B-157968, FEB. 10, 1966

B-157968: Feb 10, 1966

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TO THE SECRETARY OF THE NAVY: WE HAVE BEFORE US FOR CONSIDERATION A CLAIM FROM MRS. WE ARE ENCLOSING DOCUMENTATION WHICH CONSTITUTES A COMPLETE HISTORY OF ALL ACTIONS TAKEN ON MRS. HALL'S SALARY WAS ORIGINALLY SET AT THE FIRST STEP OF A GS-9 (THE EQUIVALENT OF A TWO-STEP INCREASE AT THE TIME THIS ACTION WAS EFFECTED). 5TH STEP) WAS RETROACTIVELY ADJUSTED TO THE NEW SALARY RATE. THE PROMOTION ACTION WAS THEN CORRECTED TO GIVE MRS. THIS CORRECTIVE ACTION WAS CANCELLED TO CONFORM WITH INSTRUCTIONS RECEIVED IN SECNAVNOTE 12552 OF 14 AUGUST 1964. A PAY ADJUSTMENT WAS PREPARED SIMULTANEOUSLY TO REFLECT THE REVISED SALARY RATE OF $7220 PER ANNUM.'. FOLLOWING WILL BE APPLICABLE WHERE POSITION CHANGES OCCURRED DURING RETROACTIVE PERIOD: "A.

B-157968, FEB. 10, 1966

TO THE SECRETARY OF THE NAVY:

WE HAVE BEFORE US FOR CONSIDERATION A CLAIM FROM MRS. SADIE L. HALL, A CIVILIAN EMPLOYEE OF THE MARINE CORPS SUPPLY CENTER, ALBANY, GEORGIA, FOR A SALARY ADJUSTMENT, EFFECTIVE JULY 5, 1964.

THE MARINE CORPS SUPPLY CENTER, IN RESPONSE TO OUR REQUEST OF DECEMBER 8, 1965, HAS SUBMITTED UNDER ITS LETTER OF JANUARY 20, 1966, REFERENCE A230:RCH:PS 12552, THE NECESSARY DOCUMENTATION TO SUPPORT AN ADJUSTMENT OF MRS. HALL'S SALARY RATE, IF FOUND BY US TO BE PROPER, AND INFORMED US CONCERNING HER PERSONNEL HISTORY AS FOLLOWS:

"IN ADDITION TO THE ADJUSTMENT VOUCHER WHICH YOU REQUESTED, WE ARE ENCLOSING DOCUMENTATION WHICH CONSTITUTES A COMPLETE HISTORY OF ALL ACTIONS TAKEN ON MRS. HALL SINCE HER PROMOTION ON 07-05-64. MRS. HALL'S SALARY WAS ORIGINALLY SET AT THE FIRST STEP OF A GS-9 (THE EQUIVALENT OF A TWO-STEP INCREASE AT THE TIME THIS ACTION WAS EFFECTED). IN AUGUST OF 1964, HER SALARY IN THE GRADE PREVIOUSLY HELD (GS-7, 5TH STEP) WAS RETROACTIVELY ADJUSTED TO THE NEW SALARY RATE. BASED ON THE INCREASED SALARY RATE, THE PROMOTION ACTION WAS THEN CORRECTED TO GIVE MRS. HALL THE BENEFIT OF THE SECOND STEP OF THE GS-9 RATING. ON 08-21-64, THIS CORRECTIVE ACTION WAS CANCELLED TO CONFORM WITH INSTRUCTIONS RECEIVED IN SECNAVNOTE 12552 OF 14 AUGUST 1964, THEREBY RETURNING MRS. HALL TO THE FIRST STEP OF A GS-9 AT $7030 PER ANNUM. A PAY ADJUSTMENT WAS PREPARED SIMULTANEOUSLY TO REFLECT THE REVISED SALARY RATE OF $7220 PER ANNUM.'

