B-150273, NOVEMBER 27, 1962, 42 COMP. GEN. 264

B-150273: Nov 27, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS REPEALED BY SECTION 607 (A) (5) OF THE FEDERAL SALARY REFORM ACT. ARE AS FOLLOWS: SEC. 607. (A) THE FOLLOWING PROVISIONS OF LAW ARE HEREBY REPEALED: (5) THE FOURTH SENTENCE OF SECTION 3 (A) OF THE FISH AND WILDLIFE ACT OF 1956 (70 STAT. 1120. UNTIL APPROPRIATE ACTION IS TAKEN IN ACCORDANCE WITH THIS TITLE. (B) THE INCUMBENT OF EACH SUCH POSITION IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS TITLE SHALL CONTINUE TO RECEIVE THE RATE OF BASIC COMPENSATION WHICH HE WAS RECEIVING IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE UNTIL HE LEAVES SUCH POSITION OR UNTIL HE IS ENTITLED TO RECEIVE COMPENSATION AT A HIGHER RATE IN ACCORDANCE WITH LAW. WAS $18. THE COMMISSIONER IS ENTITLED TO THE SALARY RATE OF $20.

B-150273, NOVEMBER 27, 1962, 42 COMP. GEN. 264

COMPENSATION - INCREASES - POSITIONS ASSIMILATED TO CLASSIFICATION ACT POSITIONS THE COMMISSIONER OF THE FISH AND WILDLIFE SERVICE WHOSE RATE OF COMPENSATION EQUIVALENT TO THAT OF A GRADE GS-18, AS PROVIDED IN 16 U.S.C. 742B (A), IS REPEALED BY SECTION 607 (A) (5) OF THE FEDERAL SALARY REFORM ACT, THE 1962 AMENDMENTS TO THE CLASSIFICATION ACT OF 1949, WHICH IN SECTION 609 (A) PROVIDES THAT THE COMPENSATION OF POSITIONS REPEALED SHALL REMAIN UNAFFECTED UNTIL PLACED IN APPROPRIATE GENERAL SCHEDULE GRADES OF THE CLASSIFICATION ACT, AND IN SECTION 609 (B) SAVES TO THE INCUMBENT OF SUCH POSITIONS THE RATE OF BASIC SALARY RECEIVED PRIOR TO THE 1962 AMENDMENTS, THE CHANGE MADE IN THE LAW PERTAINING TO THE COMMISSIONER NOT AFFECTING THE EQUIVALENT GRADE GS-18 COMPENSATION ATTACHED TO HIS POSITION UNTIL THE CIVIL SERVICE COMMISSION PLACES THE POSITION IN THE APPROPRIATE GRADE UNDER THE CLASSIFICATION ACT, AS PROVIDED IN SECTION 609 (A), AND THE SAVINGS PROVISION OF SECTION 609 (B) ONLY APPLYING IN THE EVENT THE POSITION AS CLASSIFIED RESULTS IN A LOWER RATE.

TO THE SECRETARY OF THE INTERIOR, NOVEMBER 27, 1962:

BY LETTER OF NOVEMBER 9, 1962, THE ASSISTANT SECRETARY REQUESTED OUR DECISION AS TO THE PROPER SALARY RATE OF THE COMMISSIONER OF FISH AND WILDLIFE SERVICE UNDER THE FEDERAL SALARY REFORM ACT OF 1962, PART II OF PUBLIC LAW 87-793, 76 STAT. 841, 5 U.S.C. 1171.

THE PERTINENT PROVISIONS OF PUBLIC LAW 87-793, ARE AS FOLLOWS:

SEC. 607. (A) THE FOLLOWING PROVISIONS OF LAW ARE HEREBY REPEALED:

(5) THE FOURTH SENTENCE OF SECTION 3 (A) OF THE FISH AND WILDLIFE ACT OF 1956 (70 STAT. 1120; 16 U.S.C. 742B (A) (, RELATING TO THE ANNUAL SALARY OF THE COMMISSIONER OF FISH AND WILDLIFE IN THE DEPARTMENT OF THE INTERIOR, WHICH READS:

"HE SHALL RECEIVE COMPENSATION AT THE SAME RATE AS THAT PROVIDED FOR GRADE GS-18.'

SEC. 608. (A) EACH POSITION SPECIFICALLY REFERRED TO IN, OR COVERED BY, ANY REPEAL MADE BY SECTION 607 (A) OF THIS TITLE SHALL BE PLACED IN THE APPROPRIATE GRADE OF THE GENERAL SCHEDULE OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, IN ACCORDANCE WITH THE PROVISIONS OF SUCH ACT.

