B-30359, DECEMBER 8, 1942, 22 COMP. GEN. 526

B-30359: Dec 8, 1942

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IS TO REQUIRE AN ADJUSTMENT. THE REALLOCATION OF A POSITION TO ANOTHER GRADE IS REQUIRED. THE EFFECTIVE DATE OF THE SALARY CHANGE RESULTING FROM SUCH REALLOCATION IS FOR DETERMINATION IN ACCORDANCE WITH THE USUAL RULES RESPECTING THE EFFECTIVE DATE OF REALLOCATIONS OF POSITIONS. THE RESULTING CHANGE IN SALARY IS EFFECTIVE AT THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. THE CHANGE IN SALARY IS EFFECTIVE ON THE DATE OF APPROVAL BY THE PROPER ADMINISTRATIVE OFFICER. 1942: I HAVE YOUR LETTER OF NOVEMBER 12. ADJUSTMENTS HAVE BEEN MADE. THERE HAVE BEEN SOME EMPLOYEES IN THE FIELD WHOSE SEPARATIONS WERE IN PROCESS ON AUGUST 1 OR SOON THEREAFTER.

B-30359, DECEMBER 8, 1942, 22 COMP. GEN. 526

COMPENSATION - SUBPROFESSIONAL AND CUSTODIAL, ETC. EMPLOYEES - EFFECTIVE DATE OF STATUTORY SALARY RATE ADJUSTMENTS THE EFFECT OF THE PROVISIONS IN THE ACT OF AUGUST 1, 1942, ELIMINATING THE LOWER SALARY RATES AND ADDING HIGHER RATES AT THE TOP OF THE RANGES OF CERTAIN GRADES IN THE SUBPROFESSIONAL AND THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICES, IS TO REQUIRE AN ADJUSTMENT, EFFECTIVE AUGUST 1, 1942, IN ANY SALARY RATE ELIMINATED BY THE ACT SO AS TO PAY THE EMPLOYEE THE NEW MINIMUM SALARY RATE OF THE SAME GRADE OCCUPIED BY HIM ON AUGUST 1, 1942, BASED ON THE THEN EXISTING ALLOCATION OF THE POSITION. WHERE, BY REASON OF THE ACT OF AUGUST 1, 1942, CHANGING THE DESCRIPTION OF THE DUTIES OF POSITIONS TO BE ALLOCATED IN CERTAIN GRADES OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE, THE REALLOCATION OF A POSITION TO ANOTHER GRADE IS REQUIRED, THE EFFECTIVE DATE OF THE SALARY CHANGE RESULTING FROM SUCH REALLOCATION IS FOR DETERMINATION IN ACCORDANCE WITH THE USUAL RULES RESPECTING THE EFFECTIVE DATE OF REALLOCATIONS OF POSITIONS, AND MAY NOT BE MADE RETROACTIVELY EFFECTIVE TO AUGUST 1, 1942-- - THE EFFECTIVE DATE OF THE ACT. UPON REALLOCATION OF A POSITION IN THE DEPARTMENTAL SERVICE, INVOLVING ACTION BY BOTH THE ADMINISTRATIVE OFFICE AND THE CIVIL SERVICE COMMISSION, THE RESULTING CHANGE IN SALARY IS EFFECTIVE AT THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE, BUT IN THE FIELD SERVICE, INVOLVING ACTION BY THE ADMINISTRATIVE OFFICE ONLY, THE CHANGE IN SALARY IS EFFECTIVE ON THE DATE OF APPROVAL BY THE PROPER ADMINISTRATIVE OFFICER, OR AT SUCH LATER DATE AS MIGHT BE ADMINISTRATIVELY FIXED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, DECEMBER 8, 1942:

I HAVE YOUR LETTER OF NOVEMBER 12, 1942, AS FOLLOWS:

