B-151067, APR. 18, 1963

B-151067: Apr 18, 1963

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O-DONNELL WAS GIVEN A LEVEL V TEMPORARY APPOINTMENT AT $13. 970 PER ANNUM WHICH WAS EQUIVALENT TO THE TOP GRADE OF GS-15. SECOND STEP WAS EFFECTED JULY 10. SINCE THE STEP-INCREASE IN GRADE GS-15 WERE MORE THAN $200. THE WAITING PERIOD FOR A STEP-INCREASE FROM THE SECOND TO THE THIRD STEP OF GS-15 WAS 78 WEEKS UNDER THE PROVISIONS OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949. SECTION 701 PROVIDES AS A CONDITION FOR A STEP-INCREASE THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING THE WAITING PERIOD. IS $13. O-DONNEL WAS GIVEN A LEVEL V TEMPORARY APPOINTMENT ON JUNE 26. WHICH RATE WAS EQUAL TO THE MAXIMUM SCHEDULED RATE OF GS-15.

B-151067, APR. 18, 1963

TO MRS. MARY C. ROBERTS, AGENCY FOR INTERNATIONAL DEVELOPMENT, DEPARTMENT OF STATE:

IN A LETTER RECEIVED HERE ON MARCH 14, 1963, REFERENCE C/ACC.1:MCR, YOU REQUESTED OUR DECISION REGARDING CREDITABLE SERVICE FOR A STEP INCREASE FOR MR. FRANCES T. O-DONNELL, AN EMPLOYEE OF YOUR AGENCY.

YOU INFORM US THAT:

"FRANCES T. O-DONNELL, AN EMPLOYEE OF THIS AGENCY RECEIVED A PERIODIC STEP INCREASE FROM $12,770 PER ANNUM, THE FIRST STEP OF GS-15 TO $13,070, THE SECOND STEP, ON JUNE 28, 1959. ON JUNE 30, 1959, MR. O-DONNELL RESIGNED FROM HIS PER ANNUM POSITION TO ACCEPT AN APPOINTMENT, WITHOUT A BREAK IN SERVICE, AS AN EXPERT AT $50.00 PER DAY. THIS APPOINTMENT TERMINATED ON JUNE 25, 1960 AND MR. O-DONNELL WAS GIVEN A LEVEL V TEMPORARY APPOINTMENT AT $13,970 PER ANNUM WHICH WAS EQUIVALENT TO THE TOP GRADE OF GS-15, EFFECTIVE JUNE 26, 1960. A CHANGE IN DESIGNATION FROM LEVEL V, $13,970 TO ES-15 (SIC), SECOND STEP WAS EFFECTED JULY 10, 1960 WHICH UNDER PUBLIC LAW 665, 83RD CONGRESS INCREASED HIS SALARY TO $14,055.'

YOU REQUEST OUR OPINION WHETHER THE PERIODS MR. O-DONNELL HELD THE TEMPORARY EXPERT AND LEVEL V POSITIONS MAY BE CONSIDERED AS PART OF HIS WAITING PERIOD FOR A PERIODIC INCREASE FROM JUNE 28, 1959, RATHER THAN JUNE 26, 1960, THE EFFECTIVE DATE OF THE LEVEL V APPOINTMENT.

SECTION 25.11 (D) OF THE FEDERAL EMPLOYEES PAY REGULATIONS PROVIDES THAT CREDITABLE SERVICE IN THE COMPUTATION OF WAITING PERIODS INCLUDES:

"/1) CONTINUOUS PAID CIVILIAN EMPLOYMENT IN ANY BRANCH (EXECUTIVE, LEGISLATIVE, OR JUDICIAL) OF THE FEDERAL GOVERNMENT, OR IN THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, INCLUDING ADVANCE ANNUAL OR SICK LEAVE, AND SERVICE UNDER A TEMPORARY APPOINTMENT OR COMPENSATED AT A PER DIEM OR HOURLY RATE, BUT NOT INCLUDING SERVICE PAID AT OVERTIME RATES.'

SINCE THE STEP-INCREASE IN GRADE GS-15 WERE MORE THAN $200, THE WAITING PERIOD FOR A STEP-INCREASE FROM THE SECOND TO THE THIRD STEP OF GS-15 WAS 78 WEEKS UNDER THE PROVISIONS OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949, CH. 782, TITLE VII, 63 STAT. 967, AS AMENDED (LATER AMENDED BY SECTION 603 OF THE POSTAL SERVICE AND FEDERAL EMPLOYEES SALARY ACT OF 1962, PUBLIC LAW 87-793, 76 STAT. 847), 5 U.S.C. 1121.

SECTION 701 PROVIDES AS A CONDITION FOR A STEP-INCREASE THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING THE WAITING PERIOD.

THE EQUIVALENT PER ANNUM RATE OF A PER DIEM RATE OF $50, USING THE STANDARD PERIOD OF EMPLOYMENT PER ANNUM, OR 260 DAYS (COMPARE 36 COMP. GEN. 186), IS $13,000, OR A RATE SLIGHTLY LOWER THAN THE RATE OF $13,070 PER ANNUM FOR THE SECOND STEP OF GS-15 AT THE TIME OF MR. O DONNELL'S APPOINTMENT AS AN EXPERT AT $50 A DAY ON JUNE 30, 1959. THIS APPOINTMENT TERMINATED ON JUNE 25, 1960, AND MR. O-DONNEL WAS GIVEN A LEVEL V TEMPORARY APPOINTMENT ON JUNE 26, 1960, AT $13,970 PER ANNUM, WHICH RATE WAS EQUAL TO THE MAXIMUM SCHEDULED RATE OF GS-15. THIS REPRESENTED AN EQUIVALENT INCREASE IN COMPENSATION AND A NEW WAITING PERIOD BEGAN ON THAT DATE.

THEREFORE, ONLY THE SERVICE FROM JUNE 26, 1960, UNDER THE LEVEL V TEMPORARY APPOINTMENT, MAY BE CREDITED TOWARD THE WAITING PERIOD FOR THE INCREASE TO STEP 3 OF GS-15.