B-46558, JANUARY 12, 1945, 24 COMP. GEN. 518

B-46558: Jan 12, 1945

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WHILE THE GENERAL RULE IS THAT A CHANGE IN SALARY RATE RESULTING FROM THE ALLOCATION OR REALLOCATION OF A POSITION IS EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ACTION OF THE CIVIL SERVICE COMMISSION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. SUCH RULE IS NOT FOR APPLICATION UNLESS THE EMPLOYEE AFFECTED HAS ACTUALLY ATTAINED AT THAT TIME THE QUALIFICATIONS PRESCRIBED BY THE COMMISSION. AT THE TIME HIS POSITION WAS ALLOCATED TO A HIGHER GRADE ON THE BASIS OF INCREASED DUTIES AND RESPONSIBILITIES. IS CONTINUED IN STATUS QUO AS ON DETAIL UNTIL HE BECOMES ELIGIBLE. EITHER RETROACTIVELY TO THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE OR PROSPECTIVELY.

B-46558, JANUARY 12, 1945, 24 COMP. GEN. 518

PROMOTIONS - ALLOCATIONS OR REALLOCATIONS - CIVIL SERVICE COMMISSION'S ELIGIBILITY REQUIREMENT AUTHORITY; EFFECTIVE DATE THE CIVIL SERVICE COMMISSION HAS THE AUTHORITY UNDER SECTION 3 OF THE CLASSIFICATION ACT OF 1923, TO REQUIRE AN EMPLOYEE TO SERVE A FIXED MINIMUM LENGTH OF TIME "IN HIS PRESENT GRADE OR ONE OF EQUIVALENT OR HIGHER GRADE LEVEL IN THE FEDERAL SERVICE" TO QUALIFY HIM TO OCCUPY A POSITION ALLOCATED OR REALLOCATED IN A PARTICULAR GRADE, AS WELL AS THE AUTHORITY TO DETERMINE THE QUALIFICATIONS OF AN EMPLOYEE FOR PROMOTION OR ADVANCEMENT IN SALARY FROM ONE GRADE TO ANOTHER. WHILE THE GENERAL RULE IS THAT A CHANGE IN SALARY RATE RESULTING FROM THE ALLOCATION OR REALLOCATION OF A POSITION IS EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ACTION OF THE CIVIL SERVICE COMMISSION IS RECEIVED IN THE ADMINISTRATIVE OFFICE, SUCH RULE IS NOT FOR APPLICATION UNLESS THE EMPLOYEE AFFECTED HAS ACTUALLY ATTAINED AT THAT TIME THE QUALIFICATIONS PRESCRIBED BY THE COMMISSION-- SUCH AS THE MINIMUM SERVICE ELIGIBILITY REQUIREMENTS PRESCRIBED IN DEPARTMENTAL CIRCULAR NO. 257, REVISION 3, AND SUPPLEMENTS THERETO--- TO ENTITLE HIM TO OCCUPY THE ALLOCATED OR REALLOCATED POSITION. 6 COMP. GEN. 358 AND 18 ID. 794, DISTINGUISHED. WHERE, AT THE TIME HIS POSITION WAS ALLOCATED TO A HIGHER GRADE ON THE BASIS OF INCREASED DUTIES AND RESPONSIBILITIES, AN EMPLOYEE DID NOT MEET THE MINIMUM SERVICE ELIGIBILITY REQUIREMENTS FOR PROMOTION TO SUCH HIGHER GRADE PRESCRIBED BY THE CIVIL SERVICE COMMISSION IN DEPARTMENTAL CIRCULAR NO. 257, REVISION 3, AND SUPPLEMENTS THERETO, HE MAY BE REGARDED AS REMAINING IN STATUS QUO AS ON DETAIL UNTIL HE QUALIFIES FOR THE HIGHER GRADE, AND MAY CONTINUE TO RECEIVE THE SALARY RATE OF THE FORMER GRADE DURING SUCH PERIOD. WHERE, UPON ALLOCATION OF HIS POSITION TO A HIGHER GRADE ON THE BASIS OF INCREASED DUTIES AND RESPONSIBILITIES, AN EMPLOYEE DID NOT MEET THE MINIMUM SERVICE ELIGIBILITY REQUIREMENTS FOR THE HIGHER GRADE AND, HENCE, IS CONTINUED IN STATUS QUO AS ON DETAIL UNTIL HE BECOMES ELIGIBLE, THE SALARY RATE OF THE HIGHER GRADE DOES NOT BECOME AUTOMATICALLY EFFECTIVE, EITHER RETROACTIVELY TO THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE OR PROSPECTIVELY, WHEN THE EMPLOYEE ATTAINS ELIGIBILITY, BUT THERE MUST BE ADMINISTRATIVE ACTION TERMINATING THE DETAIL AND PROMOTING HIM TO BECOME EFFECTIVE ON OR AFTER THE DATE THE ELIGIBILITY REQUIREMENTS ARE MET.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, JANUARY 12, 1945:

