B-160034, NOVEMBER 4, 1966, 46 COMP. GEN. 384

B-160034: Nov 4, 1966

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THE EFFECTIVE DATE OF SECTION 402/A) IS IN THE SAME GRADE AT THE SAME POST OFFICE. AS POSTAL SERVICE PROMOTIONS ARE MADE EFFECTIVE AT THE BEGINNING OF A PAY PERIOD. THE COMMENCEMENT AND TERMINATION DATES OF THE PERIOD WILL PREVENT THE FORFEITURE OF A BENEFIT. - ALTHOUGH IN THE SAME POSITION IS IN A LOWER STEP LEVEL THAN A JUNIOR EMPLOYEE AT THE SAME POST OFFICE WHO HAD BEEN PROMOTED TO THE SAME POSITION "ON OR AFTER OCTOBER 13. COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - LEAVE WITHOUT PAY STATUS EFFECT A SENIOR EMPLOYEE IN THE POSTAL FIELD SERVICE WHO BECAUSE HIS PERIODIC STEP INCREASE IS DEFERRED ON ACCOUNT OF A LEAVE WITHOUT PAY STATUS DOES NOT ATTAIN THE SAME STEP LEVEL AS A JUNIOR EMPLOYEE IN THE SAME GRADE AT THE SAME POST OFFICE IS NOT ENTITLED TO THE STEP LEVEL ADJUSTMENT REQUIRED BY SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966.