IN THAT REGARD THE MARINE CORPS SUPPLY CENTER'S LETTER OF JANUARY 20, 1966, REFERS TO SECNAVNOTE 12552 OF AUGUST 14, 1964. THAT INSTRUCTION READS IN PART AS FOLLOWS:

"19. FOLLOWING WILL BE APPLICABLE WHERE POSITION CHANGES OCCURRED DURING RETROACTIVE PERIOD:

"A. PROMOTION FROM ONE GRADE POSITION TO ANOTHER: EMPLOYEE WILL CONTINUE TO REMAIN IN SAME STEP TO WHICH ORIGINALLY PROMOTED IF STEP IS ABOVE THE MINIMUM RATE OF BASIC COMPENSATION WILL BE ADJUSTED TO REFLECT RATE OF PAY FOR STEP ON REVISED PAY SCHEDULE. * * *"

WE CONSTRUE PARAGRAPH 19 OF SECNAVNOTE 12552 OF AUGUST 14, 1964, AS APPLYING TO THOSE EMPLOYEES INITIALLY PROMOTED DURING THE RETROACTIVE PERIOD OF THE FEDERAL EMPLOYEES SALARY ACT OF 1954, PUB.L. 88-426, APPROVED AUGUST 14, 1964, WHO WERE PLACED IN A STEP RATE ABOVE THE MINIMUM RATE OF THE GRADE AND WHICH OTHERWISE ARE COVERED BY SECTION 102 (B) (6) OF THE ABOVE-CITED ACT.

MRS. HALL INITIALLY WAS PROMOTED TO THE MINIMUM RATE OF GRADE GS-9, EFFECTIVE JULY 5, 1964, UNDER THE SCHEDULE THEN ACTUALLY CONTROLLING. THEREFORE, HER CASE DID NOT FALL WITHIN THE PURVIEW OF PARAGRAPH 10, SECNAVNOTE 12552 OF AUGUST 14, 1964, OR SECTION 102 (B) (6) OF THE ACT. RATHER, HER RATE OF COMPENSATION WAS FOR RECOMPUTATION UNDER OUR DECISION 31 COMP. GEN. 166, QUESTION AND ANSWER 7. IN THAT DECISION WE RULED AS FOLLOWS:

"THE RETROACTIVE PROVISION OF THE NEW ACT (REFERRING TO PUB.L. 201, APPROVED OCTOBER 24, 1951) HAS THE EFFECT OF REQUIRING THE ADJUSTMENT OF AN EMPLOYEE'S COMPENSATION FOR THE PERIOD BETWEEN ITS EFFECTIVE DATE AND ENACTMENT DATE TO REFLECT THE PAY STATUS HE WOULD HAVE ATTAINED HAD THE AMENDED PAY SCHEDULES BEEN OPERATIVE AND APPLIED CURRENTLY DURING THE SAID PERIOD * * *"

APPLYING THAT PRINCIPLE TO MRS. HALL'S CASE, HER RATE OF COMPENSATION ON JULY 5, 1964, PROPERLY WOULD HAVE BEEN ADJUSTED FROM THAT OF GRADE GS-7, STEP 5, $6,575, TO THE CORRESPONDING RATE OF THE GENERAL SCHEDULE PROVIDED BY PUB.L. 88-426 FOR THE SAME GRADE AND STEP OR $6,850. UNDER SECTION 802 (B) OF THE CLASSIFICATION ACT, AS AMENDED, 5 U.S.C. 1132 (B), SHE WAS ENTITLED TO A MINIMUM INCREASE UPON PROMOTION TO GRADE GS-9 OF $400, OR AN AGGREGATE OF $7,250. SINCE THE RATE OF $7,250 FALLS BETWEEN THAT OF THE FIRST AND SECOND STEPS OF GRADE GS-9 SHE WAS ENTITLED TO THE HIGHER OF SUCH SCHEDULED RATES, VIZ., $7,465 PER ANNUM.

WE ENCLOSE COPIES OF OUR LETTER OF DECEMBER 8, 1965, AND THE MARINE CORPS SUPPLY CENTER'S REPLY OF JANUARY 20, 1966, TOGETHER WITH THE ORIGINAL DOCUMENTATION TRANSMITTED THEREWITH. SUCH DOCUMENTATION TOGETHER WITH OUR LETTER OF TODAY TO YOU, SHOULD BE FORWARDED THROUGH APPROPRIATE CHANNELS TO THE DISBURSING OFFICER WHO WILL ACCOMPLISH THE NECESSARY PAYMENT TO ADJUST MRS. HALL'S RATE OF COMPENSATION TO $7,465 PER ANNUM, EFFECTIVE JULY 5, 1964, IF THAT ACTION OTHERWISE IS CORRECT. OUR LETTER SHALL BE THE DISBURSING OFFICER'S AUTHORITY FOR SUCH ACTION AND A COPY THEREOF MAY BE FILED WITH HIS ACCOUNT.