B-22169, DECEMBER 15, 1941, 21 COMP. GEN. 569

B-22169: Dec 15, 1941

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EMPLOYEES PAID ON AN ANNUAL BASIS WHO OCCUPY PERMANENT POSITIONS WITHIN THE SCOPE OF CLASSIFICATION ACT COMPENSATION SCHEDULES AND WHO ARE EMPLOYED ON A PART TIME OR "WHEN ACTUALLY EMPLOYED" BASIS ARE ENTITLED. A COMPARISON SHOULD BE MADE BETWEEN THE PER ANNUM EQUIVALENT FOR FULL-TIME SERVICE OF THE PART TIME SALARY RATE AND THE ANNUAL SALARY RATE FOR THE FULL-TIME POSITION TO WHICH THE EMPLOYEE IS TRANSFERRED OR REAPPOINTED. THE PER DIEM RATE OF COMPENSATION OF ALL PART-TIME EMPLOYEES PAID ON AN ANNUAL BASIS SUBJECT TO THE CLASSIFICATION ACT IS COMPUTED UNDER THE ACT OF JUNE 30. 1941: I HAVE YOUR LETTER OF NOVEMBER 27. AS FOLLOWS: REFERENCE IS MADE TO YOUR PRIOR DECISIONS CONSTRUING THE PROVISIONS OF THE RAMSPECK ACT.

B-22169, DECEMBER 15, 1941, 21 COMP. GEN. 569

COMPENSATION - WITHIN-GRADE PROMOTIONS - PART TIME AND "WHEN ACTUALLY EMPLOYED" EMPLOYEES THE NUMBER OF SALARY RATES AND STEPS IN A FIELD GRADE OR SALARY RANGE OF FIELD EMPLOYEES MAY NOT BE LIMITED TO LESS THAN THOSE APPEARING IN CLASSIFICATION ACT SCHEDULES SO AS TO DEFEAT THE RIGHT OF EMPLOYEES UNDER THE ACT OF AUGUST 1, 1941, TO WITHIN-GRADE SALARY ADVANCEMENTS, UPON MEETING CERTAIN CONDITIONS, THROUGH THE ENTIRE SALARY RANGE OF THE GRADES PRESCRIBED BY SUCH SCHEDULES. EMPLOYEES PAID ON AN ANNUAL BASIS WHO OCCUPY PERMANENT POSITIONS WITHIN THE SCOPE OF CLASSIFICATION ACT COMPENSATION SCHEDULES AND WHO ARE EMPLOYED ON A PART TIME OR "WHEN ACTUALLY EMPLOYED" BASIS ARE ENTITLED, OTHER CONDITIONS BEING MET, TO THE BENEFITS OF THE WITHIN GRADE SALARY ADVANCEMENT STATUTE OF AUGUST 1, 1941. THE TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE FROM A PART-TIME TO A FULL- TIME POSITION AT THE SAME RATE OF COMPENSATION DOES NOT CONSTITUTE AN "EQUIVALENT INCREASE IN COMPENSATION" WITHIN THE MEANING OF SECTION 7 (B) (1) OF THE WITHIN-GRADE SALARY-ADVANCEMENT STATUTE OF AUGUST 1941, OR SECTION 1 (D) OF THE PRESIDENT'S REGULATIONS ISSUED PURSUANT TO THE STATUTE, SO AS TO BAR THE EMPLOYEE FROM A WITHIN-GRADE SALARY ADVANCEMENT UNTIL THE EXPIRATION OF 18 OR 30 MONTHS (AS THE CASE MAY BE) FROM THE DATE OF THE TRANSFER OR REAPPOINTMENT. IN DETERMINING WHETHER THE TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE FROM A PART-TIME TO A FULL-TIME POSITION CONSTITUTES AN "EQUIVALENT INCREASE IN COMPENSATION" WITHIN THE MEANING OF THE WITHIN-GRADE SALARY ADVANCEMENT STATUTE OF AUGUST 1, 1941, OR THE PRESIDENT'S REGULATIONS ISSUED PURSUANT THERETO, SO AS TO BAR THE EMPLOYEE FROM A WITHIN-GRADE PROMOTION WHICH HE WOULD OTHERWISE BE ENTITLED TO UNDER THE STATUTE AND REGULATIONS, A COMPARISON SHOULD BE MADE BETWEEN THE PER ANNUM EQUIVALENT FOR FULL-TIME SERVICE OF THE PART TIME SALARY RATE AND THE ANNUAL SALARY RATE FOR THE FULL-TIME POSITION TO WHICH THE EMPLOYEE IS TRANSFERRED OR REAPPOINTED. THE PER DIEM RATE OF COMPENSATION OF ALL PART-TIME EMPLOYEES PAID ON AN ANNUAL BASIS SUBJECT TO THE CLASSIFICATION ACT IS COMPUTED UNDER THE ACT OF JUNE 30, 1906, ON THE BASIS OF 1/360 OF THE ANNUAL RATE FOR EACH DAY OF SERVICE, AND, THEREFORE, THE FULL-TIME SERVICE PER ANNUM EQUIVALENT OF THE HOURLY RATE RECEIVED BY CHARWOMEN AND CHARMEN OF THE CUSTODIAL SERVICE OF THE POST OFFICE DEPARTMENT WHO WORK 5 HOURS PER DAY SHOULD BE COMPUTED BY MULTIPLYING THE HOURLY RATE BY 8 HOURS PER DAY AND THE RESULTING DAILY RATE BY 360. BEFORE BECOMING ELIGIBLE FOR PROMOTION UNDER THE WITHIN-GRADE SALARY ADVANCEMENT STATUTE OF AUGUST 1, 1941, PART TIME (PART OF EACH WORK DAY) OR "WHEN ACTUALLY EMPLOYED" EMPLOYEES MUST RENDER 18 OR 30 MONTHS (AS THE CASE MAY BE) OF ACTUAL SERVICE COMPUTED ON THE BASIS OF THE TIME PER MONTH THAT FULL-TIME EMPLOYEES OF THE SAME CLASS WOULD BE REQUIRED TO WORK.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, DECEMBER 15, 1941:

