B-166286, FEB. 28, 1969

B-166286: Feb 28, 1969

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SECRETARY: THERE IS BEFORE OUR OFFICE THE CLAIM OF DR. GOLDIN WAS OCCUPYING A POSITION AT $20. THE POSITION HE OCCUPIED WAS CONVERTED TO GRADE 16 UNDER THE GENERAL SCHEDULE (CLASSIFICATION ACT) AND SINCE HIS RATE OF COMPENSATION FELL BETWEEN STEPS 1 AND 2 OF GS-16. HE WAS ENTITLED TO BE PLACED IN STEP 2. SINCE HE HAD NOT HAD AN EQUIVALENT INCREASE IN SALARY DURING THE PRECEDING 12- MONTH PERIOD HE WAS ENTITLED AT THE SAME TIME TO ADVANCEMENT TO THE THIRD STEP OF GRADE GS 16. IN VIEW THEREOF HIS SALARY WAS FIXED AT $21. " WAS APPROVED ON DECEMBER 16. GOLDIN RIOR TO CONVERSION TO THE GENERAL SCHEDULE WAS BY ADMINISTRATIVE ACTION INCREASED RETROACTIVELY TO OCTOBER 8. BECAUSE OF THE RETROACTIVE EFFECT OF THE SALARY INCREASES IN THE POSITION IN WHICH THE SALARY WAS FIXED ADMINISTRATIVELY AS WELL AS THE GRADE 16 POSITION UNDER THE GENERAL SCHEDULE.

B-166286, FEB. 28, 1969

TO MR. SECRETARY:

THERE IS BEFORE OUR OFFICE THE CLAIM OF DR. ABRAHAM S. GOLDIN FOR AN AMOUNT BELIEVED DUE AS A FORMER EMPLOYEE OF THE BUREAU OF DISEASE PREVENTION AND ENVIRONMENTAL CONTROL, NATIONAL CENTER FOR RADIOLOGICAL HEALTH, TECHNICAL SERVICES BRANCH, NORTHEASTERN RADIOLOGICAL HEALTH LABORATORY.

THE RECORD SHOWS THAT DR. GOLDIN WAS OCCUPYING A POSITION AT $20,650 PER ANNUM, SUCH SALARY HAVING BEEN FIXED PURSUANT TO 42 U.S.C. 210 (G). THIS SECTION OF THE CODE PROVIDES THAT PERSONS OCCUPYING SCIENTIFIC AND PROFESSIONAL POSITIONS ESTABLISHED UNDER SECTION 210 (G) OF TITLE 42 SHALL RECEIVE PAY OF NOT LESS THAN THE MINIMUM RATE FOR GS-16 NOR MORE THAN THE MAXIMUM RATE FOR GS-18. EFFECTIVE NOVEMBER 19, 1967, THE POSITION HE OCCUPIED WAS CONVERTED TO GRADE 16 UNDER THE GENERAL SCHEDULE (CLASSIFICATION ACT) AND SINCE HIS RATE OF COMPENSATION FELL BETWEEN STEPS 1 AND 2 OF GS-16, HE WAS ENTITLED TO BE PLACED IN STEP 2. MOREOVER, SINCE HE HAD NOT HAD AN EQUIVALENT INCREASE IN SALARY DURING THE PRECEDING 12- MONTH PERIOD HE WAS ENTITLED AT THE SAME TIME TO ADVANCEMENT TO THE THIRD STEP OF GRADE GS 16. IN VIEW THEREOF HIS SALARY WAS FIXED AT $21,415 PER ANNUM.

PUBLIC LAW 90-206, CONTAINING THE "FEDERAL SALARY ACT OF 1967," WAS APPROVED ON DECEMBER 16, 1967, BUT SECTION 220 (A) (2) THEREOF SPECIFICALLY STATES THAT SECTION 202 (AMONG OTHERS) CONTAINING THE INCREASED RATES FOR GENERAL SCHEDULE SALARIES SHALL BE EFFECTIVE AS OF THE BEGINNING OF THE FIRST PAY PERIOD WHICH BEGAN ON AND AFTER OCTOBER 1, 1967. SUBSEQUENT TO THE APPROVAL OF PUBLIC LAW 90-206 THE SALARY OF THE POSITION OCCUPIED BY DR. GOLDIN RIOR TO CONVERSION TO THE GENERAL SCHEDULE WAS BY ADMINISTRATIVE ACTION INCREASED RETROACTIVELY TO OCTOBER 8, 1967, TO $21,579, AS AUTHORIZED BY SECTION 211 (B) OF SUCH ACT.