SEC. 609. (A) THE CHANGES IN EXISTING LAW MADE BY THIS TITLE SHALL NOT AFFECT ANY POSITION EXISTING IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF ANY SUCH CHANGES IN EXISTING LAW, THE COMPENSATION ATTACHED TO SUCH POSITION, AND ANY INCUMBENT THEREOF, HIS APPOINTMENT THERETO, AND HIS ENTITLEMENT TO RECEIVE THE COMPENSATION ATTACHED THERETO, UNTIL APPROPRIATE ACTION IS TAKEN IN ACCORDANCE WITH THIS TITLE.

(B) THE INCUMBENT OF EACH SUCH POSITION IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS TITLE SHALL CONTINUE TO RECEIVE THE RATE OF BASIC COMPENSATION WHICH HE WAS RECEIVING IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE UNTIL HE LEAVES SUCH POSITION OR UNTIL HE IS ENTITLED TO RECEIVE COMPENSATION AT A HIGHER RATE IN ACCORDANCE WITH LAW. WHEN SUCH INCUMBENT LEAVES SUCH POSITION, THE RATE OF BASIC COMPENSATION OF EACH SUBSEQUENT APPOINTEE TO SUCH POSITION SHALL BE DETERMINED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1949, AS AMENDED.

THE ASSISTANT SECRETARY POINTS OUT THAT THE SALARY OF THE COMMISSIONER OF FISH AND WILDLIFE SERVICE IMMEDIATELY PRIOR TO THE ENACTMENT OF PUBLIC LAW 87-793, WAS $18,500 THE EQUIVALENT SALARY OF A GRADE GS-18 POSITION UNDER THE CLASSIFICATION ACT OF 1949, 5 U.S.C. 1113 (B), AS IT EXISTED AT THAT TIME. AFTER THE EFFECTIVE DATE OF THE AMENDMENTS TO THE CLASSIFICATION ACT AS CONTAINED IN PUBLIC LAW 87-793, THE SALARY OF A POSITION IN GRADE GS-18 BECAME $20,000. THEREFORE, THE QUESTION ARISES WHETHER UNDER THE PROVISIONS OF PUBLIC LAW QUOTED ABOVE, THE COMMISSIONER IS ENTITLED TO THE SALARY RATE OF $20,000 PER ANNUM FROM THE EFFECTIVE DATE OF THE ACT UNTIL SUCH TIME AS HIS POSITION IS CLASSIFIED BY THE CIVIL SERVICE COMMISSION OR WHETHER SUCH SALARY IS RESTRICTED TO THAT WHICH HE WAS RECEIVING IMMEDIATELY PRIOR TO SUCH EFFECTIVE DATE, THAT IS, $18,500 PER ANNUM.

UNDER SECTION 609 (A) OF PUBLIC LAW 87-793, 5 U.S.C. 1113 NOTE, THE CHANGE MADE IN THE LAW PERTAINING TO THE COMMISSIONER OF FISH AND WILDLIFE SERVICE DOES NOT AFFECT THE COMPENSATION ATTACHED TO SUCH POSITION AND HE IS ENTITLED TO RECEIVE SUCH COMPENSATION UNTIL APPROPRIATE ACTION IS TAKEN BY THE CIVIL SERVICE COMMISSION TO PLACE THE POSITION IN ITS APPROPRIATE GRADE UNDER THE CLASSIFICATION ACT. OUR VIEW IS THAT THE COMPENSATION ATTACHED TO THE COMMISSIONER POSITION MUST BE REGARDED AS THE EQUIVALENT OF THE SALARY PROVIDED FOR GRADE GS 18, ON AND AFTER THE EFFECTIVE DATE OF PUBLIC LAW 87-793, WHICH INCLUDES ANY INCREASE IN THE SALARY OF THAT GRADE. SECTION 609 (B) OF THE ACT, 5 U.S.C. 1113 NOTE, IS MERELY A SAVINGS PROVISION TO PRESERVE TO AN INCUMBENT OF A POSITION THE SALARY HE WAS RECEIVING IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THE ACT, PRESUMABLY IN THE EVENT THE CIVIL SERVICE COMMISSION SHOULD CLASSIFY SUCH POSITION IN A GRADE UNDER THE CLASSIFICATION ACT FOR WHICH A LOWER SALARY RATE IS SPECIFIED.

THEREFORE, WE ARE OF THE OPINION THAT THE COMMISSIONER OF FISH AND WILDLIFE SERVICE IS ENTITLED TO RECEIVE THE EQUIVALENT OF THE NEW SALARY OF GRADE GS-18, $20,000 PER ANNUM, ON AND AFTER THE EFFECTIVE DATE OF PUBLIC LAW 87-793, UNTIL SUCH TIME AS THE COMMISSION PLACES SUCH POSITION IN AN APPROPRIATE GRADE UNDER THE CLASSIFICATION ACT.