B-150245, NOVEMBER 26, 1962, 42 COMP. GEN. 263

B-150245: Nov 26, 1962

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IS EQUALLY APPLICABLE HERE. IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT.

B-150245, NOVEMBER 26, 1962, 42 COMP. GEN. 263

COMPENSATION - LONGEVITY INCREASES - EFFECT OF AMENDATORY ACT AN EMPLOYEE WHO NOT ONLY COMPLETED THE REQUIRED 10 YEARS OF SERVICE FOR A LONGEVITY STEP-INCREASE ON OCTOBER 13, 1962--- THE DAY BEFORE THE EFFECTIVE DATE OF THE CLASSIFICATION ACT AMENDMENTS OF 1962--- BUT, ALSO, AT THE SAME TIME, COMPLETED 6 YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM RATE OF THE GRADE, ACQUIRED A VESTED RIGHT TO TWO LONGEVITY STEP-INCREASES PRIOR TO THE 1962 AMENDMENTS, AND THE LIMITATION IN SECTION 602 (B) (10), 5 U.S.C. 1113 NOTE, ON CREDITING PREVIOUS SERVICE TOWARD A ONE STEP- INCREASE, DOES NOT PRECLUDE AN ADJUSTMENT OF COMPENSATION TO THE EMPLOYEE BASED ON THE SECOND LONGEVITY STEP INCREASE.

TO MILDRED O. YOUNG, DEPARTMENT OF COMMERCE, NOVEMBER 26, 1962:

YOUR LETTER OF NOVEMBER 5, 1962, REFERENCE 34-29, SUBMITS CERTAIN PAPERS, INCLUDING A VOUCHER IN THE AMOUNT OF $6.82, REPRESENTING A PROPOSED PAYMENT OF ADDITIONAL COMPENSATION TO AN EMPLOYEE BASED ON A SECOND LONGEVITY STEP-INCREASE UNDER THE PRINCIPLE SET OUT IN OUR DECISION B- 150041, OCTOBER 12, 1962, 42 COMP. GEN. 202.

IN THAT DECISION WE HELD THAT SINCE THE EMPLOYEE INVOLVED HAD COMPLETED THE REQUIRED PERIOD OF SERVICE FOR A STEP-INCREASE BEFORE THE NEW SALARY ADJUSTMENT ACT--- FEDERAL EMPLOYEES SALARY REFORM ACT OF 1962, 76 STAT. 841, 5 U.S.C. 1171--- BECAME EFFECTIVE, HE HAD A VESTED RIGHT THERETO UNDER THE PROVISIONS OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1121, IN EFFECT PRIOR TO OCTOBER 14, 1962.

YOU SAY THAT THE EMPLOYEE HERE INVOLVED COMPLETED AT MIDNIGHT OCTOBER 13, 1962, THE REQUIRED AGGREGATE 10 YEARS OF SERVICE FOR A LONGEVITY STEP- INCREASE AND AT THE SAME TIME HAD COMPLETED 6 YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM RATE OF GRADE GS-6, ENTITLING HIM TO 2 LONGEVITY STEP- INCREASES, EFFECTIVE OCTOBER 14, 1962, UNDER THE PROVISIONS OF SECTION 703 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1123. SINCE UNDER THE FOREGOING FACTS THE EMPLOYEE ACQUIRED A VESTED RIGHT TO 2 LONGEVITY STEP-INCREASES PRIOR TO THE EFFECTIVE DATE OF THE FEDERAL EMPLOYEES SALARY REFORM ACT, WHAT WE SAID IN B-150041, OCTOBER 12, 1962, IS EQUALLY APPLICABLE HERE. THE VOUCHER, TOGETHER WITH RELATED PAPERS, IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.