B-150510, JAN. 14, 1963

B-150510, JAN. 14, 1963

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, POST OFFICE DEPARTMENT:

ON DECEMBER 19, 1962, REFERENCE AIR:LPA, YOU REQUESTED OUR DECISION WHETHER A VOUCHER IN FAVOR OF MRS. ETHEL MARCUM FOR THE DIFFERENCE IN COMPENSATION BETWEEN PFS-2, $2 PER HOUR AND STEP 3, $2.07 PER HOUR FOR THE PERIOD OCTOBER 27, 1962, TO NOVEMBER 9, 1962, MAY BE CERTIFIED FOR PAYMENT.

YOU SAY THAT MRS. MARCUM'S SERVICE HISTORY FROM THE DATE OF ORIGINAL APPOINTMENT IS AS FOLLOWS:

TABLE

"12) 3/60 APPT. TEMP. NTE 3) 1/61 PFS-2, STEP-1 $1.82

3) 2/61 APPT. TEMP. NTE 6) 1/61 PFS-2, STEP-1 1.82

6) 1/61 APPT. TEMP. NTE 5/31/62 PFS-2, STEP-1 1.82

6) 1/62 APPT. TEMP. NTE 5/31/62 (63) PFS-2, STEP-1 1.82

10/13/62 P.L. 87-793 - CONV. PFS-2, STEP-2 2.00

10/20/62 APPT. TEMP. INDEFINITE PFS-2, STEP-2 2.00"

YOU ALSO SAY THAT:

"UNDER SEC. 3553 OF PUBLIC LAW 86-682 TEMPORARY SERVICE FOR ONE YEAR OR LESS IS CREDITABLE FOR STEP-INCREASE PURPOSES IF IT IS CONTINUOUS TO THE DATE OF APPOINTMENT TO A POSITION OF UNLIMITED DURATION. SINCE MRS. MARCUM HAD A YEAR AND 10 MONTHS OF TEMPORARY SERVICE, SHE WAS PLACED IN PFS-2, STEP-2, ON OCTOBER 20, 1962, AT THE TIME OF HER INDEFINITE APPOINTMENT (STEP-1 PLUS 1 STEP FOR THE FULL YEAR OF TEMPORARY SERVICE) AND WOULD RECEIVE STEP-3 ON DECEMBER 8, 1962, ALLOWING CREDIT FOR THE 10 MONTHS OF SERVICE IN EXCESS OF A YEAR. HOWEVER, THIS METHOD ONLY PLACES HER IN THE STEP SHE WAS RECEIVING UNDER THE PROVISIONS OF SEC. 711. (A) (1) OF PUBLIC LAW 87-793.

"SINCE MRS. MARCUM HAD A YEAR AND TEN MONTHS OF TEMPORARY SERVICE, WE BELIEVE THAT SHE SHOULD HAVE RECEIVED CREDIT FOR THIS SERVICE ON OCTOBER 20, BY VIRTUE OF SECTION 711 (A) (3) OF PUBLIC LAW 87-793 WHICH PRESERVED CREDIT UNDER SECTION 3553 OF TITLE 39. THUS SHE WOULD HAVE BEEN PLACED IN STEP-3, WITH CREDIT TOWARD THE NEXT STEP-INCREASE, DUE DECEMBER 8, 1962. UNDER THIS PREMISE, HER SERVICE HISTORY WOULD BE AS FOLLOWS:

TABLE

"12) 3/60 APPOINTED PFS-2, STEP-1 $1.82

10/13/62 P.L. 87-793 - CONV. PFS-2, STEP-2 2.00

10/20/62 APPT. INDEF. WITH

98 WEEKS CREDIT PFS-2, STEP-3 2.07

12) 8/62 STEP-INCREASE PFS-2, STEP-4 2.14"

SECTIONS 711 (A) (1) AND (3) OF PUBLIC LAW 87-793, 76 STAT. 855, PROVIDE:

"/1) EACH EMPLOYEE SHALL BE ASSIGNED TO THE SAME NUMERICAL LEVEL AND STEP HE WAS IN PRIOR TO THE EFFECTIVE DATE OF SUCH SCHEDULE, EXCEPT THAT EMPLOYEES IN THE FIRST FOUR LEVELS OF THE POSTAL FIELD SERVICE SCHEDULE AND EMPLOYEES (EXCEPT EMPLOYEES SUBJECT TO SECTION 3543 (J) OF TITLE 39, UNITED STATES CODE) IN THE RURAL CARRIER SCHEDULE SHALL BE ADVANCED AS FOLLOWS: EMPLOYEES IN STEP 1 TO STEP 2 OF THE NEW SCHEDULE; STEP 2 TO STEP 3; STEP 3 TO STEP 4; STEP 4 TO STEP 5; STEP 5 TO STEP 6; STEP 6 TO STEP 7; STEP 7 TO STEP 8. IF CHANGES IN LEVEL OR STEP WOULD OTHERWISE OCCUR ON THE EFFECTIVE DATE OF SUCH SCHEDULE WITHOUT REGARD TO THE ENACTMENT OF SUCH SCHEDULE, SUCH CHANGES SHALL BE DEEMED TO HAVE OCCURRED PRIOR TO CONVERSION UNDER THIS PARAGRAPH.

"/3) CREDIT TOWARD THE NEXT STEP-INCREASE (OTHER THAN TOWARD LONGEVITY STEPS) EARNED BY AN EMPLOYEE WHO HAD NOT REACHED STEP 7 OR WHO IS NOT ADVANCED TO STEP 7 UNDER PARAGRAPH (1) PRIOR TO THE EFFECTIVE DATE OF SUCH SCHEDULE SHALL BE CREDITABLE UNDER SUBSECTION 3552 (A) AND SECTION 3553 OF TITLE 39, U.S.C. TOWARD FURTHER STEP INCREASES IF NO STEP-INCREASES WERE GRANTED PURSUANT TO PARAGRAPH (2) OF THIS SUBSECTION. CREDIT EARNED TOWARD LONGEVITY STEP-INCREASES PRIOR TO THE EFFECTIVE DATE OF SUCH SCHEDULE SHALL NOT BE CREDITABLE TOWARD FURTHER STEP-INCREASES PURSUANT TO SUBSECTION 3552 (A), AND SECTION 3553 OF TITLE 39, UNITED STATES CODE.'

WE AGREE THAT, SINCE SECTION 711 (A) (3) PRESERVED CREDIT TOWARD STEP- INCREASES, MRS. MARCUM SHOULD HAVE RECEIVED CREDIT FOR HER TEMPORARY SERVICE ON OCTOBER 20, 1962. THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.