B-129518, APR. 23, 1957
Highlights
WHICH HELD THAT AN EMPLOYEE WHO HAD ATTAINED THE SECOND LONGEVITY STEP IN GS-5 BUT WHO WAS REDUCED ON RECLASSIFICATION TO GS-4. WHO WAS REPROMOTED TO GS-5 OCTOBER 25. THAT RULING WAS BASED UPON SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949. THAT THE EMPLOYEE MUST HAVE HAD 3 YEARS OF CONTINUOUS SERVICE AT THE TOP OF THE GRADE OR AT A LONGEVITY STEP IN THAT GRADE "WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION.'. URGING THAT THE LAW CONTEMPLATES THAT THE EMPLOYEE WOULD BE PERMITTED A LONGEVITY INCREASE FOLLOWING AN INCREASE IN GRADE OR RATE OF BASIC COMPENSATION UNLESS THE INCREASE WAS "TO A HIGHER GRADE HAVING A HIGHER SALARY RANGE IN WHICH THE EMPLOYEE DID NOT EARN SERVICE TOWARD A LONGEVITY STEP INCREASE.'.
B-129518, APR. 23, 1957
TO THE SECRETARY OF THE TREASURY:
ON MARCH 27, 1957, THE ACTING SECRETARY OF THE TREASURY REQUESTED RECONSIDERATION OF OUR DECISION OF OCTOBER 29, 1956, TO YOU, WHICH HELD THAT AN EMPLOYEE WHO HAD ATTAINED THE SECOND LONGEVITY STEP IN GS-5 BUT WHO WAS REDUCED ON RECLASSIFICATION TO GS-4, SEPTEMBER 3, 1955, WITHOUT LOSS OF SALARY, AND WHO WAS REPROMOTED TO GS-5 OCTOBER 25, 1955, WOULD NOT BE ENTITLED TO ANOTHER LONGEVITY INCREASE IN GS-5 UNTIL 3 YEARS AFTER HER RESTORATION TO THAT GRADE. THAT RULING WAS BASED UPON SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1105, WHICH REQUIRES, AMONG OTHER CONDITIONS TO QUALIFY FOR LONGEVITY INCREASES, THAT THE EMPLOYEE MUST HAVE HAD 3 YEARS OF CONTINUOUS SERVICE AT THE TOP OF THE GRADE OR AT A LONGEVITY STEP IN THAT GRADE "WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION.' WITH HIS LETTER THE ACTING SECRETARY ENCLOSED A LETTER OF MARCH 14, 1957, FROM MR. ALFRED F. BEITER, NATIONAL PRESIDENT, NATIONAL CUSTOMS SERVICE ASSOCIATION, URGING THAT THE LAW CONTEMPLATES THAT THE EMPLOYEE WOULD BE PERMITTED A LONGEVITY INCREASE FOLLOWING AN INCREASE IN GRADE OR RATE OF BASIC COMPENSATION UNLESS THE INCREASE WAS "TO A HIGHER GRADE HAVING A HIGHER SALARY RANGE IN WHICH THE EMPLOYEE DID NOT EARN SERVICE TOWARD A LONGEVITY STEP INCREASE.'
PRIOR TO THE AMENDMENT OF SEPTEMBER 1, 1954, SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949 REQUIRED 3 YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM SALARY OR A LONGEVITY STEP OF THE GRADE ,WITHOUT ANY CHANGE IN THE GRADE OR RATE OF BASIC COMPENSATION" AND HAD THE DEMOTION AND PROMOTION IN THIS CASE TAKEN PLACE BEFORE THE AMENDMENT THE LONGEVITY INCREASE WOULD HAVE BEEN BARRED DUE TO THE CHANGE IN GRADE.
IN THE CONFERENCE REPORT ON H.R. 2265 WHICH BECAME THE ACT OF SEPTEMBER 1, 1954, THE PURPOSE OF THIS AMENDMENT WAS EXPLAINED AS FOLLOWS:
"SUBSECTION (A) (1) OF SECTION 102 OF THE CONFERENCE SUBSTITUTE AMENDS SUBSECTION (A) OF SECTION 703 OF THE CLASSIFICATION ACT OF 1949,AS AMENDED, TO PROVIDE THAT, IF AN EMPLOYEE WHO HAS EARNED CREDIT TOWARD THE REQUIRED 3-YEAR LONGEVITY PERIOD AT THE MAXIMUM RATE OR A LONGEVITY RATE OF HIS GRADE IS TRANSFERRED TO THE MAXIMUM RATE OR A LONGEVITY RATE OF A LOWER GRADE, THE CREDIT EARNED BY SUCH EMPLOYEE IN THE HIGHER GRADE SHALL APPLY TOWARD A LONGEVITY STEP INCREASE IN THE LOWER GRADE. UNDER SUCH SUBSECTION (A) OF SECTION 703 OF THE CLASSIFICATION ACT OF 1949 AS NOW IN EFFECT AN EMPLOYEE HAS TO BEGIN HIS 3-YEAR LONGEVITY PERIOD OVER AGAIN WHEN HE IS REDUCED IN GRADE. * * *"
IT THUS WILL BE SEEN THAT THE SOLE PURPOSE OF THE AMENDMENT WAS TO SAVE THE LONGEVITY INCREASE IN THE CASE OF AN EMPLOYEE DEMOTED, AFTER A PERIOD OF SERVICE AT THE MAXIMUM SCHEDULED RATE OR A LONGEVITY STEP OF A GRADE, TO THE MAXIMUM SCHEDULED RATE OR A LONGEVITY STEP OF THE LOWER GRADE. GIVE TO THIS AMENDMENT THE MEANING SUGGESTED BY THE SUBMISSION WOULD REQUIRE AN INTERPRETATION OF THE AMENDMENT FOR WHICH WE FIND NO BASIS IN THE LEGISLATIVE HISTORY OF THIS ACT. UPON RECONSIDERATION THE DECISION OF OCTOBER 29, 1956, IS ADHERED TO. ..END :