B-127900, JUN. 5, 1956

B-127900: Jun 5, 1956

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AN EMPLOYEE OF YOUR SERVICE IS ENTITLED TO AN ADDITIONAL LONGEVITY INCREASE. AN AUTHORIZED CERTIFYING OFFICER IS NOT ENTITLED TO AN ADVANCE DECISION EXCEPT UPON PRESENTATION OF VOUCHER BEFORE HIM FOR CERTIFICATION. SINCE THE QUESTION PRESENTED APPEARS TO BE BEFORE YOU FOR CONSIDERATION THE REQUIREMENT FOR PRESENTATION OF THE VOUCHER WILL BE DISPENSED WITH IN THIS INSTANCE IN ORDER TO AVOID DELAY. 21 COMP. THE 10-YEAR PERIOD WAS COMPLETED JUNE 9. AT THAT TIME HE WAS NOT IN CPC 5 BUT RATHER WAS AT THE TOP OF A LOWER GRADE. HE WAS GIVEN A LONGEVITY INCREASE UPON COMPLETION OF 3 YEARS AT THE TOP OF CPC-4 OF JANUARY 3. IN THE PRESENT CASE UPON THE COMPLETION OF THE 10-YEAR PERIOD THE EMPLOYEE WAS NOT IN THE GRADE IN WHICH THE 3-YEAR PERIOD PREVIOUSLY HAD BEEN SERVED AT THE TOP OF THE GRADE AND AT THAT TIME THERE WAS NO AUTHORITY TO CREDIT SERVICE IN A HIGHER GRADE FOR THE 3-YEAR PERIOD OF CONTINUOUS SERVICE REQUIRED FOR LONGEVITY IN A LOWER GRADE.

B-127900, JUN. 5, 1956

TO MR. BENJAMIN F. GIBSON, AUTHORIZED CERTIFYING OFFICER, NATIONAL PARK SERVICE:

YOUR LETTER OF MAY 3, 1956, W1819, XP14, REQUESTS OUR DECISION WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, JAMES J. JOYCE, AN EMPLOYEE OF YOUR SERVICE IS ENTITLED TO AN ADDITIONAL LONGEVITY INCREASE.

ORDINARILY, AN AUTHORIZED CERTIFYING OFFICER IS NOT ENTITLED TO AN ADVANCE DECISION EXCEPT UPON PRESENTATION OF VOUCHER BEFORE HIM FOR CERTIFICATION, BUT SINCE THE QUESTION PRESENTED APPEARS TO BE BEFORE YOU FOR CONSIDERATION THE REQUIREMENT FOR PRESENTATION OF THE VOUCHER WILL BE DISPENSED WITH IN THIS INSTANCE IN ORDER TO AVOID DELAY. 21 COMP. GEN. 1128; 22 ID. 231 (AT PAGE 233); 23 ID. 793; 26 ID. 797.

IT APPEARS THAT MR. JOYCE COMPLETED 3 YEARS OF CONTINUOUS SERVICE FROM JULY 14, 1946, TO JULY 13, 1949, AT THE TOP OF CPC-5, THE EQUIVALENT OF GS -3, BUT COULD NOT BE GIVEN A LONGEVITY INCREASE AT THAT TIME BECAUSE HE HAD NOT COMPLETED 10 YEARS OF SERVICE AS REQUIRED BY SECTION 703 (B) (6) OF THE CLASSIFICATION ACT OF 1949. THE 10-YEAR PERIOD WAS COMPLETED JUNE 9, 1951, BUT AT THAT TIME HE WAS NOT IN CPC 5 BUT RATHER WAS AT THE TOP OF A LOWER GRADE, NAMELY, CPC-4. HE WAS GIVEN A LONGEVITY INCREASE UPON COMPLETION OF 3 YEARS AT THE TOP OF CPC-4 OF JANUARY 3, 1954, BUT THE QUESTION NOW ARISES WHETHER HE MAY BE GIVEN AN ADDITIONAL LONGEVITY INCREASE BASED UPON THE 3 YEARS COMPLETED AT THE TOP OF CPC-5.

IN 33 COMP. GEN. 271, WE HELD THAT THE 3 YEARS' CONTINUOUS SERVICE AT THE MAXIMUM SCHEDULED RATE OF THE GRADE REQUIRED FOR LONGEVITY INCREASE NEED NOT BE THE LAST 3 YEARS OF THE 10-YEAR PERIOD AND IF, AT THE TIME OF THE EXPIRATION OF THE 10-YEAR PERIOD, THE EMPLOYEE HAD BEEN RESTORED TO THE TOP OF THE GRADE IN WHICH THE 3-YEAR PERIOD HAD BEEN SERVED HE THEN COULD BE GIVEN A LONGEVITY INCREASE BASED UPON SUCH PAST 3-YEAR PERIOD. HOWEVER, IN THE PRESENT CASE UPON THE COMPLETION OF THE 10-YEAR PERIOD THE EMPLOYEE WAS NOT IN THE GRADE IN WHICH THE 3-YEAR PERIOD PREVIOUSLY HAD BEEN SERVED AT THE TOP OF THE GRADE AND AT THAT TIME THERE WAS NO AUTHORITY TO CREDIT SERVICE IN A HIGHER GRADE FOR THE 3-YEAR PERIOD OF CONTINUOUS SERVICE REQUIRED FOR LONGEVITY IN A LOWER GRADE. IT WAS NOT UNTIL THE AMENDMENT OF SECTION 703A OF THE CLASSIFICATION ACT OF 1949 BY THE ACT OF SEPTEMBER 1, 1954, THAT SUCH CREDIT WAS PERMISSIBLE. AS THE EMPLOYEE ALREADY HAD BEEN GRANTED ONE LONGEVITY IN CPC-4 JANUARY 3, 1954, AND SINCE THE AMENDMENT OF SEPTEMBER 1, 1954, DID NOT BECOME EFFECTIVE UNTIL THE BEGINNING OF THE FIRST PAY PERIOD FOLLOWING THE DATE OF ENACTMENT, NO BENEFIT ACCRUED TO THIS EMPLOYEE BY REASON OF THIS AMENDMENT FOR THE 3 YEAR PERIOD PREVIOUSLY SERVED AT THE TOP OF CPC-5.