B-161332, JUN. 19, 1967

B-161332: Jun 19, 1967

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THIS TOTAL IS COMPRISED OF THE FOLLOWING INDIVIDUAL PERIODS OF SERVICE: OCTOBER 14. YOU WERE ADVANCED TO THE MAXIMUM SCHEDULED STEP OF GRADE GS-4 (G) ON NOVEMBER 18. YOU WERE DEMOTED TO GRADE GS-3 (G) AND GRANTED THE GRADE GS-4 (G). YOU WERE PROMOTED TO A GRADE GS-4 POSITION ON APRIL 5. YOUR SALARY RATE WAS FIXED AT GRADE GS-4 (G). YOU WERE GRANTED THE FIRST LONGEVITY STEP OF THE GS-4 GRADE AND YOUR SALARY RATE WAS FIXED AT GRADE GS-4 (X). WERE COMBINED TO COMPLETE THE THREE YEAR LONGEVITY SERVICE PERIOD. IT WAS DETERMINED THAT. YOUR THREE YEAR LONGEVITY SERVICE PERIOD SHOULD HAVE BEEN COMPUTED FROM THAT DATE. YOU WOULD THEREFORE NOT HAVE BEEN ENTITLED TO RECEIVE THE LONGEVITY STEP INCREASE GRANTED TO YOU ON AUGUST 7.

B-161332, JUN. 19, 1967

TO MRS. MARGARET E. WRIGHT:

THIS REFERS TO YOUR LETTER OF JUNE 2, 1967, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $220 BECAUSE OF AN OVERPAYMENT OF COMPENSATION.

THE RECORD SHOWS THAT DURING THE PERIOD OCTOBER 14, 1944, THROUGH MARCH 21, 1959, YOU HAD COMPLETED 8 YEARS, 8 MONTHS, AND 12 DAYS OF SERVICE IN GRADES CAF-4 AND GS-4 POSITIONS. THIS TOTAL IS COMPRISED OF THE FOLLOWING INDIVIDUAL PERIODS OF SERVICE: OCTOBER 14, 1944, THROUGH NOVEMBER 5, 1948 (4 YEARS, 22 DAYS); MAY 14, 1950, THROUGH AUGUST 31, 1951 (1 YEAR, 3 MONTHS, 18 DAYS); AND NOVEMBER 20, 1955, THROUGH MARCH 21, 1959 (3 YEARS, 4 MONTHS, 2 DAYS). YOU WERE ADVANCED TO THE MAXIMUM SCHEDULED STEP OF GRADE GS-4 (G) ON NOVEMBER 18, 1956,AND CONTINUED TO SERVE IN THAT STEP IN GRADE THROUGH MARCH 21, 1959, A TOTAL OF 2 YEARS, 4 MONTHS, AND 4 DAYS.

ON MARCH 22, 1959, YOU WERE DEMOTED TO GRADE GS-3 (G) AND GRANTED THE GRADE GS-4 (G), $4,325 PER ANNUM SALARY RATE AS A SAVED RATE. YOU WERE PROMOTED TO A GRADE GS-4 POSITION ON APRIL 5, 1959, AND YOUR SALARY RATE WAS FIXED AT GRADE GS-4 (G), $4,325 PER ANNUM. ON AUGUST 7, 1960, YOU WERE GRANTED THE FIRST LONGEVITY STEP OF THE GS-4 GRADE AND YOUR SALARY RATE WAS FIXED AT GRADE GS-4 (X), $4,775 PER ANNUM.

IN COMPUTING THE SERVICE PERIODS FOR THIS LONGEVITY STEP INCREASE THE INSTALLATION COMBINED YOUR SERVICE IN GRADES CAF-4 AND GS-4 DURING THE PERIOD OCTOBER 14, 1944, THROUGH MARCH 21, 1959 (8 YEARS, 8 MONTHS, 12 DAYS), WITH THE GRADE GS-4 SERVICE FOR THE PERIOD APRIL 5, 1959, THROUGH AUGUST 6, 1960 (1 YEAR, 4 MONTHS, 2 DAYS), TO COMPLETE THE TEN YEAR AGGREGATE SERVICE PERIOD. SERVICE AT THE MAXIMUM SCHEDULED STEP OF GRADE GS-4 FOR THE PERIOD NOVEMBER 18, 1956, THROUGH MARCH 21, 1959 (2 YEARS, 4 MONTHS, 4 DAYS), AND THE PERIOD APRIL 5, 1959, THROUGH AUGUST 6, 1960 (1 YEAR, 4 MONTHS, 2 DAYS), WERE COMBINED TO COMPLETE THE THREE YEAR LONGEVITY SERVICE PERIOD.

SECTION 703 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED (5 U.S.C. 1123- 1958 ED.), PROVIDES THAT AN EMPLOYEE SHALL BE GRANTED A LONGEVITY STEP INCREASE WHEN HE HAS COMPLETED THREE YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM SCHEDULED RATE OF THE GRADE, OR RATE IN EXCESS THEREOF, WITHOUT AN INCREASE IN GRADE OR RATE OF BASIC COMPENSATION, AND TEN YEARS' SERVICE, IN THE AGGREGATE, IN THE POSITION HE THEN OCCUPIES, OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE.

IT WAS DETERMINED THAT, IN VIEW OF THE PROVISIONS OF THIS ACT AND SINCE YOU RECEIVED AN INCREASE IN GRADE UPON YOUR PROMOTION FROM GRADE GS-3 TO GRADE GS-4 ON APRIL 5, 1959, YOUR THREE YEAR LONGEVITY SERVICE PERIOD SHOULD HAVE BEEN COMPUTED FROM THAT DATE. YOU WOULD THEREFORE NOT HAVE BEEN ENTITLED TO RECEIVE THE LONGEVITY STEP INCREASE GRANTED TO YOU ON AUGUST 7, 1960, UNTIL THE PAY PERIOD BEGINNING APRIL 15, 1962.

THE OVERPAYMENT MADE TO YOU MAY NOT BE FORGIVEN UNDER THE PROVISIONS OF THE ACT OF JULY 18, 1966, PUB.L. 89-505 (80 STAT. 304). SUBSECTION (D) OF SECTION 2415 OF THE ACT PROVIDES THAT EVERY ACTION FOR THE RECOVERY OF MONEY ERRONEOUSLY PAID TO OR ON BEHALF OF ANY CIVILIAN EMPLOYEE OF THE GOVERNMENT SHALL BE BARRED UNLESS THE COMPLAINT IS FILED WITHIN SIX YEARS AFTER THE RIGHT OF ACTION ACCRUES. HOWEVER, SUBSECTION (G) OF SECTION 2415 OF THE ACT PROVIDES THAT ANY RIGHT OF ACTION WHICH ACCRUED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT SHALL BE DEEMED TO HAVE ACCRUED ON THE DATE OF ENACTMENT OF THIS ACT. IN VIEW THEREOF WE BELIEVE THE GOVERNMENT HAS UNTIL JULY 1972 TO TAKE ACTION IN YOUR CASE.