B-141758, FEB. 16, 1960

B-141758: Feb 16, 1960

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HAVE BEEN FORWARDED HERE FOR OUR CONSIDERATION AND DISPOSITION. WHILE YOU WERE RETAINED ON THE FEDERAL ROLLS IN A LEAVE WITHOUT PAY STATUS AND. WHILE YOU WERE AN EMPLOYEE OF THE ARMED FORCES TECHNICAL INFORMATION AGENCY. THE RECORD HERE SHOWS THAT YOUR APPLICATION WAS ADMINISTRATIVELY APPROVED. YOU WERE SEPARATED (RELEASED) FROM THE FEDERAL SERVICE ON MAY 30. A DETERMINATION WAS MADE BY THE UNITED STATES CIVIL SERVICE COMMISSION THAT YOUR RETIREMENT APPLICATION WAS ERRONEOUSLY APPROVED IN THAT YOU HAD NOT THEN COMPLETED 30 YEARS OF CREDITABLE SERVICE REQUIRED FOR OPTIONAL RETIREMENT. THE CIVIL SERVICE COMMISSION IS VESTED WITH AUTHORITY TO ADJUDICATE ALL CLAIMS ARISING UNDER THE CIVIL SERVICE RETIREMENT ACT AND ANY ADVERSE ACTION UPON A CLAIM FOR RETIREMENT IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE.

B-141758, FEB. 16, 1960

TO MR. AGIE JEFFERS:

YOUR TWO LETTERS DATED JANUARY 15, 1960, ADDRESSED TO THE GENERAL ACCOUNTING OFFICE AND MAILED TO HONORABLE PAUL F. SCHENCK, HOUSE OF REPRESENTATIVES, HAVE BEEN FORWARDED HERE FOR OUR CONSIDERATION AND DISPOSITION.

YOU INQUIRE AS TO WHETHER YOU MAY BE ENTITLED TO COMPENSATION (SALARY) DURING A PARTICULAR PERIOD IN 1959, WHILE YOU WERE RETAINED ON THE FEDERAL ROLLS IN A LEAVE WITHOUT PAY STATUS AND, ALSO, YOU REQUEST INFORMATION AS TO WHETHER YOU MAY BE ELIGIBLE FOR A LONGEVITY STEP INCREASE IN COMPENSATION UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, 63 STAT. 967-969 (5 U.S.C. 1123-1124).

WE NOTE THAT IN 1959, WHILE YOU WERE AN EMPLOYEE OF THE ARMED FORCES TECHNICAL INFORMATION AGENCY, 1100TH AIR BASE WING, UNITED STATES AIR FORCE, ARLINGTON, VIRGINIA, YOU APPLIED FOR OPTIONAL RETIREMENT UNDER THE PROVISIONS OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, AS AMENDED (5 U.S.C. 2251-2259). THE RECORD HERE SHOWS THAT YOUR APPLICATION WAS ADMINISTRATIVELY APPROVED, AND YOU WERE SEPARATED (RELEASED) FROM THE FEDERAL SERVICE ON MAY 30, 1959. SUBSEQUENTLY, AFTER CAREFULLY EXAMINING YOUR COMPLETE RECORD OF FEDERAL EMPLOYMENT, A DETERMINATION WAS MADE BY THE UNITED STATES CIVIL SERVICE COMMISSION THAT YOUR RETIREMENT APPLICATION WAS ERRONEOUSLY APPROVED IN THAT YOU HAD NOT THEN COMPLETED 30 YEARS OF CREDITABLE SERVICE REQUIRED FOR OPTIONAL RETIREMENT. THE CIVIL SERVICE COMMISSION IS VESTED WITH AUTHORITY TO ADJUDICATE ALL CLAIMS ARISING UNDER THE CIVIL SERVICE RETIREMENT ACT AND ANY ADVERSE ACTION UPON A CLAIM FOR RETIREMENT IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE.

INFORMATION AVAILABLE HERE DISCLOSES THAT ALTHOUGH YOU WERE CARRIED ON THE ROLLS AS A TEMPORARY SUBSTITUTE RURAL CARRIER WITH THE POST OFFICE DEPARTMENT FROM JANUARY 1, 1928, TO JANUARY 31, 1931, YOU WERE ACTUALLY EMPLOYED AS A TEMPORARY SUBSTITUTE ONLY TWO MONTHS AND SEVEN DAYS DURING SUCH PERIOD. CONSEQUENTLY, ON MAY 30, 1959, YOU HAD SLIGHTLY OVER 29 YEARS AND FOUR MONTHS OF CREDITABLE FEDERAL SERVICE. NOT HAVING SUFFICIENT SERVICE TO QUALIFY FOR OPTIONAL RETIREMENT, THE EMPLOYING AGENCY RESTORED YOU TO DUTY ON AUGUST 24, 1959, AND WE HAVE BEEN INFORMALLY ADVISED THAT YOU WERE CARRIED ON THE ROLLS IN A LEAVE WITH PAY STATUS FROM MAY 31 THROUGH JUNE 18, 1959, AND ON LEAVE WITHOUT PAY FOR 370 HOURS FROM JUNE 19 THROUGH AUGUST 23, 1959.

EVEN THOUGH YOUR SEPARATION ON MAY 30, 1959, FOR THE PURPOSE OF GRANTING RETIREMENT WAS ERRONEOUS, WE KNOW OF NO AUTHORITY UNDER WHICH YOU MAY BE PAID COMPENSATION FOR THE PERIOD YOU WERE IN A LEAVE WITHOUT PAY STATUS DURING WHICH NO SERVICES WERE RENDERED.