B-160034, NOVEMBER 4, 1966, 46 COMP. GEN. 384

COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - SENIOR EMPLOYEES' PROMOTION DATES THE POSTMASTER GENERAL REQUIRED PURSUANT TO SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, TO ADJUST THE STEP LEVEL OF A SENIOR EMPLOYEE IN THE POSTAL FIELD SERVICE PROMOTED "BETWEEN" JULY 9, 1960 AND OCTOBER 13, 1962--- THE FIRST PAY PERIODS AFTER THE ENACTMENT OF THE 1960 AND 1962 STATUTORY SALARY INCREASES--- WHO ON JULY 30, 1966, THE EFFECTIVE DATE OF SECTION 402/A) IS IN THE SAME GRADE AT THE SAME POST OFFICE, BUT IN A LOWER STEP LEVEL THAN THE JUNIOR EMPLOYEE PROMOTED TO THE GRADE "ON OR AFTER OCTOBER 13, 1962" SHOULD CONSIDER THE PROMOTIONS OF SENIOR EMPLOYEES BETWEEN JULY 9, 1960 AND OCTOBER 13, 1962, INCLUSIVE, IN MAKING THE ADJUSTMENTS REQUIRED BY SECTION 402/A), AS POSTAL SERVICE PROMOTIONS ARE MADE EFFECTIVE AT THE BEGINNING OF A PAY PERIOD, THEREFORE, INCLUDING, THE COMMENCEMENT AND TERMINATION DATES OF THE PERIOD WILL PREVENT THE FORFEITURE OF A BENEFIT. COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - JUNIOR EMPLOYEES' PROMOTION DATES IN MAKING THE ADJUSTMENTS REQUIRED BY SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, AUTHORIZING THE POSTMASTER GENERAL TO ADVANCE A POSTAL FIELD SERVICE SENIOR EMPLOYEE PROMOTED BETWEEN JULY 9, 1960 AND OCTOBER 13, 1962, WHO ON THE EFFECTIVE DATE OF SECTION 402/A/--- JULY 30, 1966--- ALTHOUGH IN THE SAME POSITION IS IN A LOWER STEP LEVEL THAN A JUNIOR EMPLOYEE AT THE SAME POST OFFICE WHO HAD BEEN PROMOTED TO THE SAME POSITION "ON OR AFTER OCTOBER 13, 1962", JUNIOR EMPLOYEES PROMOTED ON OCTOBER 13, 1962, THROUGH JULY 30, 1966, MUST BE CONSIDERED, THE PHRASE "ON OR AFTER OCTOBER 13, 1962" IN SECTION 402/A) (2) HAVING REPLACED "SINCE OCTOBER 13, 962" IN 39 U.S.C. 3552/D) (2) FORMERLY PRESCRIBING THE ADVANCEMENT OF SENIOR POSTAL FIELD EMPLOYEES. COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - QUALITY INCREASE EFFECT A PFS-9, STEP 7, POSTAL FIELD SERVICE EMPLOYEE, SENIOR TO AN EMPLOYEE PROMOTED TO PFS-9, STEP 8 ON FEBRUARY 13, 1965 AND GIVEN A QUALITY INCREASE ON JULY 16, 1966 TO STEP 9, ALTHOUGH ENTITLED TO THE STEP LEVEL ADJUSTMENT REQUIRED BY SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966 (PUBLIC LAW 89-504) HAVING BEEN PROMOTED ON OCTOBER 13, 1962, A DATE INCLUSIVE IN THE PERIOD "BETWEEN JULY 9, 1960 AND OCTOBER 13, 1962" PRESCRIBED BY SECTION 402/A), AND CONVERTED ON THE SAME DATE TO PFS-9 WITHOUT A STEP INCREASE UNDER THE POSTAL EMPLOYEES SALARY ACT OF 1962 (PUBLIC LAW 87-793), MAY ONLY BE ADVANCED TO STEP 8, THE QUALITY INCREASE GRANTED THE JUNIOR EMPLOYEE IN RECOGNITION OF EXTRA COMPETENCE, A PERSONAL MATTER, NOT BEING COVERED BY SECTION 402/A) OF THE 1966 ACT. COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - LEAVE WITHOUT PAY STATUS EFFECT A SENIOR EMPLOYEE IN THE POSTAL FIELD SERVICE WHO BECAUSE HIS PERIODIC STEP INCREASE IS DEFERRED ON ACCOUNT OF A LEAVE WITHOUT PAY STATUS DOES NOT ATTAIN THE SAME STEP LEVEL AS A JUNIOR EMPLOYEE IN THE SAME GRADE AT THE SAME POST OFFICE IS NOT ENTITLED TO THE STEP LEVEL ADJUSTMENT REQUIRED BY SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, FOR A SENIOR EMPLOYEE PROMOTED BETWEEN JULY 9, 1960 AND OCTOBER 13, 1962, WHO ON THE EFFECTIVE DATE OF SECTION 402/A) -- JULY 30, 1966--- IS IN A LOWER STEP LEVEL THAN A JUNIOR EMPLOYEE PROMOTED ON OR AFTER OCTOBER 13, 1962, THE LEAVE WITHOUT PAY STATUS BEING A PERSONAL MATTER THAT IS NOT COVERED BY SECTION 402/A) OF THE ACT. COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - JUNIOR EMPLOYEES' PROMOTION DATES THE FACT THAT A JUNIOR EMPLOYEE IN THE POSTAL FIELD SERVICE CURRENTLY PFS -9, STEP 10, WAS PROMOTED FROM PFS-8 TO PFS-9 ON OCTOBER 13, 1962, PRIOR TO HIS CONVERSION ON THE SAME DATE TO PFS-9, STEP 9, UNDER THE POSTAL EMPLOYEES SALARY ACT OF 1962, DOES NOT CHANGE THE EFFECTIVE DATE OF HIS PROMOTION, AND THE REQUIREMENT OF SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, THAT A PROMOTION OF A JUNIOR EMPLOYEE OCCUR "ON OR AFTER OCTOBER 13, 1962" WAS MET AND THE SENIOR EMPLOYEE IN THE SAME CRAFT AT THE SAME POST OFFICE, CURRENTLY PFS-9, STEP 9, PROMOTED FROM PFS- 7 TO PFS-8 BETWEEN JULY 9, 1960 AND OCTOBER 13, 1962 (JUNE 9, 1962), A SECTION 402/A) REQUIREMENT, AND CONVERTED ON OCTOBER 13, 1962 UNDER THE 1962 ACT TO PFS-8, STEP 9, AND PROMOTED ON NOVEMBER 9, 1963 FROM PFS-8 TO PFS-9, IS ENTITLED TO STEP 10, PFS-9, THE GRADE AND STEP LEVEL OF THE JUNIOR EMPLOYEE. COMPENSATION - POSTAL SERVICE - ADJUSTMENTS - STEP LEVEL ADVANCEMENTS - REQUIREMENTS COMPLIANCE THE PROMOTIONS OF SENIOR AND JUNIOR POSTAL FIELD SERVICE EMPLOYEES HAVING BEEN MADE IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 402/A) OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, PROVIDING FOR THE SALARY ADJUSTMENT OF A SENIOR EMPLOYEE PROMOTED DURING THE PERIOD "BETWEEN JULY 9, 1960, AND OCTOBER 13, 1962" (SECTION 402/A) (1/), WHO ON JULY 30, 1966, THE EFFECTIVE DATE OF THE SECTION, ALTHOUGH IN THE SAME GRADE AT THE SAME POST OFFICE AS A JUNIOR EMPLOYEE PROMOTED ,ON OR AFTER OCTOBER 13, 1962" (SECTION 402/A) (2/), IS IN A LOWER STEP LEVEL, THE SENIOR EMPLOYEE PROMOTED TO PFS-11, STEP 1, ON FEBRUARY 12, 1966, MAY BE ADVANCED TO PFS- 11, STEP 9, THE GRADE AND STEP LEVEL IN WHICH A JUNIOR EMPLOYEE, PROMOTED TO PFS-11 ON MAY 25, 1963, HELD ON THE EFFECTIVE DATE OF THE ACT.

