B-128248, AUG. 10, 1956

B-128248: Aug 10, 1956

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YOU WERE PROMOTED ON MARCH 18. AS A RESULT OF A RECLASSIFICATION SURVEY YOUR POSITION WAS DOWNGRADED FROM GS-5 TO GS-4 WITH A SALARY OF $3. PROVIDED AS FOLLOWS: "/E) EMPLOYEES WHO ON THE EFFECTIVE DATE OF TITLE VI OF THE CLASSIFICATION ACT OF 1949 OCCUPIED POSITIONS (1) WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923. (2) WHICH WERE INITIALLY ALLOCATED TO ANY OF THE GRADES OF THE CLASSIFICATION ACT OF 1949 IN THE MANNER PRESCRIBED THEREIN. (3) WHICH THEREAFTER ARE REDUCED BELOW SUCH GRADE. IS REASSIGNED ON OR AFTER THAT DATE TO A POSITION IN A LOWER GRADE IN THE SAME LINE OF WORK WHICH IS IDENTICAL TO A POSITION IN THE SAME AGENCY AND GEOGRAPHIC LOCATION OCCUPIED BY AN EMPLOYEE WHOSE SALARY IS DETERMINED UNDER THE PROVISIONS OF PARAGRAPH (E) OF THIS SECTION MAY BE PAID AT ANY RATE NOT IN EXCESS OF THE RATE HE WAS RECEIVING IN THE GRADE FROM WHICH REASSIGNED AND NOT IN EXCESS OF THE RATE BEING RECEIVED BY THE EMPLOYEE OCCUPYING SUCH IDENTICAL POSITION IN THE LOWER GRADE. * * *" AS YOU WERE NOT IN GS-5 ON THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF 1949.

B-128248, AUG. 10, 1956

TO MRS. MARGARET A. BOYLE:

YOUR LETTER OF JUNE 2, 1956, REQUESTS THE ASSISTANCE OF THIS OFFICE IN SAVING TO YOU YOUR FORMER SALARY IN GS-5 UPON YOUR RECLASSIFICATION TO GS- 4.

ACCORDING TO THE FACTS ADMINISTRATIVELY REPORTED BY THE DIVISION OF PERSONNEL AND TRAINING, INTERNAL REVENUE SERVICE, YOU WERE PROMOTED ON MARCH 18, 1951, TO GS-5 AT $3,475 PER ANNUM. ON MARCH 16, 1952, MARCH 15, 1953, AND MARCH 14, 1954, YOU RECEIVED PERIODIC WITHIN GRADE INCREASES BRINGING YOU UP TO $4,160 PER ANNUM. AS A RESULT OF A RECLASSIFICATION SURVEY YOUR POSITION WAS DOWNGRADED FROM GS-5 TO GS-4 WITH A SALARY OF $3,655 PER ANNUM. YOU APPARENTLY BASE YOUR REQUEST UPON THE PROVISIONS OF CIVIL SERVICE REGULATION, SECTION 25.104 (E) AND (F) SUBSEQUENTLY TRANSFERRED TO SECTION 25.103 (E) AND (F) AND RESCINDED JULY 23, 1955, WHICH PRIOR TO RESCINDING, PROVIDED AS FOLLOWS:

"/E) EMPLOYEES WHO ON THE EFFECTIVE DATE OF TITLE VI OF THE CLASSIFICATION ACT OF 1949 OCCUPIED POSITIONS (1) WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, (2) WHICH WERE INITIALLY ALLOCATED TO ANY OF THE GRADES OF THE CLASSIFICATION ACT OF 1949 IN THE MANNER PRESCRIBED THEREIN, AND (3) WHICH THEREAFTER ARE REDUCED BELOW SUCH GRADE, MAY CONTINUE TO RECEIVE THE SAME RATE OF BASIC COMPENSATION WHICH THEY RECEIVED ON THE EFFECTIVE DATE OF THE ACTION TAKEN TO REDUCE THE GRADE OF SUCH POSITION, SO LONG AS THEY REMAIN IN THE SAME POSITIONS WHICH THEY OCCUPIED ON THE EFFECTIVE DATE OF TITLE VI.

"/1) THE RATE OF BASIC COMPENSATION OF A SUBSEQUENT APPOINTEE TO SUCH POSITION SHALL BE FIXED IN ACCORDANCE WITH THE OTHER APPLICABLE PROVISIONS IN THIS SUBPART.

"/F) ANY EMPLOYEE SERVING CONTINUOUSLY IN THE AGENCY AND IN THE SAME LINE OF WORK SINCE THE EFFECTIVE DATE OF TITLE VI OF THE CLASSIFICATION ACT OF 1949 WHO, THROUGH NO FAULT OF HIS OWN, IS REASSIGNED ON OR AFTER THAT DATE TO A POSITION IN A LOWER GRADE IN THE SAME LINE OF WORK WHICH IS IDENTICAL TO A POSITION IN THE SAME AGENCY AND GEOGRAPHIC LOCATION OCCUPIED BY AN EMPLOYEE WHOSE SALARY IS DETERMINED UNDER THE PROVISIONS OF PARAGRAPH (E) OF THIS SECTION MAY BE PAID AT ANY RATE NOT IN EXCESS OF THE RATE HE WAS RECEIVING IN THE GRADE FROM WHICH REASSIGNED AND NOT IN EXCESS OF THE RATE BEING RECEIVED BY THE EMPLOYEE OCCUPYING SUCH IDENTICAL POSITION IN THE LOWER GRADE. * * *"

AS YOU WERE NOT IN GS-5 ON THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF 1949, NOT HAVING BEEN ADVANCED TO THAT GRADE UNTIL MARCH 18, 1951, THE QUOTED REGULATION HAS NO APPLICATION TO YOUR CASE. HOWEVER, WE HAVE A REPORT FROM THE ACTING DIRECTOR, PERSONNEL AND TRAINING DIVISION, OFFICE OF THE COMMISSIONER OF INTERNAL REVENUE, DATED JULY 31, 1956, STATING THAT THE CINCINNATI REGIONAL OFFICE HAS BEEN REQUESTED TO MAKE A SAVED RATE PAY ADJUSTMENT IN YOUR CASE EFFECTIVE JULY 1, 1956, PURSUANT TO SECTION 507 (B) OF THE RECENT ACT OF JUNE 18, 1956, PUBLIC LAW 594, 70 STAT. 291.

WHILE THE ACTION OF THE BUREAU OF INTERNAL REVENUE PURSUANT TO THE ABOVE ACT WILL AFFORD RELIEF FROM THE SITUATION COMPLAINED OF SO FAR AS YOUR FUTURE SALARY IS CONCERNED, IT IS NOTED THAT THE LAST SENTENCE OF SUCH ACT PRECLUDES ANY RETROACTIVE COMPENSATION BY PROVIDING THAT--- "NO OFFICER OR EMPLOYEE SHALL BE ENTITLED BY REASON OF THIS SUBSECTION TO BASIC COMPENSATION FOR ANY PERIOD PRIOR TO THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER THE DATE OF THE ENACTMENT OF THIS SECTION.'