B-47029, JANUARY 27, 1945, 24 COMP. GEN. 563

B-47029, JANUARY 27, 1945, 24 COMP. GEN. 563

PROMOTIONS - ALLOCATIONS - EFFECTIVE DATE - EMPLOYEES ON DETAIL FROM REGULAR POSITIONS PENDING ALLOCATION WHERE AN EMPLOYEE IS ON DETAIL FROM HIS REGULAR POSITION PENDING ALLOCATION THEREOF, THE HIGHER SALARY RATE OF THE NEW POSITION IS NOT EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE, UNDER THE GENERAL RULE, BUT IS EFFECTIVE ONLY FROM THE DATE ADMINISTRATIVE ACTION IS TAKEN TO TERMINATE THE DETAIL AND TRANSFER OR APPOINT THE EMPLOYEE TO THE NEW POSITION AS ALLOCATED. 18 COMP. GEN. 794, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO BEN E. LEWIS, NATIONAL HOUSING AGENCY, JANUARY 27, 1945:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1945, AS FOLLOWS:

THERE IS ATTACHED FOR YOUR CONSIDERATION AS TO THE PROPRIETY OF PAYMENT A STANDARD FORM 1013D PAYROLL VOUCHER IN THE AMOUNT OF $22.50, REPRESENTING THE DIFFERENCE BETWEEN SALARY PAID MRS. ELLEN D. SECHLER AT THE RATE OF $2,200 PER ANNUM FOR THE PERIOD MAY 14, 1944, THROUGH JUNE 13, 1944, AND SALARY WHICH SHE CLAIMS WAS DUE HER FOR THE PERIOD AT THE RATE OF $2,600 PER ANNUM, LESS PROPER RETIREMENT AND TAX DEDUCTIONS.

THE CIRCUMSTANCES OF THE CASE ARE AS FOLLOWS: AS THE RESULT OF ORGANIZATION CHANGES IN THE OFFICE OF THE ADMINISTRATOR, MRS. SECHLER WAS DETAILED ON MARCH 1, 1944, FROM HER POSITION IN THE ADMINISTRATIVE SERVICES DIVISION AS CLERK STENOGRAPHER, CAF-5, $2,200 PER ANNUM, TO A POSITION IN THE NEWLY CREATED BUDGET AND PROCEDURES SECTION OF THIS DIVISION, WHICH POSITION WAS ADMINISTRATIVELY ESTABLISHED AND RECOMMENDED TO THE CIVIL SERVICE COMMISSION FOR ALLOCATION AT CAF-7, $2,600 PER ANNUM. DUE TO THE TIME REQUIRED BY THE COMMISSION TO MAKE THE DETAILED EXAMINATION ESSENTIAL TO THE FIXING OF APPROPRIATE GRADES, TITLES, ETC., FOR POSITIONS IN THE NEW SECTION, THE FORMAL ALLOCATION ACTION WAS DELAYED UNTIL MAY 17, 1944, ON WHICH DATE THE ADMINISTRATIVE OFFICER RECORDS SHOW RECEIPT OF NOTICE OF THIS ACTION.

THROUGH OVERSIGHT, THE ADMINISTRATIVE ACTION NECESSARY TO EFFECT MRS. SECHLER'S TRANSFER FROM THE CAF-5 POSITION TO THE CAF-7 POSITION WAS NOT REQUESTED UNTIL JUNE 10, 1944, NOR WERE THE FACTS CONCERNING HER PERFORMANCE IN THE CAF-7 POSITION INCLUDED IN THE REQUEST. CONSEQUENTLY, THE CHANGE IN CLASSIFICATION WAS MADE EFFECTIVE JUNE 14, 1944, THE DATE THE ADMINISTRATIVE ACTION WAS TAKEN.

PURSUANT TO MRS. SECHLER'S CLAIM FOR ADDITIONAL SALARY, THE OFFICER DIRECTING HER TRANSFER CERTIFIED THAT IT WAS HIS INTENTION TO HAVE THE CHANGE IN CLASSIFICATION MADE EFFECTIVE AT THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF ALLOCATION OF THE NEW POSITION WAS RECEIVED FROM THE COMMISSION AND REQUESTED THAT THE JOURNAL ACTION BE AMENDED TO SHOW THE EFFECTIVE DATE AS MAY 14, 1944, AND THAT PAYMENT BE MADE TO MRS. SECHLER OF THE ADDITIONAL SALARY DUE HER ON THIS BASIS.

