B-92039, MARCH 9, 1950, 29 COMP. GEN. 362

B-92039, MARCH 9, 1950, 29 COMP. GEN. 362

COMPENSATION - WITHIN-GRADE SALARY ADVANCEMENTS - "WHEN ACTUALLY EMPLOYED" EMPLOYEES A "WHEN ACTUALLY EMPLOYED" EMPLOYEE WHO OCCUPIES A PERMANENT POSITION WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND IS PAID ON A PER ANNUM BASIS IS ENTITLED TO THE BENEFITS OF WITHIN-GRADE SALARY ADVANCEMENTS, EVEN THOUGH THE EMPLOYEE'S SALARY RATE IS SHOWN IN THE APPOINTMENT DOCUMENT AS FIXED UPON A PER DIEM BASIS, PROVIDED THE PER DIEM RATE WAS DERIVED FROM AN ANNUAL SALARY RATE UNDER THE CLASSIFICATION ACT.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF STATE, MARCH 9, 1950:

REFERENCE IS MADE TO LETTER OF JANUARY 12, 1950, FROM MR. JOHN E. PEURIFOY, DEPUTY UNDER SECRETARY, REQUESTING A DECISION UPON THE QUESTION OF WHETHER A PERSON OCCUPYING A PERMANENT POSITION, SUBJECT TO THE CLASSIFICATION ACT, 42 STAT. 1488, AND EMPLOYED UPON AN INTERMITTENT BASIS (W.A.E.) IS ENTITLED TO WITHIN-GRADE SALARY ADVANCEMENT AFTER ALL OTHER REQUIREMENTS HAVE BEEN MET, IF SUCH PERSON'S SALARY IS STATED IN THE APPOINTMENT DOCUMENT AT THE CORRECT DAILY RATE DERIVED FROM THE CLASSIFICATION ACT COMPENSATION SCHEDULES.

THE ABOVE QUESTION IS STATED TO HAVE ARISEN IN CONNECTION WITH AN AUDIT EXCEPTION AGAINST THE CERTIFYING OFFICER ON VOUCHER 2-960254, JUNE 1948 ACCOUNT OF PAUL D. BANNING, SYMBOL NO. 3002-1760, COVERING AN INCREASE IN COMPENSATION PAID TO RAOUL DU FAIL, EFFECTIVE APRIL 18, 1948, AS A RESULT OF A WITHIN-GRADE SALARY ADVANCEMENT.

THE RECORD SHOWS THAT THE REFERRED-TO EXCEPTION WAS TAKEN UPON THE GROUND THAT EMPLOYEES PAID ON A PER DIEM BASIS ARE NOT ENTITLED TO WITHIN-GRADE SALARY ADVANCEMENT, AND, THAT SAID EXCEPTION WAS REMOVED UPON RECEIPT OF EVIDENCE OF COLLECTION OF THE AMOUNT THEREOF FROM MR. DU FAIL.

AS INDICATED IN THE ENCLOSURES ACCOMPANYING YOUR LETTER, IT HAS BEEN HELD BY THIS OFFICE THAT ,WHEN ACTUALLY EMPLOYED" EMPLOYEES PAID ON A PER ANNUM BASIS AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THE CLASSIFICATION ACT OF 1923, AS AMENDED, ARE ENTITLED TO BENEFITS OF WITHIN-GRADE SALARY ADVANCEMENT. COMP. GEN. 121, AT PAGE 132. THAT RULE IS STILL CONTROLLING AND IS FOR APPLICATION EVEN THOUGH THE W.A.E. EMPLOYEE'S SALARY RATE IS SHOWN IN HIS APPOINTMENT DOCUMENT AS FIXED UPON A PER DIEM BASIS, ASSUMING, OF COURSE, THAT SUCH PER DIEM RATE HAS BEEN DERIVED FROM AN ANNUAL SALARY RATE UNDER THE CLASSIFICATION ACT. YOUR QUESTION IS ANSWERED ACCORDINGLY.

REFERRING TO THE SPECIFIC CASE OF MR. DU FAIL, IT APPEARS THAT THE EXCEPTION TAKEN TO THE PAYMENT OF COMPENSATION ACCRUING BECAUSE OF A WITHIN-GRADE SALARY ADVANCEMENT WAS IMPROPER, SINCE IT IS REPORTED THAT THE EMPLOYEE OCCUPIED A PERMANENT POSITION UNDER THE CLASSIFICATION ACT AND THAT HIS PER DIEM COMPENSATION WAS DERIVED FROM A PER ANNUM SALARY RATE. IN VIEW THEREOF, THE AMOUNT COLLECTED FROM THE EMPLOYEE BASED UPON SAID EXCEPTION SHOULD BE REFUNDED TO HIM IF HE STILL IS ON THE ROLLS OF THE DEPARTMENT--- CITING THIS LETTER AS AUTHORITY THEREFOR. IF HE NO LONGER IS ON THE ROLLS OF YOUR DEPARTMENT, CLAIM FOR REFUND OF THE AMOUNT COLLECTED WOULD BE FOR SETTLEMENT BY THIS OFFICE. 31 U.S.C. 71.