I HAVE YOUR LETTER OF DECEMBER 22, 1944, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO MY OFFICE FOR NECESSARY ACTION A RECOMMENDATION FOR THE PROMOTION OF MR. ARTHUR E. DOWNES FROM MARINE SURVEYOR AND APPRAISER, CAF-12, $4,600 PER ANNUM, TO MARINE SURVEYOR AND APPRAISER CAF-13, $5,600 PER ANNUM. MR. DOWNES IS PRESENTLY EMPLOYED IN THE DEPARTMENTAL SERVICE BY THE OFFICE OF THE CHIEF OF TRANSPORTATION. REVIEW OF THIS CASE INDICATES THAT, BECAUSE OF EXISTING REGULATIONS OF THE CIVIL SERVICE COMMISSION, THERE IS SOME QUESTION AS TO THE PROPRIETY OF APPROVING THE RECOMMENDATION.

MR. DOWNES WAS PROMOTED ON JANUARY 1, 1944, TO THE POSITION OF MARINE SURVEYOR AND APPRAISER, CAF-12, $4,600 PER ANNUM. SHORTLY AFTER THIS PROMOTION WAS EFFECTED A GENERAL SURVEY WAS MADE TO DETERMINE THE PROPER ALLOCATIONS FOR ALL OF THE POSITIONS IN THE ORGANIZATIONAL UNIT IN WHICH MR. DOWNES IS EMPLOYED. DURING THE COURSE OF THIS SURVEY, THE POSITION HELD BY MR. DOWNES WAS, ON AUGUST 16, 1944, ALLOCATED TO MARINE SURVEYOR AND APPRAISER, CAF-13, $5,600 PER ANNUM. THIS ALLOCATION WAS BASED UPON A FINDING BY THE CIVIL SERVICE COMMISSION THAT THERE HAD BEEN AN INCREASE IN THE DUTIES AND RESPONSIBILITIES ACTUALLY PERFORMED BY MR. DOWNES AND, AS A RESULT OF THIS FINDING, THERE WAS CREATED A NEW POSITION CONSISTING OF A COMBINATION OF THE DUTIES FORMERLY ASSIGNED AND THOSE ADDITIONAL DUTIES WHICH WERE BEING PERFORMED AT THE TIME THE ALLOCATION OF THE POSITION WAS REVIEWED BY THE CIVIL SERVICE COMMISSION. THE NEW POSITION SO CREATED WAS ESTABLISHED IN LIEU OF THE FORMER POSITION AND ALLOCATION THEREOF TO GRADE CAF-13 SERVED TO ABOLISH THE POSITION WHICH FORMERLY HAD BEEN ESTABLISHED IN GRADE CAF-12.

THE REGULATIONS OF THE CIVIL SERVICE COMMISSION APPLICABLE TO EFFECTING PROMOTIONS ( DEPARTMENTAL CIRCULAR 257, REVISION 3, SEPTEMBER 20, 1943) PROVIDE IN PERTINENT PART AS FOLLOWS:

"II. DELEGATION OF AUTHORITY.

