B-171555, MAR 30, 1971

B-171555, MAR 30, 1971

CIVILIAN EMPLOYEE - PROMOTION - RETROACTIVE APPLICATION ADVISING THAT LT. CARL W. DRECHSLER, EXECUTIVE PROTECTIVE SERVICE, WAS ENTITLED, UPON PROMOTION TO CLASS 5, AS OF MAY 1, 1970, BY RETROACTIVE APPLICATION OF THE PROVISIONS OF SECTION 107, TITLE I OF THE DISTRICT OF COLUMBIA POLICE SALARY ACT AMENDMENTS OF 1970, TO SUBSTITUTION OF THE NEW SALARY RATES AS THOUGH THEY WERE IN EFFECT AT THE TIME OF THE PROMOTION SO AS TO ARRIVE AT THE PROPER STEP AND SALARY RATE TO WHICH HE WAS ENTITLED UNDER THE REVISED SCHEDULES. THUS, ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON OR AFTER JULY 1, 1969, THE EFFECTIVE DATE OF TITLE I OF THE ACT, MR. DRECHSLER WAS ENTITLED TO THE SALARY RATE OF $12,625 TO THE DATE OF HIS PROMOTION TO LIEUTENTANT, CLASS 5, STEP 1, ON MAY 3, 1970. THEREAFTER, HE WAS ENTITLED TO A SALARY RATE OF $13,300, THE NEW RATE FOR THAT STEP.

TO MR. ROWLEY:

THIS IS IN FURTHER REFERENCE TO YOUR LETTER DATED DECEMBER 8, 1970, REQUESTING A DECISION AS TO THE PROPER SALARY RATE AND STEP IN GRADE TO WHICH LIEUTENANT CARL W. DRECHSLER, EXECUTIVE PROTECTIVE SERVICE, WAS ENTITLED UPON PROMOTION TO CLASS 5 AS OF MAY 1, 1970, RESULTING FROM THE RETROACTIVE APPLICATION OF THE PROVISIONS OF SECTIONS 107 AND 112, TITLE I, OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT AMENDMENTS OF 1970, PUBLIC LAW 91-297, APPROVED JUNE 30, 1970, 84 STAT. 356 AND 357. WE UNDERSTAND THAT SUCH PROVISIONS APPLY EQUALLY TO THE EXECUTIVE PROTECTIVE SERVICE.

SECTION 107 IN PERTINENT PART PROVIDES:

"SEC. 107(A) EACH OFFICER AND MEMBER IN ACTIVE SERVICE ON THE EFFECTIVE DATE OF THIS TITLE TO WHOM SECTION 103 OF THIS TITLE AND THE AMENDMENT MADE BY SECTION 102 OF THIS TITLE APPLY, WHO IS RECEIVING BASIC COMPENSATION AT ONE OF THE SCHEDULED SERVICE OR LONGEVITY STEPS OF A SALARY CLASS OR SUBCLASS OTHER THAN SUBCLASS (A) OR (B) OF SALARY CLASS 1, AND WHOSE LATEST PROMOTION HAS BEEN SUBSEQUENT TO JANUARY 5, 1963, AND PRIOR TO THE EFFECTIVE DATE OF THIS TITLE SHALL (1) BE PLACED IN THE SERVICE OR LONGEVITY STEP OF HIS SALARY CLASS OR SUBCLASS WHICH PROVIDES A SALARY NOT LESS THAN THE AMOUNT HE WOULD HAVE RECEIVED AS A RESULT OF SECTIONS 102, 103, AND 105 OF THIS TITLE HAD SUCH PROMOTION OCCURRED ON OR AFTER THE EFFECTIVE DATE OF THIS TITLE, AND (2) RECEIVE THE APPROPRIATE SCHEDULED RATE OF BASIC COMPENSATION FOR SUCH STEP IN THE SALARY CLASS OR SUBCLASS IN WHICH HE IS SERVING."

SECTION 112 PROVIDES:

"THIS TITLE AND THE AMENDMENTS MADE BY THIS TITLE SHALL TAKE EFFECT ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON AND AFTER JULY 1, 1969."