REGARDING YOUR REQUEST FOR INFORMATION CONCERNING A LONGEVITY STEP INCREASE IN COMPENSATION IN GRADE CPC-6 (EQUIVALENT TO GRADE GS-4), WE HAVE BEEN INFORMALLY ADVISED BY THE CIVILIAN PERSONNEL BRANCH, ARMED SERVICES TECHNICAL INFORMATION AGENCY, THAT IT RECENTLY RECEIVED A WRITTEN INQUIRY FROM YOU CONCERNING YOUR ELIGIBILITY TO A LONGEVITY STEP INCREASE. A REPLY FROM THE ADMINISTRATIVE OFFICE IN RESPONSE TO YOUR INQUIRY WILL LIKELY REACH YOU AT AN EARLY DATE. IN ANY EVENT, SINCE THE EMPLOYING AGENCY HAS ONLY RECENTLY BEEN REQUESTED TO DETERMINE YOUR RIGHT TO A LONGEVITY INCREASE, NO REQUEST IS BEING MADE UPON THE ADMINISTRATIVE OFFICE FOR YOUR OFFICIAL EMPLOYMENT RECORD AND PERFORMANCE RATING AT THIS TIME.

A LONGEVITY STEP INCREASE FOR AN EMPLOYEE ASSIGNED TO A PERMANENT POSITION IN EITHER GRADE CPC-6 OR GS-4, IS A STEP INCREASE ABOVE THE MAXIMUM SCHEDULED RATE OF THE GRADE EQUAL TO A FULL STEP OF THE GRADE, OR AN INCREASE IN AN AMOUNT REQUIRED TO COMPLETE A FULL LONGEVITY STEP WHEN THE EMPLOYEE'S EXISTING RATE OF BASIC COMPENSATION IS NOT A STANDARD MAXIMUM OR LONGEVITY RATE FOR THE GRADE IN WHICH THE EMPLOYEE'S POSITION IS PLACED.

SECTION 25.52 (D) OF THE FEDERAL EMPLOYEES PAY REGULATIONS DEFINES LONGEVITY SERVICE, AS FOLLOWS:

"LONGEVITY PERIOD IS THREE YEARS, OF THE AGGREGATE PERIOD, OF CONTINUOUS SERVICE IN A CLASSIFICATION ACT POSITION: (1) AT THE MAXIMUM SCHEDULED RATE OF THE EMPLOYEE'S GRADE; OR (2) AT A LONGEVITY RATE OF THE EMPLOYEE'S GRADE; OR (3) AT A RATE IN EXCESS OF SUCH MAXIMUM SCHEDULED RATE IN ACCORDANCE WITH A PROVISION OF LAW; OR (4) AT ANY OF THE RATES SPECIFIED IN SUBPARAGRAPHS (1), (2), OR (3) OF THIS PARAGRAPH, IN A GRADE HIGHER THAN HIS CURRENT GRADE * * *.'

ONE OF THE ELIGIBILITY REQUIREMENTS FOR A LONGEVITY STEP INCREASE UNDER SECTION 703 (B) OF THE CLASSIFICATION ACT OF 1949, SUPRA, IS

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

FROM THE UNOFFICIAL EMPLOYMENT RECORD WHICH ACCOMPANIED YOUR LETTERS, IT APPEARS THAT YOU WERE ASSIGNED TO THE LAST STEP (MAXIMUM) IN GRADE GS-4 ON OCTOBER 15, 1956, MORE THAN THREE YEARS AGO; THAT YOU SERVED TWO YEARS, NINE MONTHS AND FIFTEEN DAYS IN GRADE CPC-6, PRIOR TO DECEMBER 1, 1946, AND THAT YOU WERE RESTORED TO GRADE CPC-6 ON JANUARY 18, 1953. IF IT IS ADMINISTRATIVELY DETERMINED THAT YOUR DUTIES AND RESPONSIBILITIES HAVE BEEN SUBSTANTIALLY THE SAME SINCE JANUARY 18, 1953, IT WOULD APPEAR THAT YOU MAY HAVE SERVED AN AGGREGATE PERIOD OF SLIGHTLY MORE THAN NINE YEARS AND TEN MONTHS IN YOUR PRESENT POSITION, AND IT IS POSSIBLE THAT YOU MAY BECOME ELIGIBLE TO A LONGEVITY STEP INCREASE IN APPROXIMATELY TWO MONTHS, OR PERHAPS SOMETIME DURING THE LATTER PART OF APRIL 1960.

IN THE ABSENCE OF YOUR OFFICIAL EMPLOYMENT RECORD, WE CANNOT--- AND ARE NOT ATTEMPTING TO--- DEFINITELY ADVISE YOU THE DATE YOUR LONGEVITY STEP INCREASE WILL BECOME DUE. HOWEVER, IF MORE SPECIFIC INFORMATION CONCERNING YOUR ELIGIBILITY TO A LONGEVITY INCREASE IS DESIRED AFTER PROPER ADMINISTRATIVE ACTION HAS BEEN TAKEN UPON YOUR RECENT INQUIRY, YOU ARE AT LIBERTY TO SUBMIT ANY DOUBTFUL QUESTION OR PRESENT A CLAIM HERE, AND THE MATTER WILL BE GIVEN PROMPT AND CAREFUL CONSIDERATION.

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