"* * * AUTHORITY IS HEREBY GRANTED TO DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO EFFECT PROMOTIONS OR REASSIGNMENTS, * * * WITHOUT THE PRIOR APPROVAL OF THE COMMISSION WITHIN THE SAME DEPARTMENT OR AGENCY, BOTH IN WASHINGTON, D.C., AND IN THE FIELD IN ADVANCE OF FINAL AUDIT BY THE COMMISSION, SUBJECT, HOWEVER, TO THE FOLLOWING PROVISIONS: * * * * * *

"4.THE EMPLOYEE MUST HAVE SERVED AT LEAST TWELVE MONTHS, EXCLUSIVE OF LEAVE WITHOUT PAY, IN HIS PRESENT GRADE OR ONE OF EQUIVALENT OR HIGHER GRADE LEVEL IN THE FEDERAL SERVICE IN THOSE CASES WHERE THE ENTRANCE SALARY FOR THE GRADE OF THE PROPOSED POSITION IS HIGHER THAN $2,600 AND IS $600 OR MORE ABOVE THE ENTRANCE RATE OF THE EMPLOYEE'S PRESENT POSITION.

"III. CASES FOR WHICH PRIOR APPROVAL OF THE COMMISSION MUST BE OBTAINED AND PROCEDURES THEREFOR.

"* * * THE FOLLOWING TYPES OF CASES, HOWEVER, MUST BE SUBMITTED TO THE COMMISSION FOR DECISION BEFORE ANY CHANGE IS EFFECTED: * * * * * * *

"2. CASES INVOLVING PROMOTION OR REASSIGNMENT IN WHICH THE EMPLOYEE FAILS TO MEET THE APPROPRIATE LENGTH OF FEDERAL SERVICE REQUIREMENT.'

SINCE MR. DOWNES HAD SERVED LESS THAN ONE YEAR IN A GRADE CAF-12 POSITION THERE WAS SUBMITTED TO THE CIVIL SERVICE COMMISSION, IN ACCORDANCE WITH THE REGULATION CITED, A REQUEST FOR APPROVAL OF HIS PROMOTION TO GRADE CAF -13. ON AUGUST 31, 1944, THIS REQUEST WAS DISAPPROVED. FOLLOWING THIS DISAPPROVAL A REQUEST WAS SUBMITTED TO THE CIVIL SERVICE COMMISSION FOR INFORMATION AS TO THE ACTION REQUIRED SINCE THE/GRADE CAF-12 POSITION FORMERLY HELD BY MR. DOWNES HAD BEEN ABOLISHED BY ITS REALLOCATION TO GRADE CAF-13. IN ITS REPLY THE CIVIL SERVICE COMMISSION STATED IN PERTINENT PART AS FOLLOWS:

"* * * MR. DOWNES' POSITION WAS ALLOCATED AUGUST 16, 1944, TO CAF 13 ON THE BASIS OF INCREASED DUTIES AND RESPONSIBILITIES.

" MR. DOWNES IS NOT ENTITLED TO BE PAID IN GRADE CAF-13 MERELY BECAUSE OF THE ALLOCATION ACTION ON THE POSITION HE NOW OCCUPIES; HE MUST ALSO BE LEGALLY QUALIFIED FOR THE GRADE AND THIS, IN PROMOTION CASES IS GOVERNED BY THE DEPARTMENTAL CIRCULAR NO. 257. HE MAY BE PERMITTED TO CONTINUE ON THE WORK OF HIS PRESENT ASSIGNMENT BY THE PROCESS OF "DETAILING HIM TO THE POSITION. IN THIS PARTICULAR INSTANCE, IT APPEARS THAT THE DETAIL WOULD LAST UNTIL HE QUALIFIED FOR PROMOTION UNDER DEPARTMENTAL CIRCULAR NO. 257. IN THE MEANTIME, FOR PAY-ROLL PURPOSES, MR. DOWNES SHOULD BE CONTINUED IN HIS CAF-12 POSITION.' (ITALICS SUPPLIED.)