SECTIONS 102 AND 103 REFERRED TO IN THE ABOVE QUOTE ARE CONCERNED WITH INCREASES IN RATES OF BASIC COMPENSATION AND SECTION 105, ALSO REFERRED TO THEREIN, REQUIRES AN INCREASE IN SALARY OF NOT LESS THAN ONE STEP INCREASE WHEN ANY OFFICER OR MEMBER OF THE POLICE AND FIRE DEPARTMENTS IS PROMOTED TO A HIGHER CLASS OR SUBCLASS.

YOU STATE THAT MR. DRECHSLER WAS PROMOTED TO SERGEANT IN OCTOBER 1966 FROM CLASS 1(A), STEP 7, TO CLASS 4(A), STEP 2, AFTER 13 YEARS AND 6 MONTHS OF TOTAL SERVICE. UPON COMPLETION OF 2 YEARS IN STEP 2, HE WAS ADVANCED TO STEP 3. ON MAY 3, 1970, MR. DRECHSLER WAS PROMOTED TO LIEUTENANT, CLASS 5, STEP 1, AT $11,710 PER ANNUM.

IT IS NOTED THAT THE PROVISIONS OF SECTION 107 ARE APPLICABLE ONLY TO PROMOTIONS BETWEEN JANUARY 5, 1963, AND THE BEGINNING OF THE FIRST PAY PERIOD ON OR AFTER JULY 1, 1969. THUS, THE PROMOTION IN OCTOBER 1966 IS PRIMARILY FOR CONSIDERATION UNDER SUCH SECTION RATHER THAN THE ONE OF MAY 1, 1970.

OUR VIEW IS THAT THE LANGUAGE OF SECTION 107 REASONABLY CONTEMPLATES THE SUBSTITUTION OF THE NEW SALARY RATES AS THOUGH THEY WERE IN EFFECT AT THE TIME OF ANY PROMOTION (BETWEEN THE DATES SPECIFIED) SO AS TO ARRIVE AT THE PROPER STEP AND SALARY RATE TO WHICH AN EMPLOYEE IS ENTITLED UNDER THE REVISED SCHEDULES. APPLYING THIS FORMULA IN MR. DRECHSLER'S CASE TO HIS PROMOTION IN OCTOBER 1966 FROM CLASS 1(A) TO CLASS 4(A) RESULTS IN THE FOLLOWING:

PRIVATE, CLASS 1(A), STEP 7 (A) $11,390

ONE STEP INCREASE (SECTION 105) 425

MUST RECEIVE 11,815

ENTITLED TO STEP 2, CLASS 4(A) 12,050

SERVICE STOP 3 (OCTOBER 1966 TO

OCTOBER 1968) 12,625

THUS, ON THE FIRST DAY OF THE FIRST PAY PERIOD BEGINNING ON OR AFTER JULY 1, 1969, THE EFFECTIVE DATE OF TITLE I OF THE ACT, MR. DRECHSLER WAS ENTITLED TO THE SALARY RATE OF $12,625 TO THE DATE OF HIS PROMOTION TO LIEUTENANT, CLASS 5, STEP 1, ON MAY 3, 1970. THEREAFTER, HE WAS ENTITLED TO A SALARY RATE OF $13,300, THE NEW RATE FOR THAT STEP.

THERE IS AN INDICATION IN YOUR LETTER THAT A BASIS EXISTS FOR REGARDING MR. DRECHSLER AS ENTITLED TO A HIGHER STEP IN CLASS 4(A) UPON HIS PROMOTION IN OCTOBER 1966 WHICH WOULD THEN ENTITLE HIM TO STEP 3 OF CLASS 5 WHEN PROMOTED TO SUCH CLASS ON MAY 3, 1970. IN SUPPORT OF SUCH HIGHER STEP YOU REFER TO THE EXAMPLE IN HOUSE REPORT NO. 91-1061. WHILE WE DO NOT FULLY UNDERSTAND THE MANNER IN WHICH SECTION 107 COULD BE APPLIED TO ARRIVE AT THE HIGHER STEP, WE NOTE THAT APPARENTLY THE EXAMPLE WAS PREDICATED ON RATES APPEARING IN H. R. 16988, 91ST CONGRESS, WHICH WERE CHANGED PRIOR TO FINAL ENACTMENT OF PUBLIC LAW 91 297. OUR VIEW EXPRESSED HEREIN IS CONSISTENT WITH THAT OF OFFICIALS OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.