I HAVE YOUR LETTER OF NOVEMBER 27, 1941, AS FOLLOWS:

REFERENCE IS MADE TO YOUR PRIOR DECISIONS CONSTRUING THE PROVISIONS OF THE RAMSPECK ACT--- PARTICULARLY THAT OF OCTOBER 27, 1941 (B 20925), ADDRESSED TO THE SECRETARY OF THE INTERIOR.

CHARMEN AND CHARWOMEN ARE EMPLOYED IN THE CUSTODIAL SERVICE OF THIS DEPARTMENT FOR FIVE HOURS' SERVICE DAILY, AND THEY ARE PAID AT THE RATE OF 50 CENTS PER HOUR. IN VIEW OF THE FACT THAT THEY RENDER LESS THAN EIGHT HOURS' SERVICE DAILY, YOUR DECISION IS REQUESTED WHETHER A CHARMAN OR CHARWOMAN APPOINTED TO A PERMANENT POSITION AT 50 CENTS AN HOUR ON JULY 1, 1939, WHO WAS PROMOTED WITH THE PRIOR APPROVAL OF THE CIVIL SERVICE COMMISSION TO A PERMANENT POSITION OF LABORER ON JULY 1, 1940, IS ELIGIBLE TO A ONE-STEP INCREASE IN SALARY EFFECTIVE OCTOBER 1, 1941.