THE AUTHORITY OF THE CIVIL SERVICE COMMISSION TO PRESCRIBE REGULATIONS GOVERNING THE PROMOTION OF EMPLOYEES IS WELL RECOGNIZED AS IS ITS RESPONSIBILITY FOR ESTABLISHING QUALIFICATION STANDARDS FOR THE FILLING OF POSITIONS. THE INSTRUCTIONS APPLIED IN THE INSTANT CASE DO NOT, HOWEVER, MAKE ANY REFERENCE TO THE QUALIFICATIONS OF THE EMPLOYEE TO PERFORM THE DUTIES OF THE GRADE CAF-13 POSITION. ON THE CONTRARY, THEY PROVIDE FOR HIS CONTINUANCE IN THE GRADE CAF-13 POSITION BUT AT THE MINIMUM RATE OF PAY ESTABLISHED FOR GRADE CAF-12. A REVIEW OF THE VARIOUS DECISIONS OF YOUR OFFICE RAISES SERIOUS DOUBT AS TO THE APPLICABILITY OF THESE SUPPLEMENTAL INSTRUCTIONS FROM THE CIVIL SERVICE COMMISSION AS WELL AS TO THE GENERAL APPLICABILITY OF THE REGULATIONS OF THAT AGENCY CITED ABOVE.

IT APPEARS TO BE WELL-ESTABLISHED RULE THAT THE ONLY SALARY RATE LEGALLY PAYABLE TO AN EMPLOYEE IS A SALARY RATE OF THE GRADE TO WHICH THE EMPLOYEE'S POSITION IS ALLOCATED. IN 6 COMP. GEN. 358 IT WAS HELD AS FOLLOWS:

"UNDER THE PROVISIONS OF THE CLASSIFICATION ACT, AND THE DECISIONS OF THIS OFFICE WITH REFERENCE THERETO, AN EMPLOYEE WHOSE POSITION HAS BEEN REALLOCATED IS ENTITLED TO COMPENSATION AT A RATE FIXED IN THE CLASSIFICATION ACT FOR THE GRADE TO WHICH THE POSITION HAS BEEN REALLOCATED FROM THE BEGINNING OF THE PAY PERIOD IN WHICH NOTICE OF THE REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE AND PAYMENT AT ANY OTHER RATE IS NOT AUTHORIZED.' (ITALICS SUPPLIED.)

THE PROVISIONS OF 18 COMP. GEN. 794 INDICATE THAT, SINCE MR. DOWNES WAS ACTUALLY PERFORMING THE DUTIES WHICH SERVED AS A BASIS FOR THE ALLOCATION OF HIS POSITION TO CAF-13 NOT ONLY ON THE DATE SUCH ALLOCATION WAS MADE, BUT PRIOR TO THAT DATE AS WELL, THE FACT THE ACTION PROPOSED IS A PROMOTION TO A NEW POSITION RATHER THAN A REALLOCATION WOULD NOT ALTER THE APPLICABILITY OF THIS RULE.

IN VIEW OF THE FOREGOING, DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

(A) DO THE LENGTH OF SERVICE REQUIREMENTS ESTABLISHED BY THE REGULATIONS OF THE CIVIL SERVICE COMMISSION MAKE INAPPLICABLE THE REQUIREMENT, SET FORTH IN DECISIONS OF YOUR OFFICE, THAT AN EMPLOYEE BE PAID A SALARY RATE OF THE GRADE TO WHICH HIS POSITION IS ALLOCATED.

(B) IF THE ANSWER TO THE ABOVE QUESTION IS IN THE AFFIRMATIVE, MAY THE EMPLOYEE IN THE INSTANT CASE CONTINUE TO RECEIVE THE MINIMUM SALARY RATE OF GRADE CAF-12 UNTIL HE HAS MET THE LENGTH OF SERVICE REQUIREMENTS OF THE CIVIL SERVICE COMMISSION EVEN THOUGH (1) THE CAF 12 POSITION FORMERLY HELD HAS BEEN ABOLISHED AND (2) THE EMPLOYEE IS PERFORMING THE DUTIES OF A POSITION ALLOCATED TO CAF-13.

