B-151139, APR. 30, 1963

B-151139: Apr 30, 1963

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SINCE THE VOUCHER WHICH WAS ENCLOSED WITH THAT LETTER IS BEFORE YOU FOR CERTIFICATION OUR REPLY IS ADDRESSED DIRECTLY TO YOU. STERN WAS PROMOTED TO GRADE GS-12 ON OCTOBER 24. HE WAS DEMOTED TO GRADE GS-11 WITH HIS SALARY FIXED AT $8. HIS SALARY WAS FIXED AT $9. HIS LAST EQUIVALENT INCREASE WAS UPON HIS PROMOTION TO GRADE GS-12 ON OCTOBER 24. SHOULD HAVE BEEN CONSIDERED IN FIXING HIS SALARY RATE ON OCTOBER 14. WE RULED THAT SERVICE WHICH UNDER PRIOR LAW HAD BEEN CREDITABLE TOWARD WITHIN GRADE INCREASES WAS NOT LIMITED TO SERVICE IN THE SAME GRADE. THEREFORE HE WAS ENTITLED TO HAVE HIS SALARY INCREASED TO $9. THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IF MODIFIED TO ACCORD WITH THE FOREGOING AND IF OTHERWISE CORRECT.

B-151139, APR. 30, 1963

TO MRS. MURIEL R. MOORE, DEPARTMENTAL ADMINISTRATIVE SERVICES DIVISION DEPARTMENT OF THE NAVY:

WE REFER TO THE LETTER OF MR. A. O. CAMPBELL, ACTING DIRECTOR OF THE DEPARTMENTAL ADMINISTRATIVE SERVICES DIVISION, DEPARTMENT OF THE NAVY, REFERENCE DASD:CPB:MRM:MCR DATED MARCH 22, 1963, CONCERNING THE ENTITLEMENT OF MR. DAVID S. STERN, AN EMPLOYEE OF THE BUREAU OF NAVAL WEAPONS, DEPARTMENT OF THE NAVY, TO A WITHIN GRADE STEP-INCREASE IN SALARY IN OCTOBER 1962. SINCE THE VOUCHER WHICH WAS ENCLOSED WITH THAT LETTER IS BEFORE YOU FOR CERTIFICATION OUR REPLY IS ADDRESSED DIRECTLY TO YOU. U.S.C. 82D.

MR. STERN WAS PROMOTED TO GRADE GS-12 ON OCTOBER 24, 1960, WITH COMPENSATION AT SALARY STEP A OF THAT GRADE ($8,955). ON APRIL 29, 1962, HE BECAME ELIGIBLE FOR A WITHIN GRADE PROMOTION TO STEP B. HOWEVER, HE WAS DEMOTED TO GRADE GS-11 WITH HIS SALARY FIXED AT $8,860 PER ANNUM OR STEP F OF THE LOWER GRADE. THE VOUCHER SHOWS THAT ON OCTOBER 14, 1962, HIS SALARY WAS FIXED AT $9,370 PER ANNUM, THE SIXTH STEP OF GRADE GS-11, UNDER THE FEDERAL SALARY REFORM ACT OF 1962, APPROVED OCTOBER 11, 1962, PUB.L. 87-793, 76 STAT. 844. HIS LAST EQUIVALENT INCREASE WAS UPON HIS PROMOTION TO GRADE GS-12 ON OCTOBER 24, 1960. YOU ASK WHETHER THE SERVICE OF MR. STERN IN GRADES GS-12 AND GS-11, PRIOR TO THE EFFECTIVE DATE OF THE ABOVE- CITED STATUTE, SHOULD HAVE BEEN CONSIDERED IN FIXING HIS SALARY RATE ON OCTOBER 14, 1962. IN A SIMILAR CASE, B-150219, NOVEMBER 15, 1962, 42 COMP. GEN. - , WHICH, AMONG OTHER THINGS, CONCERNED THE LIMITATION OF PRIOR SERVICE TO A ONE STEP-INCREASE, WE RULED THAT SERVICE WHICH UNDER PRIOR LAW HAD BEEN CREDITABLE TOWARD WITHIN GRADE INCREASES WAS NOT LIMITED TO SERVICE IN THE SAME GRADE, SO LONG AS THE EMPLOYEE HAD SERVED THE REQUISITE PERIOD WITHOUT AN EQUIVALENT INCREASE. SEE QUESTION 1 AND ANSWER THERETO IN THE CITED DECISION. IN THIS CASE MR. STERN HAD SERVED 104 WEEKS WITHOUT AN EQUIVALENT INCREASE ON OCTOBER 22, 1962. THEREFORE HE WAS ENTITLED TO HAVE HIS SALARY INCREASED TO $9,635 (STEP 7), EFFECTIVE WITH THE FIRST DATE OF THE FIRST PAY PERIOD FOLLOWING THAT DATE, I.E., OCTOBER 28, 1962.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IF MODIFIED TO ACCORD WITH THE FOREGOING AND IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.