THE DEPARTMENT ALSO EMPLOYES IN ITS CUSTODIAL SERVICE TWO CLASSES OF INTERMITTENT EMPLOYEES--- RELIEF TELEPHONE OPERATORS AND SUBSTITUTE LABORERS. THESE EMPLOYEES ARE PAID ON AN ANNUAL BASIS FOR SERVICES ACTUALLY RENDERED. RELIEF OPERATORS ARE EMPLOYED DURING THE ABSENCE OF REGULAR OPERATORS EITHER ON LEAVE WITH PAY OR WITHOUT PAY OR ON COMPENSATORY TIME. SUBSTITUTE LABORERS SERVE ONLY DURING THE ABSENCE OF REGULAR LABORERS ON LEAVE WITHOUT PAY. POSITIONS OCCUPIED BY THESE TWO CLASSES OF EMPLOYEES ARE PERMANENT AND THE EMPLOYEES ARE SUBJECT TO CALL AT ALL TIMES. YOUR DECISION IS LIKEWISE REQUESTED WHETHER THESE EMPLOYEES ARE ENTITLED TO INCREASES UNDER THE ACT OF AUGUST 1, 1941, AND, IF SO, WHETHER THE EIGHTEEN MONTHS OF SERVICE PRESCRIBED IN THAT ACT SHOULD BE COMPUTED BY CALENDAR MONTHS OR ON THE BASIS OF ACTUAL SERVICE PERFORMED.

A PROMPT DECISION ON THE POINTS RAISED ABOVE WILL BE APPRECIATED.

IN THE APPLICATION OF THE CITED ACT TO THE QUESTIONS PRESENTED THERE WERE NECESSARILY REQUIRED FOR CONSIDERATION THE COMPENSATION SCHEDULES ADOPTED BY THE POST OFFICE DEPARTMENT FOR THE INVOLVED CLASSES OF EMPLOYEES, AND BEFORE ANSWERING THE SPECIFIC QUESTIONS PRESENTED I FEEL THAT I SHOULD CALL TO YOUR ATTENTION CERTAIN MATTERS TENDING TO ESTABLISH THAT SUCH SCHEDULES MAY NOT BE IN ACCORD WITH EXISTING LAW AND DECISIONS OF THIS OFFICE.

THIS OFFICE HAS HELD THAT ALL OF THE POSITIONS IN THE CUSTODIAL SERVICE OF THE POST OFFICE DEPARTMENT ARE SUBJECT TO THE CLASSIFICATION ACT, AS AMENDED. 14 COMP. GEN. 448; 21 ID. 202. THE SCHEDULE OF SALARY RATES ON FILE IN THIS OFFICE PURPORTED TO HAVE BEEN ADOPTED BY THE POST OFFICE DEPARTMENT UNDER THE CLASSIFICATION ACT, AS AMENDED BY SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, FOR THE CUSTODIAL SERVICE OF THE POST OFFICE DEPARTMENT, DOES NOT SHOW COMPLIANCE WITH THE LAW AND THE DECISIONS OF THIS OFFICE THEREUNDER. NO GRADES PRESCRIBED BY THE CLASSIFICATION ACT SCHEDULES APPEAR TO HAVE BEEN ADMINISTRATIVELY ADOPTED FOR SUCH POSITIONS. FURTHERMORE, SOME OF THE SALARY RANGES DO NOT CORRESPOND WITH ANY SALARY RANGE PRESCRIBED BY THE SCHEDULES APPEARING IN THE CLASSIFICATION ACT FOR PARTICULAR GRADES, BUT ARE LIMITED TO 4, 5, OR 6 SALARY RATES WITH ONLY 3, 4, OR 5 STEPS, INSTEAD OF 6 (GRADES CU-2 AND 3) OR 7 SALARY RATES WITH 5 (GRADES CU-2 AND 3) OR 6 STEPS, AS PRESCRIBED BY THE CLASSIFICATION ACT, AND IN SOME INSTANCES THE SALARY RANGES BEGIN ABOVE OR BELOW THE MINIMUM AND END ABOVE OR BELOW THE MAXIMUM SALARY RATES OF THE SALARY RANGES PRESCRIBED BY THE CLASSIFICATION ACT. FOR INSTANCE, FOR THE POSITION OF LABORER MENTIONED IN THE SECOND PARAGRAPH OF YOUR LETTER, THERE HAVE BEEN ADMINISTRATIVELY ADOPTED NO GRADES BUT TWO SALARY RANGES, VIZ: (1) $1,140 TO $1,380 PER ANNUM FOR LABORERS IN SECOND- AND THIRD-CLASS OFFICES WITH A POPULATION UNDER 100,000 (5 SALARY RATES OF 4 STEPS), AND (2) FROM $1,200 TO $1,380 PER ANNUM FOR LABORERS IN FIRST- CLASS POST OFFICES OVER 100,000 POPULATION (4 SALARY RATES OF 3 STEPS). THE FIRST RANGE CORRESPONDS WITH THE FIVE HIGHEST SALARY RATES IN GRADE CU -2 OMITTING THE MINIMUM RATE OF $1,080 PER ANNUM, AND THE SECOND RANGE CORRESPONDS WITH THE FOUR HIGHEST SALARY RATES OF GRADE CU 2 OR THE FOUR LOWEST SALARY RATES OF GRADE CU-3. SOME OF THE SALARY RANGES ADMINISTRATIVELY ADOPTED DO PROPERLY CORRESPOND WITH RANGES PRESCRIBED BY THE CLASSIFICATION ACT BUT NO GRADE HAS BEEN ADMINISTRATIVELY DESIGNATED.

