B-153781, APR. 24, 1964

B-153781: Apr 24, 1964

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YOUR LETTER SAYS THAT- - "IT IS REQUESTED THAT A DECISION ALSO BE RENDERED AS TO THE EFFECTIVE DATE AS TO STEP ASSIGNMENT WITHIN GRADE. "THE RANDOLPH AFB CIVILIAN PERSONNEL OFFICE HAS STIPULATED THAT THE EFFECTIVE DATE FOR CONSIDERATION OF INCREASE IS JUNE 1965. SINCE ACTUAL PAY DECREASE WAS JUNE 1963. "A STEP INCREASE WAS GRANTED. CONTEND THAT THE EFFECTIVE DATE IS OCTOBER 1962. WHILE YOUR LETTER SAYS YOU WERE GRANTED SUCH INCREASE IN OCTOBER 1962. WHILE YOU HAVE NO CURRENT CLAIM HERE FOR ANY ADDITIONAL SALARY WHICH THIS OFFICE MAY SETTLE AND DETERMINE AT THIS TIME. IT IS OUR VIEW THAT YOUR NEW WAITING PERIOD WOULD BEGIN ON THE DATE YOUR RATE OF COMPENSATION WAS OR SHOULD HAVE BEEN CONSTRUCTIVELY FIXED AT THE STEP 7 RATE IN GRADE GS-13.

B-153781, APR. 24, 1964

TO MR. RAY T. WOODHALL:

YOUR LETTER OF MARCH 11, 1964, REQUESTS ADVICE CONCERNING CERTAIN MATTERS RELATED TO OUR SETTLEMENT OF FEBRUARY 20, 1964, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL SALARY REPRESENTING THE DIFFERENCE BETWEEN THE SALARY OF GS-13, STEP 9, AND GS-13, STEP 7, FOR THE PERIOD JUNE 10, 1963, TO SEPTEMBER 9, 1963. YOUR LETTER SAYS THAT- -

"IT IS REQUESTED THAT A DECISION ALSO BE RENDERED AS TO THE EFFECTIVE DATE AS TO STEP ASSIGNMENT WITHIN GRADE, FOR CONSIDERATION FOR APPROVAL OF PAY STEP INCREASE.

"THE RANDOLPH AFB CIVILIAN PERSONNEL OFFICE HAS STIPULATED THAT THE EFFECTIVE DATE FOR CONSIDERATION OF INCREASE IS JUNE 1965, SINCE ACTUAL PAY DECREASE WAS JUNE 1963.

"A STEP INCREASE WAS GRANTED, OCTOBER 1962 TO MEET THE REQUIREMENTS OF THE FEDERAL SALARY ACT OF 1962. I, THEREFORE, CONTEND THAT THE EFFECTIVE DATE IS OCTOBER 1962, NOT JUNE OF 1963.'

OUR RECORDS DO NOT DISCLOSE THE EXACT DATE ON WHICH YOU COMPLETED THE NECESSARY WAITING PERIOD FOR CONSTRUCTIVE ADVANCEMENT TO STEP 7 IN GRADE GS-13. WHILE YOUR LETTER SAYS YOU WERE GRANTED SUCH INCREASE IN OCTOBER 1962, THE RANDOLPH AIR FORCE BASE CIVILIAN PERSONNEL OFFICE APPARENTLY CONSIDERS THAT A NEW WAITING PERIOD WOULD BEGIN, NOT IN OCTOBER 1962 WHEN APPARENTLY YOU ACQUIRED ELIGIBILITY FOR STEP 7 BUT IN JUNE 1963 WHEN YOUR SALARY RETENTION PERIOD ENDED AND YOUR SALARY BECAME PAYABLE AT THE GS-13 (7) RATE.

WHILE YOU HAVE NO CURRENT CLAIM HERE FOR ANY ADDITIONAL SALARY WHICH THIS OFFICE MAY SETTLE AND DETERMINE AT THIS TIME, IT IS OUR VIEW THAT YOUR NEW WAITING PERIOD WOULD BEGIN ON THE DATE YOUR RATE OF COMPENSATION WAS OR SHOULD HAVE BEEN CONSTRUCTIVELY FIXED AT THE STEP 7 RATE IN GRADE GS-13. THIS APPARENTLY WAS IN OCTOBER 1962 ALTHOUGH THE EXACT DATE WOULD BE SUBJECT TO VERIFICATION. SINCE THE WAITING PERIOD FOR ADVANCEMENT FROM STEP 7 TO STEP 8 IS 156 WEEKS (SEE SECTION 701 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY SECTION 603 OF THE CLASSIFICATION ACT AMENDMENTS OF 1962, 5 U.S.C. 1121), IT DOES NOT APPEAR THAT YOU WILL BE ELIGIBLE FOR ADVANCEMENT TO STEP 8 BEFORE OCTOBER 1965.