B-132747, AUG. 20, 1957

B-132747: Aug 20, 1957

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HIS SPECIFIC QUESTION IS AS FOLLOWS: "IF THE PER ANNUM RATE OF A POSITION EQUALS OR EXCEEDS THAT OF A GIVEN CLASSIFICATION ACT GRADE AT A GIVEN TIME WHILE CONTINUOUSLY OCCUPIED BY THE EMPLOYEE. READS AS FOLLOWS: "/6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD. SHALL BE DEEMED EQUIVALENT TO THE HIGHEST GRADE * * * IN WHICH THE BASIC RATE FOR SUCH SERVICE WOULD HAVE BEEN INCLUDED AT THE TIME OF SUCH SERVICE.'. DURING WHICH PERIOD HIS POSITION WAS EXCLUDED FROM THE CLASSIFICATION ACT OF 1923. WAS EQUIVALENT TO A GRADE CAF-2 SALARY OR THAT OF A GRADE NOT EQUIVALENT OR HIGHER THAN GRADE GS-3. IN WHICH THE LONGEVITY STEP INCREASE IS SOUGHT.

B-132747, AUG. 20, 1957

TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:

YOUR DEPUTY ADMINISTRATOR'S LETTER OF JULY 29, 1957, REQUESTS OUR DECISION CONCERNING CREDITABLE TIME FOR LONGEVITY PAY INCREASE PURPOSES. HIS SPECIFIC QUESTION IS AS FOLLOWS:

"IF THE PER ANNUM RATE OF A POSITION EQUALS OR EXCEEDS THAT OF A GIVEN CLASSIFICATION ACT GRADE AT A GIVEN TIME WHILE CONTINUOUSLY OCCUPIED BY THE EMPLOYEE, BUT SUBSEQUENTLY, WHILE STILL OCCUPIED BY THE EMPLOYEE, BECOMES LESS THAN THE MINIMUM RATE OF THE SAME CLASSIFICATION ACT GRADE, DUE TO LEGISLATION INCREASING THE MINIMUM RATE, CAN THE ENTIRE PERIOD OF SUBSEQUENT SERVICE BE CONSIDERED AS EQUIVALENT TO THE HIGHER GRADE?

SECTION 702 (B) (6) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, RELATING TO LONGEVITY INCREASES, READS AS FOLLOWS:

"/6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD, IN THE AGGREGATE, NOT LESS THAN TEN YEARS OF SERVICE IN THE POSITION WHICH HE THEN OCCUPIES, OR IN POSITIONS OF THE EQUIVALENT OR HIGHER CLASS OR GRADE.'

SECTION 25.52 (C), FEDERAL EMPLOYEES PAY REGULATIONS, DEFINES AGGREGATE PERIOD AS "A TOTAL OF TEN YEARS IN THE PRESENT POSITION, OR IN THE PRESENT GRADE AND EQUIVALENT OR HIGHER GRADES, OF CIVILIAN SERVICE.' THE SECTION ALSO PROVIDES THAT "CIVILIAN SERVICE PAID UNDER AUTHORITY OTHER THAN THE CLASSIFICATION ACT OF 1923, AS AMENDED, OR THE CLASSIFICATION ACT OF 1949, SHALL BE DEEMED EQUIVALENT TO THE HIGHEST GRADE * * * IN WHICH THE BASIC RATE FOR SUCH SERVICE WOULD HAVE BEEN INCLUDED AT THE TIME OF SUCH SERVICE.'

THE RECORD SHOWS THAT THE EMPLOYEE'S SALARY DURING THE PERIODS FROM JULY 1 TO SEPTEMBER 30, 1945, AND JULY 1, 1946, TO OCTOBER 10, 1946, DURING WHICH PERIOD HIS POSITION WAS EXCLUDED FROM THE CLASSIFICATION ACT OF 1923, WAS EQUIVALENT TO A GRADE CAF-2 SALARY OR THAT OF A GRADE NOT EQUIVALENT OR HIGHER THAN GRADE GS-3, IN WHICH THE LONGEVITY STEP INCREASE IS SOUGHT. HENCE, WE CONCLUDE THAT SUCH PERIODS OF SERVICE BY THE EMPLOYEE MAY NOT, UNDER THE STATUTORY REGULATION, BE COUNTED OR CREDITED TOWARD THE AGGREGATE PERIOD OF 10 YEARS OF SERVICE REQUIRED BY THE STATUTE FOR A LONGEVITY STEP INCREASE IN GRADE GS-3.