B-29193, OCTOBER 10, 1942, 22 COMP. GEN. 336

B-29193, OCTOBER 10, 1942, 22 COMP. GEN. 336

COMPENSATION - WITHIN-GRADE PROMOTIONS - EFFECTIVE DATE UNDER THE WITHIN-GRADE SALARY-ADVANCEMENT STATUTE OF AUGUST 1, 1941, WHICH CONTEMPLATES A MANDATORY WITHIN-GRADE PROMOTION EFFECTIVE AT THE BEGINNING OF THE QUARTER FOLLOWING THE QUARTER DURING WHICH ALL OF THE CONDITIONS SPECIFIED IN THE STATUTE BECOME FIXED AND ACCRUED, AN EMPLOYEE, PREVIOUSLY INELIGIBLE FOR SUCH A WITHIN-GRADE PROMOTION BY REASON OF HAVING ATTAINED THE MAXIMUM SALARY OF HIS GRADE, WHO WAS APPOINTED TO A NEW POSITION IN A DIFFERENT GRADE AT THE MINIMUM SALARY THEREOF ON JULY 1, 1942, AND WHO MET ALL CONDITIONS OF THE STATUTE ON THAT DATE, IS NOT ENTITLED TO A WITHIN-GRADE PROMOTION UNTIL THE BEGINNING OF THE FOLLOWING QUARTER, OCTOBER 1, 1942.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, OCTOBER 10, 1942:

I HAVE YOUR LETTER OF SEPTEMBER 23, 1942, AS FOLLOWS:

A DECISION IS REQUESTED ON THE FOLLOWING:

AN EMPLOYEE OF THE POST OFFICE DEPARTMENT SERVING IN GRADE CAF-13 WAS PROMOTED TO THE MAXIMUM OF THAT GRADE EFFECTIVE JUNE 16, 1939. ON JULY 1, 1942, HE WAS PROMOTED TO A NEW POSITION IN GRADE CAF-14 AT $6500 PER ANNUM.

IS THIS EMPLOYEE, WHOSE CURRENT EFFICIENCY RATING IS " VERY GOOD" AND WHO HAS NOT HAD AN EQUIVALENT INCREASE IN COMPENSATION FROM ANY SOURCE FOR MORE THAN THIRTY MONTHS OF CONTINUOUS SERVICE, ENTITLED TO A PROMOTION ON JULY 1, 1942, TO $6750 PER ANNUM?

IF THE ANSWER TO THIS QUESTION IS IN THE NEGATIVE, WILL YOU PLEASE ADVISE THE DATE ON WHICH THIS EMPLOYEE WILL BE ENTITLED TO AN AUTOMATIC PROMOTION UNDER THE PROVISIONS OF PUBLIC LAW 200 - 77TH CONGRESS.

SUBSECTION (B) OF SECTION 7 OF THE CLASSIFICATION ACT, AS ADDED BY THE AMENDATORY ACT OF AUGUST 1, 1941, 55 STAT. 613, 614, PROVIDES AS FOLLOWS:

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;

(2) THAT AN EMPLOYEE WHOSE RATE OF COMPENSATION IS BELOW THE MIDDLE RATE OF THE GRADE SHALL NOT BE ADVANCED UNLESS HIS CURRENT EFFICIENCY IS GOOD OR BETTER THAN GOOD;

(3) THAT AN EMPLOYEE WHOSE RATE OF COMPENSATION IS AT OR ABOVE THE MIDDLE RATE OF THE GRADE SHALL NOT BE ADVANCED UNLESS HIS CURRENT EFFICIENCY IS BETTER THAN GOOD;

(4) THAT THE SERVICE AND CONDUCT OF SUCH EMPLOYEE ARE CERTIFIED BY THE HEAD OF THE DEPARTMENT OR AGENCY OR SUCH OFFICIAL AS HE MAY DESIGNATE AS BEING OTHERWISE SATISFACTORY. ( ITALICS SUPPLIED.)

THE STATUTE CONTEMPLATES A MANDATORY INCREASE IN COMPENSATION EFFECTIVE AT THE BEGINNING OF THE QUARTER FOLLOWING THE QUARTER DURING WHICH EACH AND ALL OF THE PREREQUISITE CONDITIONS SPECIFIED BY THE STATUTE HAVE BECOME FIXED AND ACCRUED. OF COURSE, PRIOR TO THE QUARTER BEGINNING JULY 1, 1942, THERE WAS NO QUESTION OF ELIGIBILITY FOR AN INCREASE OF COMPENSATION BECAUSE THE EMPLOYEE HAD ALREADY "ATTAINED THE MAXIMUM RATE OF COMPENSATION ($6,400) FOR THE GRADE (CAF-13)" IN WHICH HIS POSITION WAS ALLOCATED. IT WAS NOT UNTIL JULY 1, 1942, WHEN HE WAS PROMOTED TO GRADE CAF-14, AT THE MINIMUM ($6,500) OF THAT GRADE, THAT HE HAD "NOT ATTAINED THE MAXIMUM RATE OF THE COMPENSATION FOR THE GRADE" IN WHICH HIS THEN POSITION WAS ALLOCATED, AND HAVING MET THAT PART OF THE STATUTORY REQUIREMENT (THE WORDS JUST QUOTED), THE STATUTE THEN OPERATES, AND THEREBY THE EMPLOYEE IS REQUIRED TO "BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT QUARTER" (ITALICS SUPPLIED) AFTER HAVING MET THE REMAINING REQUISITES OF THE STATUTE. THE INCREASE WHICH OCCURRED ON JULY 1, 1942--- AMOUNTING TO ONLY $100--- WAS NOT AN ,EQUIVALENT INCREASE IN COMPENSATION" TO THE COMPENSATION INCREMENTS ($200) IN THE LOWEST GRADE IN WHICH THE EMPLOYEE HAD SERVED DURING THE PREVIOUS THIRTY MONTHS. SEE DECISION B- 28027, DATED AUGUST 19, 1942, 22 COMP. GEN. 151. THEREFORE, SUCH INCREASE OF $100 WOULD NOT AFFECT ANY PROMOTION OTHERWISE DUE UNDER THE STATUTE. SEE SECTION 1 (D) OF THE PRESIDENT'S REGULATIONS ( EXECUTIVE ORDER NO. 8882, DATED SEPTEMBER 3, 1941) IMPLEMENTING THE STATUTE. THUS, SINCE IT WAS NOT UNTIL JULY 1, 1942, THAT THE EMPLOYEE HAD "NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE" OF HIS THEN POSITION, AND SINCE, FURTHERMORE, THE STATUTE THEN OPERATED TO GRANT HIM A MANDATORY PROMOTION "AT THE BEGINNING OF THE NEXT QUARTER," AFTER MEETING, ALSO, THE OTHER REQUIREMENTS SET FORTH IN THE STATUTE, IT FOLLOWS THAT "THE BEGINNING OF THE NEXT QUARTER" IN THIS CASE IS OCTOBER 1, 1942.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT THE EMPLOYEE IS NOT ENTITLED TO THE AUTOMATIC INCREASE ON JULY 1, 1942, TO $6,750 PER ANNUM, BUT THAT HE WOULD BE ENTITLED TO SUCH INCREASE ON OCTOBER 1, 1942, IF HE OTHERWISE MET THE CONDITIONS OF THE STATUTE REGARDING EFFICIENCY, CONDUCT, ETC. ..END :