(C) IN THE EVENT IT IS PROPER TO CONTINUE THIS EMPLOYEE AT THE MINIMUM SALARY RATE OF GRADE CAF-12, EVEN THOUGH HE IS PERFORMING THE DUTIES OF A GRADE CAF-13 POSITION UNTIL HE HAS COMPLETED THE SERVICE REQUIRED FOR PROMOTION, WOULD HIS PROMOTION WHEN FINALLY EFFECTED BE RETROACTIVE TO THE BEGINNING OF THE PAY PERIOD IN WHICH NOTICE OF THE ALLOCATION OF HIS POSITION TO GRADE CAF-13 WAS RECEIVED OR WOULD IT BE NECESSARY TO MAKE THE PROMOTION PROSPECTIVELY EFFECTIVE.

SECTIONS 3 AND 10 OF THE ORIGINAL CLASSIFICATION ACT OF 1923, APPROVED MARCH 4, 1923, 42 STAT. 1489, 1491, PROVIDE IN PERTINENT PART:

SEC. 3. * * * * * * * * * * *

THE BOARD (NOW THE UNITED STATES CIVIL SERVICE COMMISSION) SHALL MAKE ALL NECESSARY RULES AND REGULATIONS NOT INCONSISTENT WITH THE PROVISIONS OF THIS ACT * * *. ITS REGULATIONS SHALL PROVIDE FOR ASCERTAINING AND RECORDING THE DUTIES OF POSITIONS AND THE QUALIFICATIONS REQUIRED OF INCUMBENTS, AND IT SHALL PREPARE AND PUBLISH AN ADEQUATE STATEMENT GIVING * * * (2) THE MINIMUM QUALIFICATIONS REQUIRED FOR THE SATISFACTORY PERFORMANCE OF SUCH DUTIES AND TASKS * * *.

SEC. 10. THAT, SUBJECT TO SUCH RULES AND REGULATIONS AS THE PRESIDENT MAY FROM TIME TO TIME PRESCRIBE * * * AN EMPLOYEE MAY BE * * * PROMOTED TO A VACANT POSITION IN A HIGHER GRADE AT A HIGHER RATE OF COMPENSATION, IN ACCORDANCE WITH CIVIL-SERVICE RULES * * *.

EXECUTIVE ORDER NO. 9378, DATED SEPTEMBER 23, 1943, PROVIDES AS FOLLOWS:

BY VIRTUE OF THE AUTHORITY VESTED IN ME BY SECTION 2 OF THE CIVIL SERVICE ACT (22 STAT. 404), PARAGRAPH 1 OF EXECUTIVE ORDER NO. 9063 OF FEBRUARY 16, 1942, IS HEREBY AMENDED TO READ AS OLLOWS:

"1. THE UNITED STATES CIVIL SERVICE COMMISSION IS AUTHORIZED TO ADOPT AND PRESCRIBE SUCH SPECIAL PROCEDURES AND REGULATIONS AS IT MAY DETERMINE TO BE NECESSARY IN CONNECTION WITH THE RECRUITMENT, PLACEMENT, AND CHANGES IN STATUS OF PERSONNEL, AND DISMISSALS ON ACCOUNT OF REDUCTION OF FORCE, FOR ALL DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHER FEDERAL AGENCIES, EXCEPT POSITIONS OF POSTMASTER IN ALL CLASSES OF POST OFFICES. THE PROCEDURES AND REGULATIONS THUS ADOPTED AND PRESCRIBED SHALL BE BINDING WITH RESPECT TO ALL POSITIONS AFFECTED THEREBY WHICH ARE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE ACT AND RULES.'

