B-152480, NOV. 5, 1963

B-152480: Nov 5, 1963

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HIS SALARY WAS CONVERTED UNDER SECTIONS 711 (A) (1) AND (2) OF PUB.L. 87-793. HE WAS TRANSFERRED TO THE HEADQUARTERS OFFICE AT GRADE GS-13. THE INCREASE HE RECEIVED UPON TRANSFER ($315) WAS NOT EQUAL TO A STEP INCREMENT IN GS-13 ($365). THE ONLY OTHER INCREASE HE RECEIVED DURING THE PRECEDING 52-WEEK PERIOD WAS THE INCREASE BY OPERATION OF LAW RECEIVED UPON CONVERSION ON OCTOBER 13. THE EMPLOYEE BELIEVES HE SHOULD HAVE RECEIVED STEP 3. THE DATE HE WAS APPOINTED TO THE GRADE GS-13 POSITION. IT APPEARS THAT THE CREDITABLE SERVICE OF THE EMPLOYEE TOWARD A WAITING PERIOD IN THE POSTAL FIELD SERVICE WAS LOST BY VIRTUE OF SECTION 711 (A) OF PUB.L. 87-793. UPON TRANSFER TO A POSITION UNDER THE CLASSIFICATION ACT HIS WAITING PERIOD AND CREDITABLE SERVICE IS DETERMINED UNDER SECTIONS 25.152 AND 25.153 OF THE FEDERAL EMPLOYEES PAY REGULATIONS.

B-152480, NOV. 5, 1963

TO MR. LEROY P. AFDEM, BUREAU OF FINANCE, POST OFFICE DEPARTMENT

YOUR LETTER OF SEPTEMBER 11, 1963, REFERENCE AIR:LPA:1SP, ASKS WHETHER THE ATTACHED VOUCHER IN THE AMOUNT OF $15.34 REPRESENTING THE DIFFERENCE BETWEEN STEPS 2 AND 3 OF GRADE GS-13, FOR THE PERIOD JULY 21--- AUGUST 3, 1963, MAY BE CERTIFIED FOR PAYMENT UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

YOU SAY THAT ON FEBRUARY 17, 1962, AN EMPLOYEE RECEIVED A STEP INCREASE TO PFS-12, STEP 7B, $10,230 PER ANNUM. ON OCTOBER 13, 1962, HIS SALARY WAS CONVERTED UNDER SECTIONS 711 (A) (1) AND (2) OF PUB.L. 87-793, 76 STAT. 855, TO STEP 9, $11,200 PER ANNUM. HE WAS TRANSFERRED TO THE HEADQUARTERS OFFICE AT GRADE GS-13, STEP 2, $11,515 PER ANNUM, ON JULY 21, 1963. THE INCREASE HE RECEIVED UPON TRANSFER ($315) WAS NOT EQUAL TO A STEP INCREMENT IN GS-13 ($365), AND THE ONLY OTHER INCREASE HE RECEIVED DURING THE PRECEDING 52-WEEK PERIOD WAS THE INCREASE BY OPERATION OF LAW RECEIVED UPON CONVERSION ON OCTOBER 13, 1962. THEREFORE, THE EMPLOYEE BELIEVES HE SHOULD HAVE RECEIVED STEP 3, GS-13, ON JULY 21, 1963, THE DATE HE WAS APPOINTED TO THE GRADE GS-13 POSITION.

IT APPEARS THAT THE CREDITABLE SERVICE OF THE EMPLOYEE TOWARD A WAITING PERIOD IN THE POSTAL FIELD SERVICE WAS LOST BY VIRTUE OF SECTION 711 (A) OF PUB.L. 87-793. HOWEVER, UPON TRANSFER TO A POSITION UNDER THE CLASSIFICATION ACT HIS WAITING PERIOD AND CREDITABLE SERVICE IS DETERMINED UNDER SECTIONS 25.152 AND 25.153 OF THE FEDERAL EMPLOYEES PAY REGULATIONS, 5 CFR 79-80. SEE 42 COMP. GEN. 249 (B-150219, NOVEMBER 15, 1962).

SINCE UPON TRANSFER ON JULY 21, 1963, TO THE CLASSIFICATION ACT POSITION, THE EMPLOYEE WAS PLACED IN STEP 2 OF GRADE GS-13, HIS WAITING PERIOD FOR A STEP-INCREASE IS 52 WEEKS. DURING THE 52-WEEK PERIOD ENDING ON JULY 21, 1963, THE ONLY INCREASE RECEIVED BY HIM WHICH MAY BE COUNTED TOWARD AN EQUIVALENT INCREASE FOR HIS GRADE WAS THE INCREASE OF $315 RECEIVED BY HIM UPON THE DATE OF HIS TRANSFER TO THE GRADE GS 13 POSITION WHICH AMOUNT WAS LESS THAN AN EQUIVALENT INCREASE. THEREFORE, THE EMPLOYEE HAD NOT RECEIVED AN EQUIVALENT INCREASE DURING THE SCHEDULE WAITING PERIOD ENDING ON THE DATE OF HIS TRANSFER AND BECAME ELIGIBLE FOR A STEP-INCREASE AT THAT TIME, ASSUMING THAT THE OTHER REQUISITE CONDITIONS FOR A STEP- INCREASE ARE MET.

THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.