B-144260, OCT. 21, 1960

B-144260: Oct 21, 1960

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YOU SAY YOU HAVE BEEN UNABLE TO MAKE A POSITIVE FINDING IN THE MATTER. EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP- INCREASE * * * BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED. TO EACH * * * EMPLOYEES FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE * * * WITHOUT INCREASE IN GRADE * * *. "/B) (6) THE * * * EMPLOYEE SHALL HAVE HAD. TUGGLE IS REQUIRED TO HAVE IN THE AGGREGATE TEN YEARS OF SERVICE IN GRADE GS-9 OR EQUIVALENT OR HIGHER GRADES. 3 CONTINUOUS YEARS OF THE 10 YEARS MUST HAVE BEEN COMPLETED AT THE MAXIMUM STEP OF GRADE GS-9 WITHOUT AN INCREASE IN GRADE. NONE OF THE PERIODS OF SERVICE IN GRADES GS-8 AND 7 IS CREDITABLE FOR LONGEVITY PURPOSES IN GRADE GS-9.

B-144260, OCT. 21, 1960

TO MAJOR JOSEPH G. GUGGINO:

YOUR LETTER OF SEPTEMBER 30, 1960, REFERENCE PCP, SUBMITS THE PERSONNEL FILE OF MR. THOMAS L. TUGGLE, AND REQUESTS THAT WE ASSIST YOU IN DETERMINING THE CORRECT EFFECTIVE DATES OF LONGEVITY STEP INCREASES DUE HIM IN GRADE GS-9. YOU POINT OUT THAT MR. TUGGLE HAS HAD MIXED GRADED AND WAGE BOARD SERVICE AS WELL AS CHANGES IN GRADE. YOU SAY YOU HAVE BEEN UNABLE TO MAKE A POSITIVE FINDING IN THE MATTER.

THE PERSONNEL FILE SHOWS THAT MR. TUGGLE HAS THE FOLLOWING SERVICE:

CHART:

PERIOD YEARS MONTHS DAYS GRADE 4-16-43 TO 9-21-46 35

6 GS-9, FIRST STEP 9-22-46 TO 10-1-49 GS 8 10-2-49 TO 12-23-50 1 2 22 WAGE BOARD POSITION

AT $2.37 PER HOUR 12-24-50 TO 1-1-51

7 WAGE BOARD POSITION

AT $2.55 PER HOUR 1-2-51 TO 4-8-56 5

3 7 GS-9, MAXIMUM STEP 4-9-56 TO 6-1-57 GS-7, FIRST LONGEVITY

STEP 6-3-57 TO 6-15 57 14 GS-8, MAXIMUM STEP

9 11 26 6-16-57 TO DATE GS-9, FIRST LONGEVITY

STEP

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 * * * BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH * * * EMPLOYEES FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE * * * WITHOUT INCREASE IN GRADE * * *.

"/B) (6) THE * * * 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 EQUIVALENT OR HIGHER CLASS OR GRADE.'

UNDER THE FOREGOING STATUTORY PROVISIONS OF MR. TUGGLE IS REQUIRED TO HAVE IN THE AGGREGATE TEN YEARS OF SERVICE IN GRADE GS-9 OR EQUIVALENT OR HIGHER GRADES. IN ADDITION, 3 CONTINUOUS YEARS OF THE 10 YEARS MUST HAVE BEEN COMPLETED AT THE MAXIMUM STEP OF GRADE GS-9 WITHOUT AN INCREASE IN GRADE.

NONE OF THE PERIODS OF SERVICE IN GRADES GS-8 AND 7 IS CREDITABLE FOR LONGEVITY PURPOSES IN GRADE GS-9. BASED UPON THE PERSONNEL RECORD FURNISHED BY YOU, WHICH SHOWS THE PERIODS OF SERVICE AS SET OUT ABOVE, THE SERVICE IN GRADE GS-9 FROM APRIL 16, 1943, TO SEPTEMBER 21, 1946, 3 YEARS, 5 MONTHS, AND 6 DAYS AT LESS THAN THE MAXIMUM RATE, AND THE SERVICE FROM OCTOBER 2, 1949, TO JANUARY 1, 1951, IN THE WAGE BOARD POSITIONS, 1 YEAR, 2 MONTHS, AND 29 DAYS AT THE RATES PER HOUR OF $2.37 AND $2.55, WHICH RATES WERE IN EXCESS OF THE MINIMUM OF GRADE GS-9 AT THE TIME ARE CREDITABLE FOR THE AGGREGATE 10-YEARS PERIOD. THE PERIOD OF SERVICE FROM JANUARY 2, 1951, TO APRIL 8, 1956, 5 YEARS, 3 MONTHS, AND 7 DAYS, BEING AT THE MAXIMUM STEP OF GRADE GS-9 IS CREDITABLE TOWARDS THE 10-YEAR AGGREGATE PERIOD AND ALSO TOWARDS THE 3 YEARS CONTINUOUS SERVICE REQUIREMENT. THE 3 YEARS CONTINUOUS SERVICE COMPLETED DOES NOT HAVE TO BE THE LAST 3 YEARS OF THE 10-YEAR AGGREGATE PERIOD. 33 COMP. GEN. 271; 37 ID. 134. BUT THESE 3 PERIODS OF GRADE GS-9 OR EQUIVALENT SERVICE TOTAL ONLY 9 YEARS, 11 MONTHS, AND 26 DAYS, AS OF JUNE 16, 1957, WHEN YOUR INSTALLATION MADE THE FIRST LONGEVITY STEP-INCREASE EFFECTIVE. IN VIEW OF THE STATUTORY REQUIREMENT OF 10 YEARS OF AGGREGATE SERVICE IN GRADE GS-9 OR EQUIVALENT OR HIGHER GRADES (33 COMP. GEN. 375), THE GRANTING OF THE LONGEVITY STEP INCREASE JUNE 16, 1957, WAS PREMATURE BY 4 DAYS AND SHOULD HAVE BEEN EFFECTED THE NEXT PAY PERIOD. THE SECOND LONGEVITY STEP-INCREASE WOULD BE COMPUTED FROM JUNE 2, 1957, WHEN HE WAS REPROMOTED TO THE MAXIMUM STEP OF GRADE GS- 9 AND WOULD BE DUE 3 YEARS FROM THAT DATE, AND SHOULD BE MADE EFFECTIVE AT THE BEGINNING OF THE FOLLOWING PAY PERIOD. THE TIME IN EXCESS OF 3 YEARS AT THE MAXIMUM OF GRADE GS-9 IN THE PERIOD JANUARY 2, 1951, TO APRIL 8, 1956, NOT USED IN GRANTING THE FIRST LONGEVITY STEP-INCREASE IS FORFEITED BECAUSE A PERIOD OF SERVICE IN GRADE GS-7 INTERVENES BETWEEN HIS SERVICE AT THE MAXIMUM STEP OF GRADE GS-9. SEE SECTIONS 25.52 (D) AND 25.54 (D) OF THE FEDERAL EMPLOYEES PAY REGULATIONS, PAGE Z1-317, FEDERAL PERSONNEL MANUAL.

BASED UPON THE FOREGOING RECORDS AND COMPUTATION IT WOULD APPEAR THAT MR. TUGGLE HAS BEEN OVERPAID FOR ONE BIWEEKLY PAY PERIOD. UNLESS THERE EXISTS SOME INFORMATION NOT BEFORE US THAT WOULD CHANGE THE SITUATION, STEPS SHOULD BE TAKEN TO ADJUST THIS MATTER SINCE THE SECOND LONGEVITY STEP- INCREASE IS OVER DUE.