IN DECISION OF NOVEMBER 14, 1934, 14 COMP. GEN. 392, IT WAS HELD (QUOTING FROM THE SYLLABUS) AS FOLLOWS:

AS THE ENTIRE SALARY RANGE PRESCRIBED BY THE CLASSIFICATION ACT, AS AMENDED, FOR A PARTICULAR GRADE, RATHER THAN ONE OR ANY NUMBER OF SALARY RATES LESS THAN THE TOTAL PRESCRIBED FOR THE GRADE, ATTACHES TO ANY POSITION, EITHER FIELD OR DEPARTMENTAL, PLACED OR ALLOCATED IN SAID GRADE, REGARDLESS OF THE CLASS OF POSITION, THERE IS NO AUTHORITY FOR ADMINISTRATIVE ACTION PRESCRIBING A SALARY RANGE FOR A CERTAIN CLASS OF POSITION IN THE FIELD SERVICE BEGINNING AT A RATE HIGHER THAN THE MINIMUM- SALARY RATE OF THE RANGE PRESCRIBED BY THE CLASSIFICATION ACT, AS AMENDED, FOR THE ENTIRE GRADE IN WHICH SUCH POSITION IS PROPERLY PLACED OR ALLOCATED.

ALSO, IN DECISION OF NOVEMBER 27, 1934, 14 COMP. GEN. 420, IT WAS HELD (QUOTING FROM THE SYLLABUS) AS FOLLOWS:

THE PHRASE "SO FAR AS MAY BE PRACTICABLE" APPEARING IN SECTION 3 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, AND SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, EXTENDING THE PRINCIPLES OF CLASSIFICATION TO THE FIELD SERVICE, ONLY VESTS IN AN ADMINISTRATIVE OFFICE A DISCRETION AS TO THE PARTICULAR GRADE OR SALARY RANGES PRESCRIBED BY THE CLASSIFICATION ACT IN WHICH A FIELD POSITION IS TO BE PLACED OR ALLOCATED, AND DOES NOT IN ANY CASE AUTHORIZE AN ADMINISTRATIVE OFFICE TO FIX THE SALARY RATE OF A FIELD POSITION WITHOUT REGARD TO THE CLASSIFICATION ACT.

SEE ALSO, 10 COMP. GEN. 20; 11 ID. 177; 14 ID. 763; 15 ID. 154.

THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, WHICH IS AN AMENDMENT TO THE CLASSIFICATION ACT, CLEARLY CONTEMPLATES WITHIN-GRADE SALARY ADVANCEMENTS THROUGH THE ENTIRE SALARY RANGE OF THE GRADE PRESCRIBED BY THE SCHEDULES APPEARING IN THE CLASSIFICATION ACT UPON MEETING CERTAIN CONDITIONS. SEE SECTION 2 OF THE STATUTE. THERE IS NO AUTHORITY IN AN ADMINISTRATIVE OFFICE TO DEFEAT THE RIGHT OF FIELD EMPLOYEES UNDER THIS STATUTE BY LIMITING THE NUMBER OF SALARY RATES AND STEPS IN A FIELD GRADE OR SALARY RANGE TO LESS THAN THOSE APPEARING IN THE SCHEDULES PRESCRIBED BY THE CLASSIFICATION ACT. SEE SECTION 1 (B) OF THE PRESIDENT'S REGULATIONS, EXECUTIVE ORDER NO. 8882, DATED SEPTEMBER 3, 1941, ISSUED UNDER AUTHORITY OF SECTION 2 (G) OF THE SAID STATUTE.