DEPARTMENTAL CIRCULAR 257, REVISION 3, DATED SEPTEMBER 20, 1943, THE PERTINENT PART OF WHICH IS QUOTED IN YOUR LETTER, WAS ISSUED BY THE CIVIL SERVICE COMMISSION UNDER THE AUTHORITY VESTED IN IT BY THE ABOVE QUOTED LAW AND IS IN LINE WITH THE EXECUTIVE ORDER, SUPRA. IT WOULD APPEAR THAT THE COMMISSION HAS THE AUTHORITY, PURSUANT TO LAW, TO REQUIRE AN EMPLOYEE TO SERVE A FIXED MINIMUM LENGTH OF TIME--- 12 MONTHS IN THIS INSTANCE--- "IN HIS PRESENT GRADE OR ONE OF EQUIVALENT OR HIGHER GRADE LEVEL IN THE FEDERAL SERVICE" TO QUALIFY HIM TO OCCUPY A POSITION ALLOCATED OR REALLOCATED IN PARTICULAR GRADE. ALSO, THE COMMISSION HAS AUTHORITY TO DETERMINE THE QUALIFICATIONS OF AN EMPLOYEE FOR PROMOTION OR ADVANCEMENT IN SALARY FROM ONE GRADE TO ANOTHER. IN THAT CONNECTION, REFERENCE IS MADE TO THE DECISION OF THIS OFFICE DATED JULY 11, 1940, B-11071, WHEREIN IT WAS STATED AS FOLLOWS:

THE CIVIL SERVICE LAWS AND REGULATIONS, HAVING TO DO WITH APPOINTMENTS, AND THE CLASSIFICATION ACT OF 1923, HAVING TO DO WITH SALARY RATES, ARE SEPARATE AND DISTINCT STATUTES WITH DIFFERENT SCOPES AND PURPOSES. COMP. GEN. 578; 18 ID. 223; ID. 796. THE CLASSIFICATION OF A POSITION PURSUANT TO THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, IS NOT A CLASSIFICATION OF THE EMPLOYEE WHO MAY BE DOING THE WORK OF THE POSITION THUS CLASSIFIED. ON THE CONTRARY, THE CLASSIFICATION RELATES ONLY TO THE WORK OR POSITION ITSELF AND DETERMINES THE PROPER COMPENSATION TO BE PAID FOR THAT WORK TO A PERSON QUALIFIED TO HOLD SUCH A POSITION. WHEN THE PRESENT INCUMBENT OF A RECLASSIFIED POSITION HAS THE NECESSARY QUALIFICATIONS FOR THAT POSITION THE COMPENSATION WOULD BE PAYABLE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN THE NOTICE OF THE CLASSIFICATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE, IRRESPECTIVE OF WHEN THE QUALIFICATION OF THE INCUMBENT IS DETERMINED BY THE CIVIL SERVICE COMMISSION, BUT, IN NO CASE, HOWEVER PRIOR TO THE DATE THE EMPLOYEE ACTUALLY ATTAINED THE NECESSARY QUALIFICATIONS.

HOWEVER, THERE IS NO AUTHORITY TO PAY THE COMPENSATION OF THE RECLASSIFIED OR NEWLY ALLOCATED POSITION TO A PERSON WHO IS NOT QUALIFIED TO HOLD THAT POSITION. IF COMPENSATION ATTACHED TO THE RECLASSIFIED OR NEWLY ALLOCATED POSITION HAS BEEN PAID PRIOR TO DETERMINATION BY THE CIVIL SERVICE COMMISSION OF THE EMPLOYEE'S QUALIFICATION FOR THAT POSITION AND THE EMPLOYEE IS FOUND BY THE COMMISSION TO BE NOT QUALIFIED TO HOLD THAT POSITION, THE EXCESS OVER THE COMPENSATION OF THE CLASSIFIED POSITION FORMERLY OCCUPIED BY THE INDIVIDUAL AND FOR WHICH HE OR SHE WAS QUALIFIED WOULD BE FOR REFUNDING. * * *

WHILE THE LACK OF NECESSARY QUALIFICATIONS OF THE INCUMBENT TO OCCUPY THE REALLOCATED POSITION CONSIDERED IN THAT DECISION RELATED TO THE FAILURE TO PASS AN EXAMINATION, THE SAME RULE MUST BE REGARDED AS APPLICABLE TO ANY REASONABLE CONDITION PRECEDENT PRESCRIBED BY THE COMMISSION TO QUALIFY AN EMPLOYEE TO BE ADVANCED TO A HIGHER POSITION IN A HIGHER GRADE WHETHER BY ADMINISTRATIVE PROMOTION OR BY THE PROCESS OF ALLOCATING OR REALLOCATING A POSITION.

