B-144354, NOV. 16, 1960

B-144354: Nov 16, 1960

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AT WHICH TIME THE EMPLOYEE WAS SERVING UNDER A TEMPORARY LIMITED APPOINTMENT. WHICH WAS MADE UNDER SECTION 2.404 (A) OF THE CIVIL SERVICE REGULATIONS. WAS LIMITED TO A PERIOD NOT TO EXCEED NINETY DAYS. ALTHOUGH THE POSITION TO WHICH SHE WAS APPOINTED WAS AND IS A PERMANENT POSITION. THE TEMPORARY APPOINTMENT WAS EXTENDED BY TWO SUBSEQUENT PERSONNEL ACTIONS. THE EMPLOYEE WAS CONVERTED TO A REINSTATEMENT CAREER STATUS. HER SALARY WAS FIXED AT GS-4. ANOTHER PERSONNEL ACTION WAS PROCESSED TO MAKE THE PERIODIC STEP INCREASE RETROACTIVELY EFFECTIVE TO MAY 1. HER PERIODS OF CREDITABLE SERVICE ARE: JUNE 1. AUTHORIZES PERIODIC STEP INCREASES IN COMPENSATION FOR EMPLOYEES OCCUPYING PERMANENT POSITIONS WHO HAVE NOT ATTAINED THE MAXIMUM SCHEDULED RATE OF THE GRADE FOR THEIR POSITIONS.

B-144354, NOV. 16, 1960

TO J. E. MILLER, LTJG, SC, USNR:

YOUR LETTER OF OCTOBER 6, 1960, REFERENCE 13.32/HW:AVB SER 3183, FORWARDED HERE BY THE ASSISTANT COMPTROLLER OF THE NAVY ON OCTOBER 28, REQUESTS OUR DECISION WHETHER A PAYROLL VOUCHER IN FAVOR OF OLENE S. TOWNSEND, A CIVILIAN EMPLOYEE, FOR $36 FOR THE PERIOD MAY 1, 1960, TO SEPTEMBER 3, 1960, MAY BE CERTIFIED FOR PAYMENT. THAT AMOUNT REPRESENTS COMPENSATION FOR A PERIODIC STEP INCREASE PROCESSED RETROACTIVELY TO MAY 1, 1960, AT WHICH TIME THE EMPLOYEE WAS SERVING UNDER A TEMPORARY LIMITED APPOINTMENT.

YOU SAY THAT MRS. TOWNSEND RECEIVED A TEMPORARY LIMITED APPOINTMENT TO THE POSITION OF ACCOUNTS MAINTENANCE CLERK, GS-4, STEP 1, $3,775 PER ANNUM, EFFECTIVE APRIL 4, 1960. THE APPOINTMENT, WHICH WAS MADE UNDER SECTION 2.404 (A) OF THE CIVIL SERVICE REGULATIONS, WAS LIMITED TO A PERIOD NOT TO EXCEED NINETY DAYS, ALTHOUGH THE POSITION TO WHICH SHE WAS APPOINTED WAS AND IS A PERMANENT POSITION. THE TEMPORARY APPOINTMENT WAS EXTENDED BY TWO SUBSEQUENT PERSONNEL ACTIONS. ON SEPTEMBER 4, 1960, THE EMPLOYEE WAS CONVERTED TO A REINSTATEMENT CAREER STATUS. HER SALARY WAS FIXED AT GS-4, STEP 2, $4,145, TO INCLUDE A PERIODIC STEP INCREASE, AND, AT THE SAME TIME, ANOTHER PERSONNEL ACTION WAS PROCESSED TO MAKE THE PERIODIC STEP INCREASE RETROACTIVELY EFFECTIVE TO MAY 1, 1960. YOU ALSO INFORM US THAT MRS. TOWNSEND'S PERSONNEL RECORD INDICATES THAT SHE HAS SUFFICIENT CREDITABLE SERVICE TO ENTITLE HER TO A PERIODIC STEP INCREASE ON MAY 1, 1960, PROVIDED SHE MEETS THE REQUIREMENTS OF OCCUPYING A PERMANENT POSITION AS DEFINED IN SECTION 25.11 (B) OF THE FEDERAL EMPLOYEES PAY REGULATIONS, FEDERAL PERSONNEL MANUAL, PAGE Z1-314. HER PERIODS OF CREDITABLE SERVICE ARE: JUNE 1, 1958, THROUGH AUGUST 29, 1958; SEPTEMBER 22, 1958, THROUGH JUNE 12, 1959; AND APRIL 4, 1960, THROUGH APRIL 30, 1960.

SECTION 701 OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 967, AS AMENDED, 5 U.S.C. 1121, AUTHORIZES PERIODIC STEP INCREASES IN COMPENSATION FOR EMPLOYEES OCCUPYING PERMANENT POSITIONS WHO HAVE NOT ATTAINED THE MAXIMUM SCHEDULED RATE OF THE GRADE FOR THEIR POSITIONS.

SECTION 25.11 (B) OF THE FEDERAL EMPLOYEES PAY REGULATIONS DEFINES "PERMANENT POSITION" AS FOLLOWS:

"/B) PERMANENT POSITION IS ANY POSITION COMPENSATED ON A PER ANNUM BASIS WITHIN THE SCOPE OF SCHEDULED RATES OF COMPENSATION FIXED BY THE CLASSIFICATION ACT OF 1949, EXCEPT A POSITION DESIGNATED AS TEMPORARY BY LAW OR WITH A DEFINITE TIME LIMITATION.'

THE QUESTION WHETHER AN EMPLOYEE OCCUPIES A PERMANENT OR TEMPORARY POSITION IS DETERMINED BY THE TENURE OF THE EMPLOYEE UNDER THE TERMS OF APPLICABLE LAW OR THE TERMS AND CONDITIONS OF THE APPOINTMENT OR CONTRACT OF EMPLOYMENT. SEE 21 COMP. GEN. 369; 21 ID. 1067. SINCE MRS. TOWNSEND WAS GIVEN A TEMPORARY LIMITED APPOINTMENT SHE DID NOT OCCUPY A PERMANENT POSITION AS DEFINED IN SECTION 25.11 (B) OF THE REGULATIONS WHILE SERVING UNDER THAT APPOINTMENT. THEREFORE, THE VOUCHER, WHICH WILL BE RETAINED HERE, MAY NOT BE PAID.