TO THE POSTMASTER GENERAL, NOVEMBER 4, 1966:

YOUR LETTER OF SEPTEMBER 9, 1966, REFERENCE 800, REQUESTS OUR DECISION IN A NUMBER OF QUESTIONS CONCERNING SECTION 402 OF THE FEDERAL SALARY AND FRINGE BENEFITS ACT OF 1966, PUBLIC LAW 89-504, 80 STAT, 296, 39 U.S.C. 3552 NOTE.

SECTION 402 READS AS FOLLOWS:

(A) THE POSTMASTER GENERAL SHALL ADVANCE ANY EMPLOYEE IN THE POSTAL FIELD SERVICE---

(1) WHO WAS PROMOTED TO A HIGHER LEVEL BETWEEN JULY 9, 1960, AND OCTOBER 13, 1962;

(2) WHO IS SENIOR WITH RESPECT TO TOTAL POSTAL SERVICE TO AN EMPLOYEE IN THE SAME POST OFFICE PROMOTED TO THE SAME LEVEL ON OR AFTER OCTOBER 13, 1962, AND IS ON THE EFFECTIVE DATE OF THIS SECTION IN A STEP IN THE SAME LEVEL BELOW THE STEP OF THE JUNIOR EMPLOYEE; AND

(3) WHOM THE POSTMASTER GENERAL DETERMINES IS IN THE SAME CRAFT AND SAME BRANCH OF THE POST OFFICE SERVICE AS SUCH JUNIOR EMPLOYEE.

SUCH ADVANCEMENT BY THE POSTMASTER GENERAL SHALL BE TO THE HIGHEST STEP WHICH IS HELD BY ANY SUCH JUNIOR EMPLOYEE. ANY INCREASE UNDER THE PROVISIONS OF THIS SUBSECTION SHALL NOT CONSTITUTE AN EQUIVALENT INCREASE AND CREDIT EARNED PRIOR TO ADJUSTMENT UNDER THIS SUBSECTION FOR ADVANCEMENT TO THE NEXT STEP SHALL BE RETAINED.

(B) SECTION 3552 OF TITLE 39, U.S.C. IS AMENDED BY DELETING SUBSECTION (D).

SUBSECTION (D), 39 U.S.C. 3552--- ADDED BY SECTION 114/B), PUBLIC LAW 88- 426, 78 STAT. 409--- WHICH IS DELETED BY SECTION 402 READS:

NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A), (B), AND (C) OF THIS SECTION, THE POSTMASTER GENERAL IS AUTHORIZED TO ADVANCE ANY EMPLOYEE IN PFS LEVEL 9 OR BELOW WHO---

(1) WAS PROMOTED TO A HIGHER LEVEL BETWEEN JULY 9, 1960, AND OCTOBER 13, 1962; AND

(2) IS SENIOR WITH RESPECT TO TOTAL POSTAL SERVICE TO AN EMPLOYEE IN HIS OWN POST OFFICE PROMOTED TO THE SAME POSITION SINCE OCTOBER 13, 1962, AND IS AT A STEP IN THE LEVEL BELOW THE STEP OF THE JUNIOR EMPLOYEE.