YOUR OPINION IS RESPECTIVELY REQUESTED AS TO WHETHER THIS CLAIM MAY BE PROPERLY PAID ON AN ADJUSTED ADMINISTRATIVE ACTION.

MRS. SECHLER'S ORIGINAL LETTER CLAIM AND THE SIGNED STATEMENT OF THE OFFICER DIRECTING THE TRANSFER ARE ATTACHED.

IT IS UNDERSTOOD FROM THE FACTS STATED IN YOUR LETTER AND FROM THE CORRESPONDENCE SUBMITTED THAT MRS. SECHLER WAS ON DETAIL FROM HER POSITION IN GRADE CAF-5, $2,200 PER ANNUM, TO PERFORM THE DUTIES OF THE NEWLY CREATED POSITION IN GRADE CAF-7, $2,600 PER ANNUM, THAT HER DETAIL WAS NOT TERMINATED, AND THAT SHE WAS NOT TRANSFERRED OR APPOINTED BY ADMINISTRATIVE ACTION TO THE NEW POSITION AFTER ITS ALLOCATION UNTIL JUNE 14, 1944, FROM WHICH DATE SHE HAS BEEN PAID SALARY AT THE RATE OF $2,600 PER ANNUM IN GRADE CAF-7.

IN DECISION OF AUGUST 28, 1943, 23 COMP. GEN. 145, IT WAS STATED AT PAGE 146 AS FOLLOWS:

DURING THE PERIOD OF DETAIL FROM ONE POSITION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY OF THE GOVERNMENT PURSUANT TO THE QUOTED STATUTE, AN EMPLOYEE REMAINS IN HIS REGULAR POSITION AND HIS COMPENSATION DURING THE PERIOD OF DETAIL CONTINUES TO BE THAT FIXED IN ACCORDANCE WITH THE LAWS AND REGULATIONS APPLICABLE TO HIS REGULAR POSITION. SEE SECTIONS 1764, AND 1765, REVISED STATUTES, AND 14 COMP. DEC. 294; 16 ID. 161; 3 COMP. GEN. 913; 4 ID. 126, 1030; 5 ID. 319, 374; 9 ID. 128; 18 ID. 923. IT IS NOT UNTIL THE EMPLOYEE'S DETAIL IS FORMALLY TERMINATED AND HE ACTUALLY IS APPOINTED TO THE POSITION IN WHICH HE HAS SERVED UNDER DETAIL, THAT THE SALARY OF THE POSITION TO WHICH HE HAD BEEN DETAILED MAY BE PAID TO HIM. SEE DECISION OF JUNE 30, 1943, B-35161.

IN A CASE SUCH AS HERE PRESENTED, THERE IS NOT FOR APPLICATION THE GENERAL RULE STATED IN A NUMBER OF DECISIONS OF THIS OFFICE THAT AN ALLOCATION OR REALLOCATION OF A POSITION FOR SALARY PURPOSES IS EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION OR REALLOCATION OF THE POSITION IS RECEIVED IN THE ADMINISTRATIVE OFFICE, FOR THE REASON THAT THE DETAIL OF THE EMPLOYEE MUST BE TERMINATED BY ADMINISTRATIVE ACTION AND THE EMPLOYEE TRANSFERRED OR APPOINTED TO THE NEW POSITION. SEE IN THAT CONNECTION THE LAST PARAGRAPH OF DECISION OF JANUARY 12, 1945, B-46558, 24 COMP. GEN. 518.

THIS CASE IS TO BE DISTINGUISHED FROM THE CASE CONSIDERED IN THE DECISION OF APRIL 17, 1939, 18 COMP. GEN. 794, CITED BY MRS. SECHLER IN HER STATEMENT FORWARDED WITH YOUR LETTER, IN WHICH CASE THE EMPLOYEE WAS NOT ON DETAIL, BUT THERE WAS A GRADUAL DEVELOPMENT OF THE DUTIES OF THE POSITION ALREADY HELD BY THE EMPLOYEE DURING AND AFTER REORGANIZATION.

ACCORDINGLY, THE INCREASE IN COMPENSATION TO MRS. SECHLER FROM GRADE CAF- 5, $2,200 PER ANNUM, TO GRADE CAF-7, $2,600 PER ANNUM, PROPERLY WAS PAID ON AND AFTER JUNE 14, 1944, AND THE VOUCHER FORWARDED WITH YOUR LETTER PROPOSING A RETROACTIVE PAYMENT OF THE INCREASE TO MAY 14, 1944, MAY NOT BE CERTIFIED FOR PAYMENT.