B-141495, FEB. 8, 1963

B-141495: Feb 8, 1963

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KISTNER WHICH WAS NOT INCLUDED IN HIS PAY FOR THE PERIOD OCTOBER 14 TO 27. IF THE VOUCHER IS INCORRECT. WHAT IS THE PROPER ANNUAL SALARY TO BE PAID MR. SECTION 602 (B) (9) IS AS FOLLOWS: "/9) IF THE OFFICER OR EMPLOYEE IS RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT AT A RATE IN EXCESS OF THE MAXIMUM LONGEVITY RATE FOR HIS GRADE. OR IN EXCESS OF THE MAXIMUM SCHEDULED RATE FOR HIS GRADE IF THERE IS NO LONGEVITY RATE FOR HIS GRADE. OR (B) IF SUCH RATE IS LESS THAN HIS EXISTING RATE. (I) THE LOWEST RATE OF THE NEW SCHEDULE FOR HIS GRADE WHICH EQUALS OR EXCEEDS HIS EXISTING RATE OR (II) IF THERE IS NO SUCH RATE.

B-141495, FEB. 8, 1963

TO MR. G. L. HEGDAHL, AUTHORIZED CERTIFYING OFFICER, TREASURY DEPARTMENT:

YOUR LETTER OF NOVEMBER 21, 1962, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY THE ENCLOSED SUPPLEMENTAL PAYROLL VOUCHER REPRESENTING ADDITIONAL SALARY FOR MELVIN J. KISTNER WHICH WAS NOT INCLUDED IN HIS PAY FOR THE PERIOD OCTOBER 14 TO 27, 1962, UNDER SECTION 602 OF THE CLASSIFICATION ACT AMENDMENTS OF 1962, TITLE II OF PART II OF PUBLIC LAW 87-793, APPROVED OCTOBER 11, 1962, 76 STAT. 843-847.

BASED UPON THE PAY CHANGES AND THE STATUTORY AUTHORITIES SUBSEQUENT TO AUGUST 9, 1954, LISTED IN YOUR LETTER, YOU ASK WHETHER SECTION 602 (B) (9) OF PUBLIC LAW 87-793 WOULD ENTITLE MR. KISTNER TO AN ANNUAL RATE OF PAY DERIVED FROM SECTION 602 (B) (2) BY ADDING TO HIS "CURRENT SALARY" ($4,885/--- A SAVED SALARY UNDER THE ACT OF JUNE 18, 1956, 70 STAT. 291--- THE MAXIMUM INCREASE ($125) WHICH SECTION 603 (B) OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY SECTION 602 (A) OF PUBLIC LAW 87-793, NOW PRESCRIBES BETWEEN THE TOP STEP AND THE NEXT LOWER STEP RATES OF GRADE GS- 3. ALSO, IF THE VOUCHER IS INCORRECT, YOU ASK, WHAT IS THE PROPER ANNUAL SALARY TO BE PAID MR. KISTNER UNDER PUBLIC LAW 87-793?

SECTION 602 (B) (9) IS AS FOLLOWS:

"/9) IF THE OFFICER OR EMPLOYEE IS RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT AT A RATE IN EXCESS OF THE MAXIMUM LONGEVITY RATE FOR HIS GRADE, OR IN EXCESS OF THE MAXIMUM SCHEDULED RATE FOR HIS GRADE IF THERE IS NO LONGEVITY RATE FOR HIS GRADE, HE SHALL RECEIVE (A) THE RATE OF THE NEW SCHEDULE, IN EFFECT ON AND AFTER SUCH DAY, PRESCRIBED BY PARAGRAPHS (1) THROUGH (6) OF THIS SUBSECTION FOR EMPLOYEES AT THE MAXIMUM LONGEVITY RATE OR AT THE MAXIMUM SCHEDULED RATE, AS THE CASE MAY BE, FOR HIS GRADE, OR (B) IF SUCH RATE IS LESS THAN HIS EXISTING RATE, (I) THE LOWEST RATE OF THE NEW SCHEDULE FOR HIS GRADE WHICH EQUALS OR EXCEEDS HIS EXISTING RATE OR (II) IF THERE IS NO SUCH RATE, HIS EXISTING RATE.'

SECTION 602 (B) (2) IS AS FOLLOWS:

"/2) IF THE OFFICER OR EMPLOYEE IS RECEIVING BASIC COMPENSATION IMMEDIATELY PRIOR TO THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT AT THE THIRD LONGEVITY RATE OF A GRADE BELOW GRADE 4 OF THE GENERAL SCHEDULE OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, HE SHALL RECEIVE BASIC COMPENSATION AT THE HIGHEST RATE OF THE APPROPRIATE GRADE PLUS AN AMOUNT EQUAL TO THE VALUE OF THE MAXIMUM WITHIN GRADE INCREMENT PROVIDED FOR THAT GRADE IN EFFECT ON AND AFTER SUCH DAY.'

IMMEDIATELY PRIOR TO OCTOBER 14, 1963, MR. KISTNER WAS RECEIVING BASIC COMPENSATION IN EXCESS OF $4,705 PER ANNUM, THE MAXIMUM LONGEVITY RATE FOR HIS GRADE GS-3. THEREFORE, HIS RATE ON AND AFTER THE EFFECTIVE DATE OF PUBLIC LAW 87-793 MUST BE DETERMINED IN ACCORDANCE WITH SECTION 602 (B) (9), CLAUSE A OR B OF THAT. COMPUTING HIS RATE UNDER CLAUSE A AND THE APPLICABLE SUBSECTION (2) WE FIND THAT HE IS ENTITLED TO $4,830 PLUS AN AMOUNT EQUAL TO THE VALUE OF THE MAXIMUM WITHIN GRADE INCREMENT PROVIDED FOR HIS GRADE GS-3 ($125), OR $4,955. SINCE $4,955 IS GREATER THAN HIS EXISTING RATE OF $4,885 IT IS UNNECESSARY TO RESORT TO THE PROVISIONS OF CLAUSE B.

YOUR SPECIFIC QUESTIONS ARE ANSWERED ACCORDINGLY. THE VOUCHER AND PAYROLL CHANGE SLIP RETURNED HEREWITH SHOULD BE CHANGED TO ACCORD WITH THE FOREGOING.