UPON THE BASIS OF THE FOREGOING, IT WOULD APPEAR THAT ADMINISTRATIVE ACTION SHOULD BE TAKEN TO PLACE OR ALLOCATE ALL OF THE POSITIONS IN THE CUSTODIAL SERVICE OF THE POST OFFICE DEPARTMENT IN GRADES WITH SALARY RANGES PRESCRIBED BY THE SCHEDULES APPEARING IN THE CLASSIFICATION ACT, AS AMENDED, IN ORDER THAT THE EMPLOYEES MAY BE GIVEN THE FULL BENEFITS OF THE WITHIN-GRADE SALARY-ADVANCEMENT PLAN PROVIDED BY THE ACT OF AUGUST 1, 1941.

SECTION 7 OF THE CLASSIFICATION ACT, AS AMENDED BY SECTION 2 OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, CONTAINS THE FOLLOWING PERTINENT PROVISIONS:

ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAVE NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE IN WHICH THEIR POSITIONS ARE RESPECTIVELY ALLOCATED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT QUARTER, FOLLOWING THE COMPLETION OF: (1) EACH EIGHTEEN MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $60 OR $100, OR (2) EACH THIRTY MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $200 OR $250, SUBJECT TO THE FOLLOWING CONDITIONS:

(1) THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING SUCH PERIOD, EXCEPT INCREASE MADE PURSUANT TO SUBSECTION (F) OF THIS SECTION.

THE REGULATIONS OF THE PRESIDENT, EXECUTIVE ORDER NO. 8882, DATED SEPTEMBER 3, 1941, CONTAIN THE FOLLOWING PROVISIONS:

SECTION 1. IN THE ADMINISTRATION OF THE SAID SECTION 7, THE FOLLOWING DEFINITIONS OF TERMS USED THEREIN SHALL APPLY:

(D) "EQUIVALENT INCREASE IN COMPENSATION" SHALL MEAN ANY INCREASE OR INCREASES WHICH IN TOTAL ARE EQUAL TO OR GREATER THAN THE COMPENSATION INCREMENT IN THE LOWEST GRADE IN WHICH THE EMPLOYEE HAS SERVED DURING THE TIME PERIOD OF EIGHTEEN OR THIRTY MONTHS, AS THE SAME MAY BE.

SECTION 2. IN COMPUTING THE PERIODS OF SERVICE REQUIRED BY THE SAID SECTION 7 FOR WITHIN-GRADE ADVANCEMENTS THERE SHALL BE CREDITED TO SUCH SERVICE:

(A) CONTINUOUS CIVILIAN EMPLOYMENT IN ANY BRANCH, EXECUTIVE DEPARTMENT, INDEPENDENT ESTABLISHMENT, AGENCY, OR CORPORATION OF THE FEDERAL GOVERNMENT OR IN THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA.

(B) TIME ELAPSING ON ANNUAL, SICK, OR OTHER LEAVE WITH PAY.

(C) TIME ELAPSING IN A NONPAY STATUS (INCLUDING BREAK IN SERVICE) NOT EXCEEDING THIRTY DAYS WITHIN ANY ONE TIME PERIOD OF EIGHTEEN OR THIRTY MONTHS, AS THE CASE MAY BE.

(D) SERVICE RENDERED PRIOR TO ABSENCE ON FURLOUGH OR LEAVE WITHOUT PAY WHERE SUCH ABSENCE IS IN EXCESS OF THIRTY DAYS BUT NOT EXCEEDING ONE YEAR.