PUBLIC LAW 694, 77TH CONGRESS, APPROVED AUGUST 1, 1942, FURTHER AMENDS THE CLASSIFICATION ACT OF 1923 BY CHANGING THE SALARY RATES AND DEFINITIONS OF CERTAIN GRADES. PURSUANT TO THIS ACT, ADJUSTMENTS HAVE BEEN MADE, EFFECTIVE AUGUST 1. THERE HAVE BEEN SOME EMPLOYEES IN THE FIELD WHOSE SEPARATIONS WERE IN PROCESS ON AUGUST 1 OR SOON THEREAFTER, AND THE QUESTION ARISES WHETHER IN SUCH CASES ADJUSTMENTS NOW SHOULD BE MADE, AND IF SO, WHETHER THEY SHOULD DATE BACK TO AUGUST 1. YOUR DECISION ON THIS MATTER WILL BE APPRECIATED.

SECTIONS 2 (A) AND 3 OF THE ACT OF AUGUST 1, 1942, 56 STAT. 735, PUBLIC LAW 694, PROVIDE IN PERTINENT PART, RESPECTIVELY, AS FOLLOWS:

SEC. 2 (A) UNTIL SUCH TIME AS THE PROVISIONS OF TITLE II OF THE ACT OF NOVEMBER 26, 1940 ( PUBLIC, NUMBERED 880, SEVENTY-SIXTH CONGRESS), BECOME EFFECTIVE, THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS HAVING FIELD POSITIONS IN THE GRADES AFFECTED BY THIS ACT, THE COMPENSATION OF WHICH IS REQUIRED TO BE FIXED IN ACCORDANCE WITH SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, ARE AUTHORIZED AND DIRECTED TO ADJUST SUCH COMPENSATION TO CONFORM TO THE RATES ESTABLISHED FOR SUCH GRADES UNDER THIS ACT.

SEC. 3. IN ADJUSTING INITIALLY THE RATES OF PAY OF EMPLOYEES AFFECTED BY THE PROVISIONS OF THIS ACT, THE RULES PRESCRIBED BY SECTION 6 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, SHALL GOVERN: PROVIDED, THAT EXISTING ALLOCATIONS OF POSITIONS PREVIOUSLY MADE BY THE CIVIL SERVICE COMMISSION IN THE CUSTODIAL SERVICE SHALL BE USED FOR INITIAL PAY- ADJUSTMENT PURPOSES UNDER THIS ACT AND SHALL REMAIN IN EFFECT UNTIL CHANGED BY THE CIVIL SERVICE COMMISSION UNDER PROVISIONS OF THIS ACT.

RULES 2 AND 3 OF SECTION 6 OF THE CLASSIFICATION ACT OF 1923, APPROVED MARCH 4, 1923, 42 STAT. 1490, PROVIDE:

2. IF THE EMPLOYEE IS RECEIVING COMPENSATION LESS THAN THE MINIMUM RATE OF THE GRADE OR CLASS THEREOF IN WHICH HIS DUTIES FALL, THE COMPENSATION SHALL BE INCREASED TO THAT MINIMUM RATE.

3. IF THE EMPLOYEE IS RECEIVING COMPENSATION WITHIN THE RANGE OF SALARY PRESCRIBED FOR THE APPROPRIATE GRADE AT ONE OF THE RATES FIXED THEREIN, NO CHANGE SHALL BE MADE IN THE EXISTING COMPENSATION.

THE SALARY RANGES OF GRADES 1 AND 2 IN THE SUBPROFESSIONAL SERVICE AND GRADES 1 TO 8 INCLUSIVE IN THE FORMER CUSTODIAL SERVICE--- NOW THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE--- WERE CHANGED BY THE ACT OF AUGUST 1, 1942, THE MINIMUM RATES OF THE NEW RANGES BEING FIXED AT FROM ONE TO THREE STEPS HIGHER THAN THEY WERE FIXED BY THE CLASSIFICATION ACT, AS PREVIOUSLY AMENDED. ALSO, THE DESCRIPTION OF THE DUTIES OF POSITIONS TO BE ALLOCATED IN CERTAIN OF THE GRADES WERE CHANGED.

