B-174636, FEB 17, 1972

B-174636: Feb 17, 1972

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HAMPTON: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 29. THE SPECIFIC SITUATION PRESENTED IS THAT OF THE FIXING OF AN EMPLOYEE'S SALARY RATE UPON PROMOTION TO A POSITION ON JANUARY 31. TO WHICH POSITION A SPECIAL RATE WAS APPLICABLE ON THE SAME DATE AS THE PROMOTION. 299 PER ANNUM) WAS BEING EXTENDED TO THE EMPLOYEE IN MID-JANUARY 1971. WAS ISSUED PROCESSING HIS PROMOTION TO THE SPECIAL RATE POSITION EFFECTIVE JANUARY 31. WAS SUBSEQUENTLY ISSUED AND CANCELED THE SPECIAL RATE SCHEDULE FOR THE SUBJECT POSITION "EFFECTIVE THE FIRST DAY OF THE FIRST PAY PERIOD THAT BEGINS ON OR AFTER JANUARY 31. YOU POINT OUT THAT AGENCY AUTHORITIES EXPRESSED THE VIEW THAT THE EMPLOYEE SHOULD HAVE BEEN ABLE TO RETAIN THE $14.

B-174636, FEB 17, 1972

CIVILIAN EMPLOYEE - SIMULTANEOUS PERSONNEL OR PAY CHANGES - ADJUSTMENT CONCERNING THE APPLICATION OF 5 CFR 531.203(F), WHICH PROVIDES FOR THE PROCESSING OF SIMULTANEOUS PERSONNEL OR PAY CHANGES IN THE ORDER WHICH GIVES THE EMPLOYEE THE MAXIMUM BENEFIT. IN THE INSTANT CASE, THE EMPLOYEE HAD BEEN INDUCED TO DECLINE A HIGHER PAYING POSITION WITH ANOTHER AGENCY. CONSEQUENTLY, THE COMP. GEN. HAS NO OBJECTION TO A FAVORABLE APPLICATION OF THE AFOREMENTIONED REGULATION AND THE SALARY RATE MAY BE CORRECTED ACCORDINGLY.

TO MR. ROBERT E. HAMPTON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 29, 1971, WITH ENCLOSURE, REQUESTING OUR DECISION CONCERNING THE APPLICATION OF 5 CFR 531.203(F), WHICH PROVIDES FOR THE PROCESSING OF SIMULTANEOUS PERSONNEL OR PAY CHANGES IN THE ORDER WHICH GIVES THE EMPLOYEE THE MAXIMUM BENEFIT. THE SPECIFIC SITUATION PRESENTED IS THAT OF THE FIXING OF AN EMPLOYEE'S SALARY RATE UPON PROMOTION TO A POSITION ON JANUARY 31, 1971, TO WHICH POSITION A SPECIAL RATE WAS APPLICABLE ON THE SAME DATE AS THE PROMOTION.

THE RECORD DISCLOSES THAT CONSIDERATION FOR PROMOTION TO THE SPECIAL RATE POSITION (GS-11, $14,299 PER ANNUM) WAS BEING EXTENDED TO THE EMPLOYEE IN MID-JANUARY 1971. ON JANUARY 29 (FRIDAY) A NOTIFICATION OF PERSONNEL ACTION, STANDARD FORM 50, WAS ISSUED PROCESSING HIS PROMOTION TO THE SPECIAL RATE POSITION EFFECTIVE JANUARY 31, 1971 (SUNDAY), THE BEGINNING OF THE NEXT PAY PERIOD. FEDERAL PERSONNEL MANUAL LETTER NO. 530-157, DATED FEBRUARY 2, 1971, WAS SUBSEQUENTLY ISSUED AND CANCELED THE SPECIAL RATE SCHEDULE FOR THE SUBJECT POSITION "EFFECTIVE THE FIRST DAY OF THE FIRST PAY PERIOD THAT BEGINS ON OR AFTER JANUARY 31, 1971." THE RATE FOR THE POSITION IN QUESTION THEREFORE REVERTED TO THE SCHEDULED MINIMUM OF GRADE GS-11, OR $12,615 PER ANNUM.

YOU POINT OUT THAT AGENCY AUTHORITIES EXPRESSED THE VIEW THAT THE EMPLOYEE SHOULD HAVE BEEN ABLE TO RETAIN THE $14,299 SALARY HE HAD BEEN PROMISED, PARTICULARLY SINCE THE PROMISE HAD INDUCED HIM TO DECLINE A POSITION IN ANOTHER AGENCY IN WHICH HE WOULD HAVE RETAINED THE HIGHER SALARY RATE BECAUSE THE PAY PERIOD BEGAN A WEEK LATER. HOWEVER, SUCH AUTHORITIES WERE DOUBTFUL OF THE PROPRIETY IN HIS RETAINING THE HIGHER RATE.

IT IS STATED IN YOUR LETTER THAT SECTION 531.203(F) OF THE REGULATIONS IS INTENDED TO REFLECT THE PRINCIPLE THAT WHEN CHANGES OCCUR AT THE SAME MOMENT (FOR EXAMPLE, ONE AT THE END OF A DAY AND THE OTHER AT THE BEGINNING OF THE NEXT DAY, WHICH ARE ACTUALLY THE SAME MOMENT), THE EMPLOYEE SHOULD NOT BE PENALIZED BY CONSIDERING ONE CHANGE TO HAVE OCCURRED BEFORE THE OTHER. YOU SUGGEST THAT IN THE PRESENT INSTANCE IF THE EMPLOYEE IS CONSIDERED TO HAVE ENTERED THE GS-11 POSITION THE MOMENT BEFORE THE NEW SPECIAL SCHEDULES WENT INTO EFFECT, INSTEAD OF THE MOMENT AFTER, HE WOULD RETAIN THE $14,299 RATE UNDER THE PROVISIONS OF SECTION 530.306 OF THE REGULATIONS. SAID SECTION RELATES TO THE DISCONTINUANCE OF SPECIAL RATES AND PROVIDES THAT NO EMPLOYEE SHALL HAVE HIS PAY REDUCED BECAUSE OF SUCH ACTION.

CONSISTENT WITH THE PRINCIPLE ESTABLISHED BY THE ABOVE REGULATIONS, WE SEE NO OBJECTION TO A CORRECTION OF THE SALARY RATE TO $14,299 IN CONFORMANCE WITH THE PAPERS PROCESSED ON JANUARY 29, 1971, EFFECTIVE JANUARY 31, 1971. CF. 40 COMP. GEN. 184 (1960).