ANY INCREASE UNDER THE PROVISIONS OF THIS SUBSECTION SHALL NOT CONSTITUTE AN EQUIVALENT INCREASE AND CREDIT EARNED PRIOR TO ADJUSTMENT UNDER THIS SUBSECTION FOR ADVANCEMENT TO THE NEXT STEP SHALL BE RETAINED.

WE NOTE THAT THE FOREGOING TWO PROVISIONS CONCERN ADJUSTMENTS AUTHORIZED BY THE CONGRESS TO EQUATE, UNDER SPECIFIC CIRCUMSTANCES, LEVEL AND STEPWISE, SENIOR AND JUNIOR EMPLOYEES IN THE POSTAL FIELD SERVICE.

AS POINTED OUT BY YOUR LETTER THE LANGUAGE OF SUBPARAGRAPH (1) OF BOTH QUOTED PROVISIONS IS THE SAME. FURTHER, WE NOTE YOUR INTERPRETATION OF THE WORD "BETWEEN" UNDER 39 U.S.C. 3553/D) (1) AS INCLUDING ALL SENIOR EMPLOYEES PROMOTED ON JULY 9, 1960, AND OCTOBER 13, 1962. WE UNDERSTAND THAT THE FOREGOING DATES ARE THE BEGINNING OF THE FIRST PAY PERIODS AFTER ENACTMENT OF THE 1960 AND 1962 STATUTORY SALARY INCREASES AND THUS ARE THE EFFECTIVE DATES OF THOSE ACTS FOR POSTAL EMPLOYEES. FURTHER, IT IS OUR UNDERSTANDING THAT PROMOTIONS IN THE POSTAL SERVICE ARE GENERALLY MADE EFFECTIVE AT THE BEGINNING OF A PAY PERIOD. ORDINARILY WITH RESPECT TO TIME--- DATES OR DAYS--- THE COURTS HAVE INTERPRETED THE WORD "BETWEEN" AS EXCLUDING THE TERMINI, THE DATES NAMED AS BOUNDARIES AND THE DAYS DESIGNATED AS THE COMMENCEMENT AND TERMINATION OF SUCH PERIOD. WORDS AND PHRASES, VOLUME 5, PERMANENT EDITION, PAGE 401 AND 1966 CUMULATIVE ANNUAL POCKET PART, PAGE 98; 10 C.J.S. 349. SEE WEIR ET AL. V. THOMAS ET AL; 62 N.W. 871; GREENBERG V. NEIMAN, 49 N.E. 2D 817; HODGES V. FELSTRUP, 114 SO. 521, 522; ARCADIA CITRUS GROWERS ASSOCIATION ET AL. V. HOLLINGSWORTH ET AL; 185 SO. 431. HOWEVER, 49 L.R.A. 202 CONCERNING THE WORD "BETWEEN" POINTS OUT THAT WHERE EXPRESSIONS USED IN THE DESIGNATION OF A PERIOD OF TIME TO ELAPSE BETWEEN TWO EVENTS WILL ADMIT OF EITHER EXCLUSIVE OR INCLUSIVE CONSTRUCTION AND THE EFFECT OF ONE WOULD BE TO DEVEST A RIGHT OR WORK A FORFEITURE IF ANY DOUBT EXISTS AS TO THEIR MEANING THEY SHOULD BE SO CONSTRUCTED AS TO PREVENT A FORFEITURE. CONWAY ET AL. V. SMITH MERCANTILE COMPANY, 49 L.R.A. 201 AND CASE CITED. ACCORDINGLY, AND SINCE WE ARE AWARE OF NO PROPER BASIS TO INTERPRET SECTION 402 (A) (1) ANY DIFFERENTLY THAN THAT GIVEN TO 39 U.S.C. 3552 (D) (1) WE CONCLUDE THAT PROMOTIONS OF SENIOR EMPLOYEES BETWEEN JULY 9, 1960, AND OCTOBER 13, 1962, INCLUSIVE, ARE FOR ADMINISTRATIVE CONSIDERATION IN MAKING THE ADJUSTMENTS REQUIRED BY SECTION 402.

