B-90990, DECEMBER 14, 1949, 29 COMP. GEN. 276

B-90990: Dec 14, 1949

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WHO OTHERWISE WOULD HAVE BEEN ADVANCED TO STEP 5 OF THE GRADE ON OCTOBER 30. IS REQUIRED TO HAVE HIS SALARY CONVERTED TO THE FOURTH STEP OF GRADE GS-11 AND ADVANCED IMMEDIATELY TO THE FIFTH STEP OF SUCH GRADE. 1949: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 29. TO AN EMPLOYEE PREVIOUSLY IN CAF-11 WHO WAS GIVEN AN AUTOMATIC WITHIN-GRADE ADVANCE APRIL 18. YOU SUGGEST THAT IF THE PROVISIONS OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949 ARE APPLICABLE TO THIS CASE. THE EMPLOYEE WOULD HAVE QUALIFIED FOR THE ADVANCEMENT TO THE FIFTH OR TOP STEP IN CAF-11 ON OCTOBER 16. HIS NEXT WAITING PERIOD WOULD HAVE BEGUN ON THAT DATE. FIFTH RATE SHALL HAVE THE FIRST. THAT IS. THE SALARY OF THE EMPLOYEE IN THE FOURTH STEP OF CAF-11 IS REQUIRED TO BE ADJUSTED AT THE BEGINNING OF OCTOBER 30.

B-90990, DECEMBER 14, 1949, 29 COMP. GEN. 276

COMPENSATION - WITHIN-GRADE ADVANCEMENTS - CONVERSIONS TO GS GRADES UNDER SECTION 604 (B) (6) OF THE CLASSIFICATION ACT OF 1949, REQUIRING THE CONVERSION OF EMPLOYEES IN STEPS 4 AND 5 OF GRADE CAF-11 "IMMEDIATELY PRIOR TO THE EFFECTIVE DATE" OF THE SECTION ( OCTOBER 1949) TO STEPS 4 AND 6, RESPECTIVELY, OF GRADE GS-11, AN EMPLOYEE IN STEP 4 OF GRADE CAF-11 WHO HAD COMPLETED 18 MONTHS' SERVICE THEREIN ON OCTOBER 18, 1949, AND WHO OTHERWISE WOULD HAVE BEEN ADVANCED TO STEP 5 OF THE GRADE ON OCTOBER 30, 1949, IS REQUIRED TO HAVE HIS SALARY CONVERTED TO THE FOURTH STEP OF GRADE GS-11 AND ADVANCED IMMEDIATELY TO THE FIFTH STEP OF SUCH GRADE, AND MAY NOT RECEIVE THE SALARY OF STEP 6 UNTIL THE COMPLETION OF 78 WEEKS' SERVICE FROM OCTOBER 30, 1949.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, DECEMBER 14, 1949:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 29, 1949, REQUESTING DECISION WITH RESPECT TO THE APPLICATION OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949, PUBLIC LAW 429, 63 STAT. 967, TO AN EMPLOYEE PREVIOUSLY IN CAF-11 WHO WAS GIVEN AN AUTOMATIC WITHIN-GRADE ADVANCE APRIL 18, 1948, TO $5,984.40, THE FOURTH STEP IN THAT GRADE, AND WHO THUS QUALIFIED FOR AN ADDITIONAL STEP OCTOBER 18, 1949, TO THE FIFTH OR TOP SALARY RATE, EFFECTIVE AT THE BEGINNING OF THE NEXT PAY PERIOD, OR OCTOBER 30, 1949. YOU SUGGEST THAT IF THE PROVISIONS OF SECTION 701 OF THE CLASSIFICATION ACT OF 1949 ARE APPLICABLE TO THIS CASE, THE EMPLOYEE WOULD HAVE QUALIFIED FOR THE ADVANCEMENT TO THE FIFTH OR TOP STEP IN CAF-11 ON OCTOBER 16, 1949, AND HIS NEXT WAITING PERIOD WOULD HAVE BEGUN ON THAT DATE.

SECTION 604, SUBSECTION (B) (6), OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 967, PROVIDES---

(6) EMPLOYEES IN GRADE 4 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE AND GRADE 11 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS TITLE, AT THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH RATE SHALL HAVE THE FIRST, SECOND, THIRD, FOURTH, AND SIXTH RATE, RESPECTIVELY, OF GRADE 11 OF THE GENERAL SCHEDULE.

SECTION 701 OF THAT ACT CHANGES THE PERIODS REQUIRED FOR WITHIN GRADE SALARY ADVANCES FROM 12 MONTHS AND 18 MONTHS TO 52 WEEKS AND 78 WEEKS, RESPECTIVELY. SECTION 1105 (A), 63 STAT. 972, MAKES TITLE VII, WHICH INCLUDES SECTION 701, EFFECTIVE ON THE FIRST DAY OF THE PAY PERIOD WHICH BECOMES EFFECTIVE AFTER THE DATE OF THAT ACT; THAT IS, OCTOBER 30, 1949. AS SAID SECTION 701 DID NOT BECOME EFFECTIVE UNTIL OCTOBER 30, 1949, ITS PROVISIONS COULD NOT BE APPLIED RETROACTIVELY TO SHORTEN THE LAPSE OF TIME REQUIRED FOR A WITHIN-GRADE SALARY ADVANCE PRIOR TO THAT DATE.

PURSUANT TO SECTION 604, SUBSECTION (B) (6), THE SALARY OF THE EMPLOYEE IN THE FOURTH STEP OF CAF-11 IS REQUIRED TO BE ADJUSTED AT THE BEGINNING OF OCTOBER 30, 1949, TO THE FOURTH SALARY RATE OF GS-11, AT WHICH TIME HE BECAME ENTITLED TO THE BENEFITS OF SECTION 701, AND, IN ACCORDANCE WITH SECTION 704, 63 STAT. 969, WOULD BE ENTITLED TO COUNT "SERVICE IMMEDIATELY PRECEDING EFFECTIVE DATE OF THIS TITLE" TOWARD ONE STEP-INCREASE TO BE EFFECTIVE IMMEDIATELY OCTOBER 30, 1949, GIVING HIM A SALARY RATE OF $6,200. THE 78 WEEKS NECESSARY FOR THE NEXT WITHIN GRADE SALARY ADVANCE WOULD BEGIN TO RUN FROM OCTOBER 30, 1949.