B-2837, APRIL 17, 1939, 18 COMP. GEN. 794

B-2837: Apr 17, 1939

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CLASSIFICATION - ADMINISTRATIVE DELAYS IN MAKING ALLOCATION EFFECTIVE - RETROACTIVE COMPENSATION INCREASES WHERE ADMINISTRATIVE ACTION TO MAKE EFFECTIVE AN ORIGINAL CLASSIFICATION OF A NEW POSITION WAS DELAYED BECAUSE OF REORGANIZATIONAL CHANGES AND THE EMPLOYEE INVOLVED WAS ACTUALLY PERFORMING ON THE FIRST DAY OF THE MONTH IN WHICH NOTICE OF SAID ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE. THE IDENTICAL DUTIES ON THE BASIS OF WHICH THE NEW POSITION ALLOCATION WAS MADE. PAYMENT MAY BE MADE OF THE DIFFERENCE IN PAY BETWEEN THAT RECEIVED AT THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE AND THAT OF THE MINIMUM OF THE GRADE IN WHICH THE POSITION WAS ALLOCATED.

B-2837, APRIL 17, 1939, 18 COMP. GEN. 794

CLASSIFICATION - ADMINISTRATIVE DELAYS IN MAKING ALLOCATION EFFECTIVE - RETROACTIVE COMPENSATION INCREASES WHERE ADMINISTRATIVE ACTION TO MAKE EFFECTIVE AN ORIGINAL CLASSIFICATION OF A NEW POSITION WAS DELAYED BECAUSE OF REORGANIZATIONAL CHANGES AND THE EMPLOYEE INVOLVED WAS ACTUALLY PERFORMING ON THE FIRST DAY OF THE MONTH IN WHICH NOTICE OF SAID ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE, AND THEREAFTER DURING AND AFTER THE REORGANIZATION, THE IDENTICAL DUTIES ON THE BASIS OF WHICH THE NEW POSITION ALLOCATION WAS MADE, AND THE ADMINISTRATIVE OFFICE HAS ACCEPTED SAID ALLOCATION AS THE FINAL ACTION OF THE CIVIL SERVICE COMMISSION, PAYMENT MAY BE MADE OF THE DIFFERENCE IN PAY BETWEEN THAT RECEIVED AT THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE AND THAT OF THE MINIMUM OF THE GRADE IN WHICH THE POSITION WAS ALLOCATED, UNDER THE RULE THAT AN ORIGINAL ALLOCATION OF A NEW POSITION--- AS DISTINGUISHED FROM AN ADMINISTRATIVE PROMOTION TO AN ADDITIONAL POSITION-- - IN WHICH AN EMPLOYEE IS ALREADY SERVING, AS WELL AS THE REALLOCATION OF AN EXISTING POSITION, IS EFFECTIVE FROM THE FIRST OF THE MONTH OR THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.

COMPTROLLER GENERAL BROWN TO THE CHAIRMAN, SOCIAL SECURITY BOARD, APRIL 17, 1939:

YOUR LETTER OF MARCH 29, 1939, IS AS FOLLOWS:

UNDER DATE OF MARCH 4, 1938, THERE WAS RECEIVED IN THE ADMINISTRATIVE OFFICES OF THE BOARD NOTICE FROM THE CIVIL SERVICE COMMISSION OF THE ALLOCATION OF THE POSITION OF TECHNICAL ADVISER P-4, BUREAU OF UNEMPLOYMENT COMPENSATION, OCCUPIED BY MISS OLGA S. HALSEY AT $4,000 PER ANNUM, TO P-5, WITH CHANGE OF TITLE TO CHIEF, INTERPRETATION SERVICE SECTION, IN THE SAME BUREAU. THIS CHANGE OF DUTIES WAS A GRADUAL DEVELOPMENT, AND MISS HALSEY HAD BEEN PERFORMING THE DUTIES OF THE NEW POSITION FOR SOME TIME PRIOR TO THE SUBMISSION OF THE NEW JOB SHEET, THOUGH IT WAS IN EFFECT A NEW POSITION AND THE JOB SHEET COULD HAVE BEEN SUBMITTED AS A VACANCY INSTEAD OF AS AN OCCUPIED POSITION. BECAUSE OF A PROPOSED REORGANIZATION IN THIS BUREAU THAT DEVELOPED AFTER THE JOB SHEET WAS SUBMITTED, AND ALSO BECAUSE IT SEEMED LIKELY AT THE TIME OF THE RECEIPT OF THE NOTICE OF ALLOCATION THAT SOME REORGANIZATIONAL CHANGE WOULD BE MADE, THIS ALLOCATION HAS NEVER BEEN MADE EFFECTIVE; BUT NOW THAT THE REORGANIZATION HAS BEEN COMPLETED, IT BECOMES NECESSARY FOR THE BOARD TO TAKE ADMINISTRATIVE ACTION TO CARRY THIS ALLOCATION INTO EFFECT, AND THE QUESTION ARISES AS TO WHETHER IT IS NECESSARY TO MAKE SUCH ACTION RETROACTIVE TO MARCH 1, 1938, THE BEGINNING OF THE PAY PERIOD CURRENT WHEN THE NOTICE OF ALLOCATION WAS RECEIVED, OR WHETHER IT MAY BE CURRENT. MISS HALSEY WAS PROMOTED ADMINISTRATIVELY ON JULY 1, 1938, TO $4,200 PER ANNUM.