YOUR LETTER POINTS OUT THAT THE LANGUAGE OF SUBPARAGRAPHS (2) OF BOTH QUOTED PROVISIONS DIFFER. 39 U.S.C. 3552 (D) (2) CONTAINED THE WORD "SINCE;, YOUR AGENCY INTERPRETED "SINCE" TO MEAN THAT THE PROMOTION OF THE JUNIOR EMPLOYEE HAD TO OCCUR AFTER OCTOBER 13, 1962, I.E; ON OCTOBER 14, 1962, OR THEREAFTER. WE AGREE WITH SUCH INTERPRETATION. HOWEVER, NOW THE PHRASE "ON OR AFTER OCTOBER 13, 1962" IS A PART OF SECTION 402 AS ENACTED IN PLACE OF THE WORD "SINCE;, WE, THEREFORE, CONCLUDE THAT ANY JUNIOR EMPLOYEE PROMOTED ON OCTOBER 13, 1962, OR THEREAFTER, THAT IS THROUGH JULY 30, 1966, THE EFFECTIVE DATE OF SECTION 402, IS COVERED BY THE LANGUAGE OF SUBPARAGRAPH (2) AND MUST BE CONSIDERED IN MAKING THE REQUIRED ADJUSTMENTS THEREUNDER.

WITH RESPECT TO THE SPECIFIC QUESTIONS ASKED IN CONNECTION WITH THE THREE EXAMPLES FURNISHED WE QUOTE SUCH EXAMPLES AND THE QUESTIONS BELOW. YOU SAY THAT IN ALL CASES THE REQUIREMENTS OF SECTION (402) (A) (3), 39 U.S.C. 3552 NOTE, HAVE BEEN MET. ALSO, YOU POINT OUT THAT SECTION 402 IS A SINGLE TIME ADJUSTMENT PROVISION THE APPLICATION OF WHICH DEPENDS UPON THE RELATIVE STANDING ON JULY 30, 1966. UNDER THAT VIEW THE SENIOR WHO IS IN A LOWER STEP OF THE SAME LEVEL BELOW THE STEP OF THE JUNIOR EMPLOYEE ON JULY 30, 1966, IS ENTITLED TO THE BENEFITS OF SECTION 402 EVEN THOUGH HIS PROMOTION TO THE "SAME LEVEL" MAY HAVE OCCURRED AFTER OCTOBER 13, 1962, PROVIDED THE OTHER REQUIREMENTS OF THE STATUTE ARE MET. WE WILL ANSWER YOUR QUESTIONS IN THE ORDER PRESENTED:

(1) EMPLOYEE C IS SENIOR TO EMPLOYEE D. EMPLOYEE C'S RELEVANT SERVICE HISTORY IS AS FOLLOWS: 10/13/62 PROMOTED TO PFS-9, 10/13/62 CONVERTED PFS- 9, NO CHANGE IN STEP. HE IS NO WIN PFS-9, STEP 7. D'S RELEVANT SERVICE HISTORY IS AS FOLLOWS: 2/13/65 PROMOTED TO PFS-9, STEP 8; 7/16/66 QUALITY INCREASE PFS-9, STEP 9. THE SENIOR WAS PROMOTED TO HIS PRESENT LEVEL ON OCTOBER 13, 1962 AND THE JUNIOR WAS PROMOTED TO THE SAME LEVEL AFTER OCTOBER 13, 1962 AND BEFORE JULY 30, 1966.

(A) IS EMPLOYEE C ENTITLED TO HAVE HIS COMPENSATION ADJUSTED?

(B) IF THE ANSWER TO QUESTION (A) IS IN THE AFFIRMATIVE, SHOULD THE ADJUSTMENT BE TO STEP 8 OR STEP 9? IF ADJUSTMENT IS TO STEP 9 THIS WOULD BE AS THE RESULT OF EMPLOYEE D HAVING RECEIVED A QUALITY INCREASE. THE DEPARTMENT'S VIEW IS THAT IF ADJUSTMENT IS DUE, ENTITLEMENT EXTENDS ONLY TO STEP 8.

