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B-104080, NOV. 18, 1957

B-104080 Nov 18, 1957
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TO PROVIDE FOR THE SAVING OF AN EMPLOYEE'S SALARY RATE WHEN HIS POSITION IS DOWNGRADED BY A RECLASSIFICATION ACTION. THE ABOVE REFERRED-TO ACT PROVIDES GENERALLY THAT AN EMPLOYEE WHOSE POSITION IS DOWNGRADED BY RECLASSIFICATION SHALL BE ENTITLED TO RETAIN THE SALARY RATE TO WHICH HE WAS ENTITLED IMMEDIATELY PRIOR TO SUCH RECLASSIFICATION UNTIL "/I) HE LEAVES SUCH POSITION OR (II) HE IS ENTITLED TO RECEIVE BASIC COMPENSATION AT A HIGHER RATE BY REASON OF OPERATION OF THIS ACT.'. YOUR QUESTIONS ARE CONCERNED WITH DETERMINING WHEN AN EMPLOYEE. - IS TO BE REGARDED AS HAVING LEFT HIS POSITION SO AS NO LONGER TO BE ENTITLED TO RETAIN HIS PREVIOUS SALARY RATE. YOU MENTION SEVERAL SITUATIONS WHERE THE DUTIES OF THE POSITION HELD BY AN EMPLOYEE ARE PARTIALLY CHANGED.

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B-104080, NOV. 18, 1957

TO HONORABLE CHRISTOPHER H. PHILLIPS, ACTING CHAIRMAN, U.S. CIVIL SERVICE COMMISSION:

YOUR LETTER OF OCTOBER 29, 1957, REQUESTS OUR DECISION ON CERTAIN QUESTIONS ARISING UNDER THE ACT OF JUNE 18, 1956, WHICH AMENDED THE CLASSIFICATION ACT OF 1949, AS AMENDED, TO PROVIDE FOR THE SAVING OF AN EMPLOYEE'S SALARY RATE WHEN HIS POSITION IS DOWNGRADED BY A RECLASSIFICATION ACTION.

THE ABOVE REFERRED-TO ACT PROVIDES GENERALLY THAT AN EMPLOYEE WHOSE POSITION IS DOWNGRADED BY RECLASSIFICATION SHALL BE ENTITLED TO RETAIN THE SALARY RATE TO WHICH HE WAS ENTITLED IMMEDIATELY PRIOR TO SUCH RECLASSIFICATION UNTIL "/I) HE LEAVES SUCH POSITION OR (II) HE IS ENTITLED TO RECEIVE BASIC COMPENSATION AT A HIGHER RATE BY REASON OF OPERATION OF THIS ACT.'

YOUR QUESTIONS ARE CONCERNED WITH DETERMINING WHEN AN EMPLOYEE--- ONCE HE HAS RECEIVED THE BENEFIT OF THE SALARY RATE RETENTION--- IS TO BE REGARDED AS HAVING LEFT HIS POSITION SO AS NO LONGER TO BE ENTITLED TO RETAIN HIS PREVIOUS SALARY RATE. YOU MENTION SEVERAL SITUATIONS WHERE THE DUTIES OF THE POSITION HELD BY AN EMPLOYEE ARE PARTIALLY CHANGED, WHICH MAY OR MAY NOT INVOLVE A CHANGE IN THE OCCUPATIONAL SERIES OF THE POSITION.

IN OUR DECISION OF JULY 11, 1956, TO THE FORMER CHAIRMAN OF THE COMMISSION WE SUGGESTED A DEFINITION OF THE TERM "RECLASSIFICATION" AS USED IN THE ACT OF JUNE 18, 1956. THAT SUGGESTED DEFINITION WAS ADOPTED BY THE COMMISSION AS A PART OF ITS REGULATIONS. THAT DEFINITION, WITH SUBSEQUENT ADDITIONS NOT HERE MATERIAL, IS AS FOLLOWS:

" "RECLASSIFICATION" MEANS ANY CLASSIFICATION ACTION LOWERING THE GRADE OF THE EMPLOYEE'S POSITION DURING HIS INCUMBENCY OF SUCH POSITION WITHOUT A MATERIAL CHANGE IN THE DUTIES OR RESPONSIBILITIES.'

IN DISCUSSING THE ABOVE DEFINITION WE SAID "WHEN THERE HAS BEEN A MATERIAL CHANGE IN THE DUTIES AND RESPONSIBILITIES OF THE WORK PERFORMED BY THE OFFICER OR EMPLOYEE AT THE TIME OF THE RECLASSIFICATION WE CANNOT HELP BUT FEEL THAT THE OFFICER OR EMPLOYEE IS NOT HOLDING THE SAME ,POSITION"--- AS THAT TERM IS DEFINED IN THE CLASSIFICATION ACT OF 1949 *

OUR VIEW IS THAT THE SAME CONSIDERATION IS REQUIRED TO DETERMINE WHEN AN EMPLOYEE "HAS LEFT HIS POSITION" AS IS REQUIRED TO DETERMINE WHEN AN EMPLOYEE IS ENTITLED TO THE SALARY RETENTION IN THE FIRST INSTANCE, NAMELY, WHETHER A MATERIAL CHANGE IN DUTIES OF THE POSITION HAS OCCURRED. AS INDICATED IN YOUR LETTER SUCH A DETERMINATION WOULD BE MADE FINALLY BY THE COMMISSION. HOWEVER, WE FEEL THAT IT IS NOT NECESSARY TO FURTHER DETERMINE WHEN THE MATERIAL CHANGE OCCURRED, THE NOTICE OF CHANGE IN GRADE OR REASSIGNMENT BECAUSE OF A MATERIAL CHANGE IN THE DUTIES OF THE EMPLOYEE'S POSITION BEING SUFFICIENT FOR THE PURPOSE OF DENYING THE FURTHER RETENTION OF THE SALARY SAVINGS AT THAT TIME. ALSO, WE SHOULD LIKE TO MENTION THAT A CHANGE IN SERIES WOULD NOT PER SE SEEM TO CONSTITUTE A MATERIAL CHANGE IN THE DUTIES OF A POSITION.

IN THE LIGHT OF THE ABOVE COMMENTS NO SPECIFIC ANSWERS TO THE QUESTIONS PRESENTED APPEAR NECESSARY.

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