APPARENTLY, BECAUSE OF THE RETROACTIVE EFFECT OF THE SALARY INCREASES IN THE POSITION IN WHICH THE SALARY WAS FIXED ADMINISTRATIVELY AS WELL AS THE GRADE 16 POSITION UNDER THE GENERAL SCHEDULE, IT WAS FELT THAT A READJUSTMENT OF DR. GOLDIN'S SALARY RATE WAS REQUIRED. THEREFORE, ON DECEMBER 19, 1967, NOTICE OF PERSONNEL ACTION WAS ISSUED CHANGING DR. GOLDIN'S STEP IN GRADE GS-16 FROM 3 TO 2 WITH A SALARY RATE OF $21,681 PER ANNUM, EFFECTIVE NOVEMBER 19, 1967. THE REASON GIVEN WAS THAT SECTION 202 (B) (6) OF PUBLIC LAW REQUIRED THIS ACTION.

SECTION 202 (B) (6) PROVIDES AS FOLLOWS:

"/6) IF THE OFFICER OR EMPLOYEE, AT ANY TIME DURING THE PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING ON THE DATE OF ENACTMENT OF THIS TITLE, BECAME SUBJECT TO THE GENERAL SCHEDULE AND HIS RATE OF BASIC PAY WAS SET ABOVE THE MINIMUM RATE OF THE GRADE ON THE BASIS OF A PREVIOUSLY EARNED RATE ABOVE SUCH MINIMUM RATE, HIS RATE OF BASIC PAY SHALL BE ADJUSTED RETROACTIVELY TO THE DATE ON WHICH HE BECAME SUBJECT TO THE GENERAL SCHEDULE ON THE BASIS OF THE RATE OF THE APPROPRIATE GRADE OF THE GENERAL SCHEDULE CONTAINED IN THIS SECTION WHICH CORRESPONDS NUMERICALLY TO THE RATE OF THE GRADE AT WHICH THE PAY OF SUCH OFFICER OR EMPLOYEE WAS SET AT THE TIME HE BECAME SUBJECT TO THE GENERAL SCHEDULE.'

THE ABOVE-QUOTED SECTION OF THE LAW IS A CONVERSION RULE FOR EMPLOYEES BROUGHT UNDER THE GENERAL SCHEDULE DURING THE PERIOD OF THE RETROACTIVE SALARY INCREASE. THE EFFECT OF THE QUOTED SECTION IS TO ENSURE THAT AN EMPLOYEE WHO BECAME SUBJECT TO THE GENERAL SCHEDULE DURING THE RETROACTIVE PERIOD OF THE STATUTE WILL BE ENTITLED TO THE SAME STEP AND RATE TO WHICH HE WOULD HAVE BEEN ENTITLED ON THE DATE OF ENACTMENT OF THE STATUTE HAD SUCH STATUTE NOT BEEN MADE RETROACTIVE. THUS, INSTEAD OF REQUIRING ANY ADJUSTMENT IN DR. GOLDIN'S STEP IN GRADE IT CLEARLY APPEARS THAT SUCH PROVISION PRECLUDED ANY ACTION TO CHANGE THE STEP 3 RATE TO WHICH HE WAS CONVERTED DURING THE RETROACTIVE PERIOD COVERED BY SUCH STATUTE.

THEREFORE, YOUR DEPARTMENT IS AUTHORIZED TO MAKE A SETTLEMENT IN DR. GOLDIN'S FAVOR FOR THE DIFFERENCE BETWEEN THE SALARY FOR STEP 2, GRADE GS- 16, $21,681 AND THE SALARY FOR STEP 3 OF THAT GRADE, $22,380 PER ANNUM FOR THE PERIOD NOVEMBER 19, 1967, UNTIL THE DATE OF HIS SEPARATION FROM THE SERVICE. DR. GOLDIN HAS BEEN FURNISHED A COPY OF THIS DECISION.