(C) IF THE ANSWER TO (A) IS IN THE AFFIRMATIVE, WOULD C BE ENTITLED TO AN ADJUSTMENT IF THE SOLE REASON C WAS NOT IN THE SAME STEP AS EMPLOYEE D WAS THE FACT THAT C HAD BEEN IN A LEAVE WITHOUT PAY STATUS AND HIS PERIODIC STEP INCREASE WAS DEFERRED SOLELY ON ACCOUNT OF THAT FACT? THE DEPARTMENT'S VIEW IS THAT HE IS NOT.

IN VIEW OF WHAT WE SAID ABOVE CONCERNING THE WORD "BETWEEN" QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE SINCE SENIOR EMPLOYEE "C" WAS PROMOTED ON OCTOBER 13, 1962.

YOUR LETTER POINTS OUT THAT THE JUNIOR-SENIOR INEQUITIES WHICH CONGRESS SOUGHT TO CORRECT BY ENACTING SECTION 402 RESULTED FROM CHANGES IN RELATIVE STANDING DERIVED FROM CONVERSION ACTIONS UNDER PUBLIC LAW 87-793, APPROVED OCTOBER 11, 1962, 76 STAT. 832, 39 U.S.C. 3542 NOTE, AND CERTAIN OTHER CHANGES IN PROMOTION RULES ENACTED IN THAT ACT.

THE QUALITY INCREASE RECEIVED BY JUNIOR EMPLOYEE "D" WAS GRANTED IN RECOGNITION OF EXTRA COMPETENCE--- A STRICTLY PERSONAL MATTER--- AND IN OUR OPINION SUCH A SITUATION WAS NOT INTENDED TO BE COVERED BY SECTION 402. ANSWERING QUESTION (B) THE ADJUSTMENT OF SENIOR EMPLOYEE "C" PROPERLY WOULD BE TO STEP 8.

QUESTION (C) SHOWS THAT EMPLOYEE "C" WAS IN A LEAVE WITHOUT PAY STATUS--- HERE AGAIN A STRICTLY PERSONAL MATTER--- AND HIS PERIODIC STEP-INCREASE WAS DEFERRED SOLELY BECAUSE OF SUCH STATUS. QUESTION (C) IS ANSWERED IN THE NEGATIVE.

(2) EMPLOYEE E IS SENIOR TO EMPLOYEE F. HIS RELEVANT SERVICE HISTORY IS AS FOLLOWS: 6/9/62 PROMOTION PFS-7 TO PFS-8; 10/13/62, CONVERSION, PFS-8, STEP 9; 11/9/63 PROMOTION FPS-8 TO PFS-9. HE IS NOW IN PFS-9, STEP 9. EMPLOYEE F'S RELEVANT SERVICE HISTORY IS AS FOLLOWS: 10/13/62 PROMOTION FROM PFS-8 TO PFS-9; 10/13/62 CONVERSION PFS-9, STEP 9. EMPLOYEE F IS NOW IN PFS-9, STEP 10. EMPLOYEE E CAUGHT UP WITH EMPLOYEE F'S LEVEL ON NOVEMBER 9, 1963, BUT HE IS BEHIND IN STEP BECAUSE OF LOSS OF ANNIVERSARY DATE WHEN PROMOTED FROM PFS-8 TO PFS-9. IS EMPLOYEE E ENTITLED TO HAVE HIS COMPENSATION ADJUSTED TO STEP 10? UNDER THE DEPARTMENT'S REGULATIONS, AS ISSUED, NO ADJUSTMENT WOULD BE DUE. THIS RESULT IS BASED SOLELY ON THE FACT THAT EMPLOYEE F'S SALARY LEVEL CHANGE WAS DEEMED TO HAVE OCCURRED PRIOR TO CONVERSION UNDER PUBLIC LAW 87-793 WHICH BECAME EFFECTIVE ON OCTOBER 13, 1962. SINCE JUNIOR EMPLOYEE "F" RECEIVED HIS PROMOTION ON OCTOBER 13, 1962, THE REQUIREMENT SPECIFIED IN SUBPARAGRAPH (2) OF SECTION 402 AS DISCUSSED ABOVE CONCERNING THE TERM "ON OR AFTER OCTOBER 13, 1962" HAS BEEN MET. THE FACT THAT THE PROMOTION WAS REQUIRED TO BE CONSIDERED AS HAVING OCCURED PRIOR TO THE CONVERSION DID NOT CHANGE THE EFFECTIVE DATE OF "F-S" PROMOTION. THUS SENIOR EMPLOYEE "E" WHO WAS PROMOTED BETWEEN JULY 9, 1960, AND OCTOBER 13, 1962, I.E; JUNE 9, 1962, AS REQUIRED BY SUBPARAGRAPH (1) THEREOF, BECAME ENTITLED TO AN ADJUSTMENT OF HIS SALARY UNDER SECTION 402. WE NOTE THAT UNDER THE LANGUAGE OF 39 U.S.C. 3552 (D) AN ADJUSTMENT IN THIS CASE WOULD NOT HAVE BEEN REQUIRED AND YOUR REGULATIONS THEN SO PROVIDED. AS WE POINTED OUT ABOVE WE AGREE THEREWITH. HOWEVER, IT IS APPARENT FROM THE CHANGE IN THE LANGUAGE AS REFERRED TO ABOVE THAT CONGRESS INCREASED THE ADJUSTMENT BENEFITS IN ITS ENACTMENT OF SECTION 402. YOUR QUESTION RESPECTING THIS EXAMPLE IS ANSWERED IN THE AFFIRMATIVE.

