B-135523, MAY 7, 1958

B-135523, MAY 7, 1958

TO MR. D. C. LYNCH, AUTHORIZED CERTIFYING OFFICER, GENERAL SERVICES ADMINISTRATION:

YOUR LETTER OF MARCH 12, 1958, CAC, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ACCOMPANYING PAYROLL WHICH COVERS A LONGEVITY STEP -INCREASE EFFECTIVE FEBRUARY 9, 1958, FROM $4,615 PER ANNUM TO $4,750 PER ANNUM STATED IN FAVOR OF MRS. ELEANOR KING, A BIDDING MATERIALS CLERK (CHIEF, BIDDING DOCUMENTS UNIT) IN THE DESIGN AND CONSTRUCTION DIVISION, OF THE PUBLIC BUILDINGS SERVICE.

THE RECORD DISCLOSES THAT MRS. KING WAS ORIGINALLY PROMOTED TO GRADE CAF- 5 ON OCTOBER 1, 1944; THAT SHE CONTINUED TO SERVE IN CAF-5 AND ATTAINED THE TOP SCHEDULED RATE OF GRADE GS-5 EFFECTIVE NOVEMBER 12, 1950; AND THAT SHE COMPLETED THE TEN YEAR AGGREGATE PERIOD ON SEPTEMBER 30, 1954, AND RECEIVED THE FIRST LONGEVITY STEP-INCREASE AND GS-5 EFFECTIVE OCTOBER 10, 1954. THE RECORD DISCLOSES FURTHER THAT HER POSITION WAS RECLASSIFIED AND DOWNGRADED TO GS-4 ON APRIL 10, 1955. BECAUSE THE DUTIES OF HER POSITION WERE NOT MATERIALLY CHANGED MRS. KING'S SALARY WAS SAVED TO HER UNDER APPLICABLE REGULATIONS, AND SHE CONTINUED TO RECEIVE THE SALARY OF $4,615 PER ANNUM, THE FIRST LONGEVITY STEP OF GRADE GS-5. SINCE THIS RATE IS ABOVE THE MAXIMUM LONGEVITY RATE FOR GRADE GS-4 SHE COULD NOT RECEIVE ANY ADDITIONAL LONGEVITY INCREASES WHILE SERVING IN THAT GRADE.

THE GS-4 POSITION WHICH MRS. KING OCCUPIED WAS RECLASSIFIED AND ESTABLISHED AT GRADE GS-5, EFFECTIVE FEBRUARY 9, 1958, AND MRS. KING WAS REPROMOTED TO GS-5 EFFECTIVE THE SAME DATE. ON REPROMOTION THE SALARY RATE OF MRS. KING WAS FIXED AT THE SECOND LONGEVITY RATE OF GS 5 ($4,750 PER ANNUM), AND YOU SAY THAT SOME DOUBT EXISTS ABOUT CERTIFYING THE PAYROLL IN QUESTION AT THAT RATE SINCE MRS. KING WAS DOWNGRADED DURING PART OF THE LONGEVITY PERIOD.

SECTION 703 OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 972, AS AMENDED BY THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1105, 5 U.S.C. 1123, PROVIDES IN PERTINENT PART AS FOLLOWS:

"/A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AND AS A REWARD FOR LONG AND FAITHFUL SERVICE, EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP- INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH INCREASE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL APPLICATION. * * *"

THE REPROMOTION OF MRS. KING FROM GRADE GS-4 TO GRADE GS-5 CONSTITUTES AN "INCREASE IN GRADE" AS THOSE WORDS ARE USED IN THE ABOVE QUOTED STATUTE. THEREFORE, NO CREDIT FOR THE TIME SERVED AS A GS-4 PRIOR TO REPROMOTION TO GS-5 ON FEBRUARY 9, 1958, CAN BE ALLOWED TOWARD THE 3-YEAR QUALIFYING PERIOD FOR THE SECOND LONGEVITY STEP INCREASE IN GRADE GS-5. ACCORDINGLY, THE SUBMITTED PAYROLL MAY NOT BE CERTIFIED FOR PAYMENT.