REFERRING TO THE QUESTION IN THE SECOND PARAGRAPH OF YOUR LETTER, AN INCREASE IN COMPENSATION RESULTING SOLELY BY REASON OF A TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE FROM A PART-TIME TO A FULL-TIME POSITION AT THE SAME RATE OF PAY PER HOUR DOES NOT CONSTITUTE AN "EQUIVALENT INCREASE IN COMPENSATION" WITHIN THE MEANING OF SECTION 7 (B) (1) OF THE STATUTE OR SECTION 1 (D) OF THE PRESIDENT'S REGULATIONS. IN SUCH A CASE THERE IS AN INCREASE IN THE TIME WORKED BUT NOT NECESSARILY IN THE RATE OF COMPENSATION PAID. A COMPARISON IN SUCH CASES SHOULD BE MADE BETWEEN THE PER ANNUM EQUIVALENT FOR FULL-TIME SERVICE OF THE PART-TIME SALARY RATE AND THE ANNUAL SALARY RATE FOR THE FULL-TIME POSITION TO WHICH THE EMPLOYEE IS TRANSFERRED OR REAPPOINTED.

CHARWOMEN AND CHARMEN OF THE CUSTODIAL SERVICE OF THE POSTAL SERVICE ARE EXPRESSLY EXCLUDED FROM THE PROVISIONS OF THE ACT OF AUGUST 14, 1935, 49 STAT. 650, ESTABLISHING A 40-HOUR WORK WEEK FOR POSTAL EMPLOYEES. SEE 16 COMP. GEN. 331. FURTHERMORE, THAT STATUTE IS NOT A PAY STATUTE. 15 COMP. GEN. 175; ID. 299. WHILE THE HOURS OF WORK AND LEAVE OF ABSENCE OF ALL CUSTODIAL EMPLOYEES HAVE BEEN HELD TO BE CONTROLLED BY THE LAWS APPLICABLE TO THE POSTAL SERVICE (15 COMP. GEN. 937; 19 ID. 445), NEVERTHELESS THE PER DIEM RATE OF COMPENSATION OF ALL PART-TIME EMPLOYEES PAID ON AN ANNUAL BASIS SUBJECT TO THE CLASSIFICATION ACT IS COMPUTED UNDER THE PROVISIONS OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, ON THE BASIS OF 1/360 OF THE ANNUAL RATE FOR EACH DAY OF SERVICE. IT IS PROPER, THEREFORE, TO COMPUTE THE PER ANNUM EQUIVALENT OF $0.50 PER HOUR RECEIVED BY THESE CHARWOMEN AND CHARMEN ON THE BASIS OF EIGHT HOURS PER DAY, OR $4 PER DIEM, WHICH, MULTIPLIED BY 360, MAKES A TOTAL OF $1,440 PER ANNUM. THIS RATE WOULD BE MORE THAN THE MINIMUM SALARY RATE OF EITHER OF THE SALARY RANGES ADOPTED ADMINISTRATIVELY FOR LABORERS IN THE CUSTODIAL SERVICE. ACCORDINGLY, ASSUMING THAT THE EMPLOYEES MENTIONED IN THE SECOND PARAGRAPH OF YOUR LETTER WERE PROMOTED TO THE MINIMUM SALARY RATE OF EITHER RANGE FOR LABORERS, VIZ, $1,140, OR $^,200 PER ANNUM, ON JULY 1, 1940, THERE WAS NO EQUIVALENT INCREASE IN COMPENSATION WITHIN THE MEANING OF THE ACT OF AUGUST 1, 1941, OR THE PRESIDENT'S REGULATIONS THEREUNDER.