THE EFFECT OF THE PROVISIONS OF THE STATUTE ELIMINATING THE LOWER SALARY RATES AND ADDING HIGHER SALARY RATES AT THE TOP OF THE RANGES OF CERTAIN GRADES IS TO REQUIRE ADJUSTMENT EFFECTIVE AUGUST 1, 1942--- NO OTHER EFFECTIVE DATE HAVING BEEN FIXED--- IN ANY SALARY RATE WHICH HAD BEEN ELIMINATED BY THE STATUTE EITHER OF AN EMPLOYEE IN THE DEPARTMENTAL SERVICE (SECTION 1 OF THE ACT) OR IN THE FIELD SERVICE (SECTION 2, SUPRA) SO AS TO PAY THE EMPLOYEE THE NEW MINIMUM SALARY RATE OF THE SAME GRADE OCCUPIED BY THE EMPLOYEE ON AUGUST 1, 1942, BASED ON THE THEN EXISTING ALLOCATION OF THE POSITION BY THE CIVIL SERVICE COMMISSION IN THE DEPARTMENTAL SERVICE AND BY THE ADMINISTRATIVE OFFICE IN THE FIELD SERVICE. THAT IS TO SAY, ANY INCREASE IN COMPENSATION NECESSARY TO PAY ANY INVOLVED EMPLOYEE THE MINIMUM SALARY RATE OF THE NEW RANGE OF THE GRADE IN WHICH HIS POSITION WAS THEN ALLOCATED WAS (OF NECESSITY) EFFECTIVE AUGUST 1, 1942; AND IF THE COMPENSATION OF ANY SUCH EMPLOYEE HAS NOT HERETOFORE BEEN ADJUSTED IT NOW MAY BE ADJUSTED RETROACTIVELY EFFECTIVE TO THAT DATE--- THERE BEING NO OTHER LEGAL RATE ON AND AFTER THAT DATE LESS THAN THE NEW MINIMUM SALARY RATE OF SUCH GRADES.

HOWEVER, IN ANY CASE INVOLVING A REALLOCATION OF A POSITION TO ANOTHER GRADE REQUIRED BY REASON OF A CHANGE IN THE DESCRIPTION OF THE DUTIES OF POSITIONS TO BE ALLOCATED IN THE VARIOUS GRADES APPEARING IN THE ACT OF AUGUST 1, 1942, THE ADJUSTMENTS MAY NOT BE MADE RETROACTIVELY EFFECTIVE TO AUGUST 1, 1942, BUT THERE WOULD BE FOR APPLICATION THE USUAL RULES FOR DETERMINING THE EFFECTIVE DATE OF THE REALLOCATION OF A POSITION. IN THE DEPARTMENTAL SERVICE, INVOLVING ACTION BOTH BY THE ADMINISTRATIVE OFFICE AND BY THE CIVIL SERVICE COMMISSION, THE CHANGE IN SALARY UPON REALLOCATION OF THE POSITION IS EFFECTIVE AT THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. 4 COMP. GEN. 280, 721; 6 ID. 202, 355, 530; 11 ID. 395. IN THE FIELD SERVICE, INVOLVING ACTION BY THE ADMINISTRATIVE OFFICE ONLY, THE INCREASE IN COMPENSATION IS TO BE REGARDED AS AN ADMINISTRATIVE PROMOTION AND, AS SUCH, WOULD BE EFFECTIVE ON THE DATE OF APPROVAL BY THE PROPER ADMINISTRATIVE OFFICER, OR AT SUCH LATER DATE AS MIGHT BE ADMINISTRATIVELY FIXED. 6 COMP. GEN. 758; 10 ID. 514; 11 ID. 115.