B-167819(2), OCT. 9, 1969

B-167819(2): Oct 9, 1969

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RECLASSIFICATION OF POSITION WHEN EMPLOYEE'S POSITION WAS RECLASSIFIED FROM GS-11 TO GS-12 UPON HER APPEAL AND WHILE ALL UPWARD CHANGES IN CLASSIFICATION GRADES BY ALLOCATION OR REALLOCATION ARE CONSIDERED PROMOTIONS. THERE IS NO AUTHORITY TO SET HER SALARY AT RATE ABOVE GS-12. EMPLOYEE IS ENTITLED TO BASIC PAY AT LOWEST RATE OF HIGHER GRADE EXCEEDING EXISTING RATE BY NOT LESS THAN TWO STEP- INCREASES OF GRADE FROM WHICH PROMOTED OR TRANSFERRED. CONCERNING THE SALARY RATE YOU ARE TO RECEIVE FOLLOWING RECLASSIFICATION OF THE POSITION OCCUPIED BY YOU AND THE EFFECTIVE DATE OF THE PROMOTION ACTION. THE INFORMATION FURNISHED SHOWS THAT AS THE RESULT OF AN APPEAL INITIATED BY YOU THE POSITION YOU HELD WAS RECLASSIFIED FROM GRADE GS 11 TO GRADE GS -12.

B-167819(2), OCT. 9, 1969

COMPENSATION--RATES--HIGHEST PREVIOUS RATE--RECLASSIFICATION OF POSITION WHEN EMPLOYEE'S POSITION WAS RECLASSIFIED FROM GS-11 TO GS-12 UPON HER APPEAL AND WHILE ALL UPWARD CHANGES IN CLASSIFICATION GRADES BY ALLOCATION OR REALLOCATION ARE CONSIDERED PROMOTIONS, THERE IS NO AUTHORITY TO SET HER SALARY AT RATE ABOVE GS-12, STEP 1, $11,461 PER ANNUM, IN EXCESS OF PREVIOUS RATE EARNED IN GS-11, STEP 4, $10,623, SINCE UNDER 5 U.S.C. 5334, UPON PROMOTION OR TRANSFER, EMPLOYEE IS ENTITLED TO BASIC PAY AT LOWEST RATE OF HIGHER GRADE EXCEEDING EXISTING RATE BY NOT LESS THAN TWO STEP- INCREASES OF GRADE FROM WHICH PROMOTED OR TRANSFERRED. SEE 31 COMP. GEN. 266.

TO MRS. COLLEEN N. BAGNELL:

THIS REFERS TO YOUR LETTER OF AUGUST 8, 1969, WITH ENCLOSURE, CONCERNING THE SALARY RATE YOU ARE TO RECEIVE FOLLOWING RECLASSIFICATION OF THE POSITION OCCUPIED BY YOU AND THE EFFECTIVE DATE OF THE PROMOTION ACTION.

THE INFORMATION FURNISHED SHOWS THAT AS THE RESULT OF AN APPEAL INITIATED BY YOU THE POSITION YOU HELD WAS RECLASSIFIED FROM GRADE GS 11 TO GRADE GS -12. AT THE TIME OF THE RECLASSIFICATION OF THE POSITION YOU WERE IN STEP 4, $10,623 PER ANNUM AND UPON PROMOTION WERE PLACED IN STEP 1, $11,461 PER ANNUM. YOU ARE OF THE OPINION THAT UPON PROMOTION YOU SHOULD HAVE BEEN PLACED IN STEP 4.

WE HAVE CONSIDERED ALL UPWARD CHANGES IN CLASSIFICATION GRADES APPLICABLE TO A POSITION BY ALLOCATION OR REALLOCATION AS PROMOTIONS. SEE 31 COMP. GEN. 266. SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 5334, PROVIDES IN PART AS FOLLOWS:

"/B) AN EMPLOYEE WHO IS PROMOTED OR TRANSFERRED TO A POSITION IN A HIGHER GRADE IS ENTITLED TO BASIC PAY AT THE LOWEST RATE OF THE HIGHER GRADE WHICH EXCEEDS HIS EXISTING RATE OF BASIC PAY BY NOT LESS THAN TWO STEP- INCREASES OF THE GRADE FROM WHICH HE IS PROMOTED OR TRANSFERRED. * * *"

SINCE THE FILE INDICATES THAT THE SALARY OF STEP 4 OF GRADE GS-11 WAS THE HIGHEST RATE YOU HAD PREVIOUSLY EARNED UPON PROMOTION THERE WAS NO AUTHORITY TO SET YOUR SALARY ABOVE THE RATE OF GRADE GS-12, STEP 1, WHICH EXCEEDED A TWO STEP INCREASE ABOVE YOUR EXISTING RATE OF GRADE GS 11, STEP 4.

CONCERNING THE EFFECTIVE DATE OF YOUR PROMOTION, WE ARE ENCLOSING A COPY OF OUR DECISION OF TODAY TO LIEUTENANT COLONEL J. W. WALKER SHOWING YOUR PROMOTION DATE AS FEBRUARY 11, 1968.