B-158174, JAN. 4, 1966

B-158174: Jan 4, 1966

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SAM KRAWITZ: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 3. REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL COMPENSATION WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 2. THE RECORD INDICATES THAT AS AN EMPLOYEE OF THE FEDERAL POWER COMMISSION YOU WERE PROMOTED. YOU BELIEVE THAT YOU ARE ENTITLED TO TWO STEP INCREASES FORWARD. BY YOUR CALCULATIONS IT IS FURTHER ASSERTED THAT "MY TWO ADDITIONAL FORWARD STEP INCREASES SHOULD AND CAN ONLY BE FOUND IN GRADE 5.'. PROVIDES IN PERTINENT PART: "ANY OFFICER OR EMPLOYEE WHO IS PROMOTED OR TRANSFERRED TO A POSITION IN A HIGHER GRADE SHALL RECEIVE BASIC COMPENSATION AT THE LOWEST RATE OF SUCH HIGHER GRADE WHICH EXCEEDS HIS EXISTING RATE OF BASIC COMPENSATION BY NOT LESS THAN TWO STEP INCREASES OF THE GRADE FROM WHICH HE IS PROMOTED OR TRANSFERRED. * * *" WE BELIEVE THE PHRASE "NOT LESS THAN TWO STEP INCREASES" IS THE ONE UPON WHICH YOU RELY.

B-158174, JAN. 4, 1966

TO MR. SAM KRAWITZ:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 3, 1965, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL COMPENSATION WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 2, 1965.

THE RECORD INDICATES THAT AS AN EMPLOYEE OF THE FEDERAL POWER COMMISSION YOU WERE PROMOTED, EFFECTIVE JULY 23, 1965, FROM GRADE GS 4, STEP 10 (HIGHEST STEP) TO GRADE GS-5, STEP 8. YOU BELIEVE THAT YOU ARE ENTITLED TO TWO STEP INCREASES FORWARD. BY YOUR CALCULATIONS IT IS FURTHER ASSERTED THAT "MY TWO ADDITIONAL FORWARD STEP INCREASES SHOULD AND CAN ONLY BE FOUND IN GRADE 5.' YOU CONCLUDE THAT YOUR PROPER GRADE SHOULD BE GS-5, STEP 9.

PUB.L. 87-793, STAT. 847, 5 U.S.C. 1132 (B), IN EFFECT AT THE TIME OF YOUR PROMOTION, PROVIDES IN PERTINENT PART:

"ANY OFFICER OR EMPLOYEE WHO IS PROMOTED OR TRANSFERRED TO A POSITION IN A HIGHER GRADE SHALL RECEIVE BASIC COMPENSATION AT THE LOWEST RATE OF SUCH HIGHER GRADE WHICH EXCEEDS HIS EXISTING RATE OF BASIC COMPENSATION BY NOT LESS THAN TWO STEP INCREASES OF THE GRADE FROM WHICH HE IS PROMOTED OR TRANSFERRED. * * *"

WE BELIEVE THE PHRASE "NOT LESS THAN TWO STEP INCREASES" IS THE ONE UPON WHICH YOU RELY. THAT PHRASE, HOWEVER, MUST BE READ IN CONTEXT WITH THE REMAINDER OF THE SENTENCE IN WHICH IT APPEARS. WHEN SO READ IT IS EVIDENT THAT IT REFERS ONLY TO THE MONETARY VALUE OF TWO STEPS OF THE GRADE FROM WHICH PROMOTED. IN NO CASE MAY THE MONETARY VALUE OF THE GRADE TO WHICH PROMOTED BE USED. THE MONETARY VALUE OF EACH STEP IN GS-4 IS $150. THUS, UPON PROMOTION FROM ANY STEP IN GS-4 THE MONETARY VALUE FOR CONSIDERATION WOULD BE $300. IT CAN READILY BE SEEN THAT YOU HAVE NOT BENN PENALIZED BECAUSE YOU WERE IN THE TOP STEP OF YOUR GRADE AT THE TIME OF YOUR PROMOTION.

THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.