SECTION 2 OF THE PRESIDENT'S REGULATIONS AUTHORIZES THE COUNTING OF PART- TIME SERVICE IN A CIVILIAN POSITION IN COMPUTING THE PRESCRIBED PERIOD OF 18 OR 30 MONTHS. SEE ANSWER TO THE SIXTH QUESTION IN DECISION OF OCTOBER 27, 1941, B-20925, 21 COMP. GEN. 369. THERE WAS CONSIDERED IN THAT DECISION A PART-TIME POSITION ON THE BASIS OF ONE YEAR. HERE, THERE IS FOR CONSIDERATION SERVICE IN A PART-TIME POSITION FOR PART OF EACH WORK DAY. THE PURPOSE AND INTENT OF SECTION 2 (C) OF THE PRESIDENT'S REGULATIONS ABOVE QUOTED APPEARS TO BE THAT ACTUAL SERVICE, ONLY, IN A PART-TIME POSITION (PART OF EACH WORK DAY), RATHER THAN FULL-TIME SERVICE OR THE CALENDAR MONTH SHOULD BE THE BASIS FOR COMPUTING THE PRESCRIBED PERIOD OF 18 OR 30 MONTHS. IN THE ABSENCE OF ANY OTHER RULE PRESCRIBED BY THE LAW OR THE REGULATIONS, IT MAY BE DETERMINED THAT THE ACTUAL SERVICE OF FIVE HOURS PER DAY PERFORMED BY THESE CHARWOMEN AND CHARMEN RENDERED PRIOR TO JULY 1, 1940, RATHER THAN FULL-TIME SERVICE OR CALENDAR MONTH SHOULD BE THE BASIS FOR DETERMINING THE PRESCRIBED PERIOD NECESSARY TO ENTITLE THEM TO PROMOTION AFTER TRANSFER TO A POSITION THE COMPENSATION OF WHICH IS PAID ON AN ANNUAL BASIS. THE PERIOD THESE EMPLOYEES SERVED AS FULL TIME LABORERS PRIOR TO OCTOBER 1, 1941, WAS 15 MONTHS, THAT IS, FROM JULY 1, 1940, TO SEPTEMBER 30, 1941, INCLUSIVE. THE SERVICE AS CHARWOMEN AND CHARMEN ON A PART-TIME BASIS FROM JULY 1, 1939, TO JULY 1, 1940, SHOULD BE COMPUTED FOR THIS PURPOSE AS FIVE-EIGHTHS OF A YEAR OR 7 1/2 MONTHS, MAKING A TOTAL OF 22 1/2 MONTHS--- MORE THAN 18 MONTHS' SERVICE--- THESE EMPLOYEES HAVE SERVED CONTINUOUSLY IN CIVILIAN EMPLOYMENT SINCE THEIR APPOINTMENTS DURING WHICH THEY HAVE NOT RECEIVED AN EQUIVALENT INCREASE IN COMPENSATION. ACCORDINGLY, THE EMPLOYEES REFERRED TO IN THE SECOND PARAGRAPH OF YOUR LETTER WERE ENTITLED TO A WITHIN-GRADE SALARY ADVANCEMENT AS OF OCTOBER 1, 1941, IF THEY OTHERWISE MET THE REQUIREMENTS OF THE STATUTE. IT IS BELIEVED THE ANSWER TO YOUR FIRST QUESTION ANSWERS ALSO THE QUESTION CONTAINED IN THE THIRD PARAGRAPH OF YOUR LETTER. EMPLOYEES PAID ON AN ANNUAL BASIS OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THE CLASSIFICATION ACT WHO ARE EMPLOYED ON A PART-TIME OR WHEN ACTUALLY-EMPLOYED BASIS ARE ENTITLED TO THE BENEFITS OF THE ACT OF AUGUST 1, 1941. DECISION OF OCTOBER 27, 1941, B-20925, 21 COMP. GEN. 369. ACCORDINGLY, IN SUCH CASES THE PRESCRIBED PERIOD OF 18 OR 30 MONTHS SHOULD BE COMPUTED ON THE BASIS OF THE ACTUAL TIME SERVED RATHER THAN THE CALENDAR MONTH. AN EMPLOYEE WORKING PART TIME OR ON THE BASIS OF WHEN ACTUALLY EMPLOYED MUST RENDER 18 OR 30 MONTHS (AS THE CASE MAY BE) OF ACTUAL SERVICE COMPUTED ON THE BASIS OF FULL TIME PER MONTH THE SAME CLASS OF EMPLOYEES MUST SERVE WITHOUT HAVING RECEIVED AN EQUIVALENT INCREASE IN COMPENSATION TO BECOME ELIGIBLE FOR A WITHIN GRADE SALARY ADVANCEMENT.