IN DECISION OF SEPTEMBER 8, 1924, 4 COMP. GEN. 280, THE FOLLOWING RULE WAS STATED (QUOTING FROM THE SYLLABUS):

THE ORIGINAL ALLOCATION OR A REVISED ALLOCATION OF A POSITION HEREAFTER, MADE UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, IS EFFECTIVE ONLY FROM THE BEGINNING OF THE PAY PERIOD CURRENT AT THE DATE OF RECEIPT BY THE ADMINISTRATIVE OFFICE. PAYMENTS HERETOFORE MADE EFFECTIVE FROM JULY 1, 1924, UNDER THE DECISION OF JULY 24, 1924, 4 COMP. GEN. 106, WILL NOT BE QUESTIONED.

THIS RULE HAS NOT BEEN CHANGED AND HAS BEEN SPECIFICALLY APPLIED TO THE ORIGINAL ALLOCATION OF NEW POSITIONS. SEE DECISION OF SEPTEMBER 16, 1925, 5 COMP. GEN. 202, HOLDING AS FOLLOWS (QUOTING FROM THE SYLLABUS):

NEWLY CREATED POSITIONS, ALTHOUGH SIMILAR TO AND BEARING THE SAME TITLE AS POSITIONS ALREADY IN EXISTENCE AND ALLOCATED, SHOULD NOT BE FILLED BY APPOINTMENT OR PROMOTION UNTIL AFTER THE NEW POSITIONS HAVE BEEN APPROVED AND ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD AND THE COMPENSATION OF THE NEWLY CREATED POSITIONS MAY NOT BE PAID TO THE EMPLOYEES APPOINTED OR PROMOTED THERETO PRIOR TO THE BEGINNING OF THE PAY PERIOD CURRENT WHEN THE NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.

SEE ALSO DECISION OF DECEMBER 27, 1930, 10 COMP. GEN. 284, HOLDING AS FOLLOWS (QUOTING FROM THE SYLLABUS):

EVEN THOUGH THE FORMAL ADMINISTRATIVE APPOINTMENT TO A NEW POSITION WAS DATED AFTER THE ADMINISTRATIVE OFFICE RECEIVED NOTICE OF THE ORIGINAL ALLOCATION OF THE NEW POSITION, IT IS PROPER, WHERE THE EMPLOYEE HAS BEEN PERFORMING THE DUTIES OF THE NEW POSITION FROM A DATE PRIOR TO THE FIRST OF THE MONTH, TO APPLY THE GENERAL RULE AND CONSIDER THE EFFECTIVE DATE OF THE ALLOCATION FOR PAY PURPOSES AS THE FIRST OF THE MONTH OR THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.

SEE ALSO 4 COMP. GEN. 395; 6 ID. 202; ID. 355; ID. 530; 8 ID. 40; 9 ID. 128; AND 11 ID. 395. YOU WILL NOTE THAT THE RULE IS APPLICABLE TO AN ORIGINAL ALLOCATION OF A NEW POSITION--- AS DISTINGUISHED FROM AN ADMINISTRATIVE PROMOTION, TO AN ADDITIONAL POSITION (COMPARE 8 COMP. GEN. 522 AND 9 ID. 101/--- IN WHICH AN EMPLOYEE IS ALREADY SERVING, AS WELL AS TO THE REALLOCATION OF AN EXISTING POSITION.

IT IS UNDERSTOOD THAT THE POSITION, THE DUTIES OF WHICH MISS HALSEY WAS ACTUALLY PERFORMING ON MARCH 1, 1938, HAD NEVER PREVIOUSLY BEEN ALLOCATED; THAT IT CONSTITUTED A NEW POSITION; AND THAT THE ACTION OF THE CIVIL SERVICE COMMISSION, NOTICE OF WHICH WAS RECEIVED MARCH 4, 1938, WAS AN ORIGINAL ACTION ON SUCH DUTIES. IF THAT UNDERSTANDING OF THE FACTS BE CORRECT, AND IF THE DUTIES MISS HALSEY WAS PERFORMING ON MARCH 1, 1938, WERE THE IDENTICAL DUTIES ON THE BASIS OF WHICH THIS NEW POSITION WAS ALLOCATED TO P-5 IN THE ALLOCATION NOTICE OF WHICH WAS RECEIVED MARCH 4, 1938, AND WHICH THE SOCIAL SECURITY BOARD ACCEPTED AS THE FINAL ACTION OF THE CIVIL SERVICE COMMISSION (COMPARE 9 COMP. GEN. 325), AND IF SHE HAS SINCE CONTINUED TO PERFORM THE SAME DUTIES NOTWITHSTANDING THE REORGANIZATION (SEE 8 COMP. GEN. 496), SHE WOULD APPEAR TO BE ENTITLED TO THE DIFFERENCE BETWEEN $4,000 PER ANNUM, THE SALARY RATE SHE WAS THEN RECEIVING, AND $4,600 PER ANNUM, THE MINIMUM RATE OF GRADE P-5, FOR THE PERIOD FROM MARCH 1, 1938, THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION OF THE NEW POSITION IN GRADE P5 WAS RECEIVED IN THE SOCIAL SECURITY BOARD FROM THE CIVIL SERVICE COMMISSION, TO JUNE 30, 1938, INCLUSIVE, AND TO THE DIFFERENCE BETWEEN $4,200 PER ANNUM TO WHICH SHE WAS PROMOTED EFFECTIVE JULY 1, 1938, AND $4,600 PER ANNUM FOR THE PERIOD FROM JULY 1, 1938, TO DATE.