CREDITS WERE GIVEN FULL CONSIDERATION IN THE DEMOTIONS IN QUESTION. THE PROCEDURES FOLLOWED WERE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE UNITED STATES CIVIL SERVICE COMMISSION FOR REDUCTION-IN-FORCE PROGRAMS AND PERSONNEL READJUSTMENTS. SEE R3 OF THE FEDERAL PERSONNEL MANUAL.

IN THE CIRCUMSTANCES, THERE IS NO BASIS FOR YOUR REQUESTED RESTORATION OF YOUR SALARY TO ANY RATE HIGHER THAN THAT OF WHICH YOU WERE CURRENTLY IN RECEIPT, AND SUCH REQUEST MUST BE DENIED.

ON THE PRESENT RECORD THERE IS NO BASIS FOR YOUR ASSERTION THAT YOU WERE SHORT PAID DURING THE INVOLVED PERIODS AND ANY CLAIM BASED ON THAT PREMISE IS WITHOUT FOUNDATION.

THE COMPUTATION OF A CIVIL SERVICE RETIREMENT ANNUITY IS A MATTER FOR CONSIDERATION BY THE UNITED STATES CIVIL SERVICE COMMISSION BUT, OF COURSE, SUCH COMPUTATION MUST BE BASED UPON THE AVERAGE SALARY RECEIVED BY YOU DURING A FIVE YEAR CONTINUOUS PERIOD IN THE CLASSIFICATION GRADE OR GRADES OCCUPIED DURING THAT PERIOD. YOUR FORMAL APPLICATION FOR RETIREMENT SHOULD BE FILED WITH PERSONNEL DIVISION OF OUR OFFICE.