B-63677, MARCH 10, 1947, 26 COMP. GEN. 664

B-63677: Mar 10, 1947

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AS FOLLOWS: THERE IS RESPECTFULLY SUBMITTED FOR DECISION A QUESTION AS TO THE AMOUNT OF SALARY PAYABLE TO AN EMPLOYEE REINSTATED OR REEMPLOYED UNDER THE CIRCUMSTANCES RECITED BELOW. THE EMPLOYEE HERE IN QUESTION WAS PREVIOUSLY EMPLOYED BY THE VETERANS ADMINISTRATION IN A POSITION OF LOWER GRADE. WHICH IS THE MAXIMUM RATE OF SALARY FOR THAT GRADE. THE RULE GOVERNING AS TO SALARY RATES PAYABLE IN CASES OF THIS KIND IN GENERAL WAS AMPLIFIED AND RESTATED IN YOUR DECISION B-61181 DATED NOVEMBER 27. 1946 AS FOLLOWS: "WHEN AN EMPLOYEE IS TRANSFERRED. OR SEPARATED IT IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO PAY. OR REEMPLOYED THE MINIMUM SALARY RATE OF THE GRADE OR POSITION OR SUCH HIGHER RATE WITHIN THE GRADE AS WILL NOT EXCEED THE HIGHEST SALARY PREVIOUSLY ATTAINED BY HIM IN ANY PRIOR GOVERNMENT POSITION.'.

B-63677, MARCH 10, 1947, 26 COMP. GEN. 664

COMPENSATION - INITIAL SALARY RATE - REEMPLOYMENT - USE OF PRIOR SALARY RATE IN LEGISLATIVE BRANCH UPON REEMPLOYMENT IN A POSITION UNDER THE CLASSIFICATION ACT IN THE EXECUTIVE BRANCH OF THE GOVERNMENT, THE SALARY RATE RECEIVED BY AN EMPLOYEE IN A PRIOR POSITION IN THE LEGISLATIVE BRANCH MAY NOT BE USED AS A BASIS FOR FIXING HIS INITIAL SALARY ABOVE THE MINIMUM OF THE GRADE, UNDER THE RULE IN DECISION OF NOVEMBER 27, 1946, 26 COMP. GEN. 368, AS AMPLIFIED, WITH RESPECT TO THE FIXING OF INITIAL SALARY RATES OF EMPLOYEES, UPON TRANSFER, PROMOTION, REEMPLOYMENT, ETC., IN CLASSIFIED POSITIONS, ON THE BASIS OF THE HIGHEST SALARY ATTAINED IN A PRIOR GOVERNMENT POSITION.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, MARCH 10, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 11, 1947, AS FOLLOWS:

THERE IS RESPECTFULLY SUBMITTED FOR DECISION A QUESTION AS TO THE AMOUNT OF SALARY PAYABLE TO AN EMPLOYEE REINSTATED OR REEMPLOYED UNDER THE CIRCUMSTANCES RECITED BELOW.

THE EMPLOYEE HERE IN QUESTION WAS PREVIOUSLY EMPLOYED BY THE VETERANS ADMINISTRATION IN A POSITION OF LOWER GRADE, BUT MORE RECENTLY HAD BEEN EMPLOYED ON THE STAFF OF A UNITED STATES SENATOR AT A SALARY OF $7,000 PER ANNUM. THIS EMPLOYEE HAS NOW BEEN REEMPLOYED BY THE VETERANS ADMINISTRATION IN GRADE CAF-11 EFFECTIVE AS OF JANUARY 15, 1947 AT A SALARY OF $5,905.20 PER ANNUM, WHICH IS THE MAXIMUM RATE OF SALARY FOR THAT GRADE.

THE RULE GOVERNING AS TO SALARY RATES PAYABLE IN CASES OF THIS KIND IN GENERAL WAS AMPLIFIED AND RESTATED IN YOUR DECISION B-61181 DATED NOVEMBER 27, 1946 AS FOLLOWS:

"WHEN AN EMPLOYEE IS TRANSFERRED, PROMOTED, DEMOTED, OR SEPARATED IT IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO PAY--- WITHIN AVAILABLE APPROPRIATIONS--- SUCH EMPLOYEE IN ANY CLASSIFIED POSITION TO WHICH TRANSFERRED, PROMOTED, DEMOTED, REINSTATED, OR REEMPLOYED THE MINIMUM SALARY RATE OF THE GRADE OR POSITION OR SUCH HIGHER RATE WITHIN THE GRADE AS WILL NOT EXCEED THE HIGHEST SALARY PREVIOUSLY ATTAINED BY HIM IN ANY PRIOR GOVERNMENT POSITION.'

WHILE IT APPEARS THAT THE FOREGOING RULE COVERS THE CASE HERE IN QUESTION, THERE MAY BE A QUESTION AS TO WHETHER THE POSITION HELD BY THIS EMPLOYEE ON THE STAFF OF THE UNITED STATES SENATOR WAS A "1GOVERNMENT POSITION" WITHIN THE MEANING OF THAT TERM AS USED IN THE ABOVE-QUOTED DECISION.

WITH RESPECT TO THAT PORTION OF THE DECISION OF NOVEMBER 27, 1946, B 61181, 26 COMP. GEN. 368, QUOTED IN YOUR LETTER, SUPRA, IT WAS STATED IN DECISION OF FEBRUARY 18, 1947, B-63219, 26 COMP. GEN. 601, TO THE CIVIL SERVICE COMMISSION, THAT:

* * * IN THE STATING OF THE RULE COVERED BY THE DECISION OF NOVEMBER 27, 1946, SUPRA, THERE WAS NO INTENTION THAT THE PHRASE "IN ANY PRIOR GOVERNMENT POSITION" BE APPLIED ONLY TO PERMANENT POSITIONS, BUT IT WAS INTENDED TO APPLY PRIMARILY TO POSITIONS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT. * * * ( ITALICS SUPPLIED.)

IN THE LIGHT OF THE FOREGOING, IT WILL BE SEEN THAT THE SALARY RATE PREVIOUSLY RECEIVED BY THE EMPLOYEE MENTIONED IN YOUR LETTER WHILE SERVING IN THE LEGISLATIVE BRANCH OF THE GOVERNMENT IS NOT FOR CONSIDERATION IN FIXING HIS INITIAL SALARY RATE UPON REEMPLOYMENT IN THE EXECUTIVE BRANCH OF THE GOVERNMENT. RATHER, UNDER THE RULE STATED IN THE SAID DECISION OF NOVEMBER 27, 1946, AS AMPLIFIED BY THE DECISION OF FEBRUARY 18, 1947, THE EMPLOYEE INVOLVED, UPON REEMPLOYMENT IN THE VETERANS' ADMINISTRATION, MAY BE PAID, AT YOUR DISCRETION, EITHER THE MINIMUM SALARY RATE PRESCRIBED FOR CLASSIFICATION ACT GRADE CAF-11, OR ANY OTHER AUTHORIZED RATE IN THAT GRADE NOT TO EXCEED THE HIGHEST SALARY RATE RECEIVED BY HIM DURING ANY PREVIOUS EMPLOYMENT IN THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE DECISION OF JANUARY 28, 1947, B-63142, 26 COMP. GEN. 530.