(3) EMPLOYEE G IS SENIOR TO EMPLOYEE H. EMPLOYEE G'S RELEVANT SERVICE HISTORY IS AS FOLLOWS: 12/10/60 PROMOTION PFS-7; 11/11/61 PROMOTION PFS-8; 8/27/62 CHANGE TO LOWER LEVEL (NOT FOR PERSONAL CAUSE) PFS-7; 10/13/62 CONVERSION PFS-7, NO CHANGE IN LEVEL; 2/11/63 PROMOTION PFS-8; 2/12/66 PROMOTION PFS-11. EMPLOYEE G IS NOW PFS-11, STEP 1. EMPLOYEE H'S RELEVANT SERVICE HISTORY IS AS FOLLOWS: 10/13/62 CONVERSION PFS-10, NO CHANGE IN LEVEL; 5/25/63 PROMOTION PFS-11. EMPLOYEE H IS NOW IN PFS-11, STEP 9. EMPLOYEE G WAS FIRST PROMOTED AND THEN DEMOTED DURING THE PERIOD JUNE 9, 1962--- OCTOBER 13, 1962. EMPLOYEE G CAUGHT UP WITH EMPLOYEE H AT PFS-11 BY BEING PROMOTED THERETO ON FEBRUARY 12, 1966. IS EMPLOYEE G ENTITLED TO HAVE HIS COMPENSATION ADJUSTED TO STEP 9 OF PFS-11? THE DEPARTMENT'S REGULATIONS, AS ISSUED, WILL REQUIRE ADJUSTMENT BECAUSE IT IS OUR VIEW THAT THE STATUTORY CONDITIONS HAVE BEEN SATISFIED.

JUNIOR EMPLOYEE "H" WAS PROMOTED ON AND AFTER OCTOBER 13, 1962. ACTUALLY HE WAS PROMOTED MAY 25, 1963. THUS, SUCH PROMOTION COMPLIED WITH THE REQUIREMENTS OF SECTION 402(A) (2) QUOTED ABOVE AND SINCE SENIOR EMPLOYEE "G" MET THE PROMOTION REQUIREMENT OF SECTION 402(A) (1) ABOVE HE IS ENTITLED TO THE SALARY ADJUSTMENT PROVIDED THEREIN. YOUR QUESTION IN CONNECTION WITH EXAMPLE 3 IS ANSWERED IN THE AFFIRMATIVE.

THE INSTRUCTION IN POSTAL BULLETIN NO. 20543, JU22 88, 1966, PARAGRAPH V.A; PAGE 5, SHOULD BE CLARIFIED TO CARRY OUT THE FOREGOING.