B-138397, MAR 2, 1959

B-138397: Mar 2, 1959

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YOUR NEW SALARY RATE UPON PROMOTION FROM THE WAGE BOARD POSITION AT $2.28 PER HOUR TO THE CLASSIFICATION ACT POSITION OF GS-7 WAS REQUIRED BY THE FEDERAL EMPLOYEES PAY REGULATIONS TO BE SET AT $4. 955 PER YEAR WAS ERRONEOUS BECAUSE THAT SECTION BY ITS TERMS APPLIES ONLY TO PROMOTIONS BETWEEN TWO CLASSIFICATION ACT POSITIONS. SINCE THE FEDERAL EMPLOYEES PAY REGULATIONS ISSUED PURSUANT TO STATUTORY AUTHORITY HAVE THE SAME FORCE AND EFFECT AS A STATUTE. OUR OFFICE HAS CONSISTENTLY HELD THAT SALARY PAYMENTS MADE IN VIOLATION OF THE REGULATIONS ARE ILLEGAL AND RESULT IN VALID DEBTS DUE THE GOVERNMENT WHICH NEITHER OUR OFFICE NOR THE ADMINISTRATIVE AGENCY HAS AUTHORITY TO WAIVE. YOUR CLAIM FOR THE AMOUNT REPAID MUST BE DENIED AND CONTINUED COLLECTION OF THE REMAINING INDEBTEDNESS IS REQUIRED.

B-138397, MAR 2, 1959

PRECIS-UNAVAILABLE

JAMES O. NICHOLLS:

THIS REFERS FURTHER TO YOUR UNDATED LETTER RECEIVED HERE DECEMBER 15, 1958, CONCERNING YOUR INDEBTEDNESS TO THE GOVERNMENT RESULTING FROM AN ADMINISTRATIVE ERROR IN ESTABLISHING YOUR SALARY RATE.

ON THE BASIS OF THE FACTS AS REPORTED TO US IN YOUR LETTER AND BY OUR FIELD OFFICE, THERE APPEARS TO BE NO LEGAL BASIS FOR YOUR CLAIM. YOUR NEW SALARY RATE UPON PROMOTION FROM THE WAGE BOARD POSITION AT $2.28 PER HOUR TO THE CLASSIFICATION ACT POSITION OF GS-7 WAS REQUIRED BY THE FEDERAL EMPLOYEES PAY REGULATIONS TO BE SET AT $4,830 PER YEAR. THE ACTION OF YOUR PERSONNEL OFFICE IN APPLYING THE SPECIFIC PROVISIONS OF SECTION 25.104(A) OF THE REGULATIONS SO AS TO SET YOUR NEW SALARY RATE ONE STEP HIGHER AT $4,955 PER YEAR WAS ERRONEOUS BECAUSE THAT SECTION BY ITS TERMS APPLIES ONLY TO PROMOTIONS BETWEEN TWO CLASSIFICATION ACT POSITIONS.

SINCE THE FEDERAL EMPLOYEES PAY REGULATIONS ISSUED PURSUANT TO STATUTORY AUTHORITY HAVE THE SAME FORCE AND EFFECT AS A STATUTE, OUR OFFICE HAS CONSISTENTLY HELD THAT SALARY PAYMENTS MADE IN VIOLATION OF THE REGULATIONS ARE ILLEGAL AND RESULT IN VALID DEBTS DUE THE GOVERNMENT WHICH NEITHER OUR OFFICE NOR THE ADMINISTRATIVE AGENCY HAS AUTHORITY TO WAIVE. IN THIS CIRCUMSTANCE, THEREFORE, YOUR CLAIM FOR THE AMOUNT REPAID MUST BE DENIED AND CONTINUED COLLECTION OF THE REMAINING INDEBTEDNESS IS REQUIRED.