YOU REFER TO THE DECISIONS OF THIS OFFICE STATING THE RULE FOR FIXING THE EFFECTIVE DATE OF CHANGE IN SALARY RATE AS THE RESULT OF AN ALLOCATION OR REALLOCATION OF A POSITION--- BEGINNING OF THE PAY PERIOD WHEN NOTICE OF THE ACTION OF THE COMMISSION IS RECEIVED IN THE ADMINISTRATIVE OFFICE--- AND SUGGEST THAT THE ACTION OF THE COMMISSION IN FIXING A MINIMUM SERVICE REQUIREMENT IN ,HIS PRESENT GRADE OR ONE OF EQUIVALENT OR HIGHER GRADE LEVEL IN THE FEDERAL SERVICE" MAY BE IN CONFLICT WITH THE DECISIONS OF THIS OFFICE. SUCH IS NOT THE CASE. IN NONE OF THE DECISIONS OF THIS OFFICE WHEREIN THE RULE REFERRED TO WAS STATED WAS THERE ANY QUESTION REGARDING THE QUALIFICATIONS OF THE EMPLOYEE ON THE EFFECTIVE DATE OF THE ALLOCATION OR REALLOCATION OF THE POSITION. IN ALL SUCH CASES, IT WAS ASSUMED THAT THE INCUMBENT OTHERWISE WAS QUALIFIED AND HAD AN APPROPRIATE LEGAL STATUS UNDER THE CIVIL SERVICE RULES TO ENTITLE HIM TO OCCUPY THE ALLOCATED OR REALLOCATED POSITION. NO CONSIDERATION HERETOFORE HAS BEEN GIVEN BY THIS OFFICE AS TO THE EFFECT OF THE ACTION OF THE COMMISSION IN FIXING A MINIMUM SERVICE REQUIREMENT WHERE A POSITION HAS BEEN ALLOCATED OR REALLOCATED. THE COMMISSION HAVING DETERMINED THAT AN EMPLOYEE IS NOT ELIGIBLE FOR ADVANCEMENT IN GRADE UNTIL HE SHALL HAVE SERVED A MINIMUM PERIOD IN A LOWER GRADE OR IN ANOTHER POSITION IN AN EQUIVALENT GRADE, THE RULE STATED IN THE DECISIONS OF THIS OFFICE WOULD NOT APPLY IN ANY CASE WHERE THE INCUMBENT OF AN ALLOCATED OR REALLOCATED POSITION HAS NOT MET THE MINIMUM SERVICE ELIGIBILITY REQUIREMENTS OF THE COMMISSION PRESCRIBED IN DEPARTMENTAL CIRCULAR NO. 257, REVISION 3, OF SEPTEMBER 20, 1943, AND THE SUPPLEMENT THERETO. IN ADDITION TO THE DECISION OF JULY 11, 1940, ABOVE QUOTED, SEE, ALSO, 19 COMP. GEN. 125; 21 ID. 113. CF. 20 COMP. GEN. 451. QUESTION (A) IS ANSWERED ACCORDINGLY.

QUESTION (B) IS ANSWERED IN THE AFFIRMATIVE--- THE EMPLOYEE TO BE REGARDED AS REMAINING IN STATUS QUO AS ON DETAIL UNTIL HE QUALIFIES FOR THE SALARY RATE OF THE HIGHER GRADE.

REFERRING TO QUESTION (C), THE INCREASE IN COMPENSATION DOES NOT BECOME AUTOMATICALLY EFFECTIVE, EITHER RETROACTIVE OR PROSPECTIVE, BUT THERE MUST BE ADMINISTRATIVE ACTION TERMINATING THE DETAIL AND PROMOTING THE EMPLOYEE TO BECOME EFFECTIVE ON OR AFTER THE DATE OF THE EMPLOYEE MEETS THE MINIMUM SERVICE ELIGIBILITY REQUIREMENTS OF THE COMMISSION, PROVIDED THE EMPLOYEE OTHERWISE HAS BEEN DETERMINED TO BE ELIGIBLE TO OCCUPY THE POSITION IN THE HIGHER GRADE.