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B-166057, FEB. 4, 1969

B-166057 Feb 04, 1969
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SECRETARY: TRANSMITTED HEREWITH ARE COPIES OF LETTER DATED NOVEMBER 25. TAYLOR WAS REDUCED IN GRADE FROM GS-7 TO GS-6 AS A RESULT OF THE RECLASSIFICATION OF HIS POSITION BY HIS ADMINISTRATIVE OFFICE PURSUANT TO SECTION 502 (A) OF THE CLASSIFICATION ACT OF 1949. TAYLOR WAS RESTORED TO GRADE GS-7. DURING THE PERIOD THAT THE INSTALLATION'S RECLASSIFICATION ACTION WAS IN EFFECT (JUNE 21. TAYLOR RECEIVED $125.88 IN EXCESS OF WHAT HE WOULD HAVE BEEN PAID HAD HE REMAINED IN GRADE GS-7. IT IS UNNECESSARY TO INVOKE THE PROVISIONS OF THAT ACT IN MR. TAYLOR'S POSITION WAS ADMINISTRATIVELY RECLASSIFIED PURSUANT TO THE PROVISIONS OF 5 U.S.C. 1102 (A). TAYLOR AS A RESULT OF THE RECLASSIFICATION OF HIS POSITION TO GRADE GS 6 WAS PROPER UNTIL SUCH CLASSIFICATION WAS CHANGED BY THE CIVIL SERVICE COMMISSION.

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B-166057, FEB. 4, 1969

TO MR. SECRETARY:

TRANSMITTED HEREWITH ARE COPIES OF LETTER DATED NOVEMBER 25, 1968, AND RELATED DOCUMENTS CONCERNING THE INDEBTEDNESS OF MR. GUY TAYLOR, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, HEADQUARTERS, UNITED STATES ARMY GARRISON (INACTIVE), INDIANTOWN GAP MILITARY RESERVATION.

THE ENCLOSED DOCUMENTS DISCLOSE THAT EFFECTIVE JUNE 21, 1959, MR. TAYLOR WAS REDUCED IN GRADE FROM GS-7 TO GS-6 AS A RESULT OF THE RECLASSIFICATION OF HIS POSITION BY HIS ADMINISTRATIVE OFFICE PURSUANT TO SECTION 502 (A) OF THE CLASSIFICATION ACT OF 1949, 5 U.S.C. 1102 (A) (NOW 5 U.S.C. 5107). IN CONNECTION WITH THE EMPLOYEE'S CHANGE IN GRADE THE ADMINISTRATIVE OFFICE APPLIED THE HIGHEST PREVIOUS RATE RULE (5 CFR 531.203 (C) ( AND ESTABLISHED MR. TAYLOR'S SALARY AT STEP F OF GRADE GS-6 - $5,240 PER ANNUM. THE EMPLOYEE'S PREVIOUS SALARY RATE HAD BEEN $5,130 PER ANNUM - STEP B OF GRADE GS-7.

MR. TAYLOR APPEALED THE RECLASSIFICATION ACTION TO THE UNITED STATES CIVIL SERVICE COMMISSION WHICH BY DECISION DATED MARCH 4, 1960 (COPY ENCLOSED), REVERSED THE ACTION OF THE ADMINISTRATIVE OFFICE AND ORDERED MR. TAYLOR'S RESTORATION TO GRADE GS-7. BY PERSONNEL ACTION DATED AUGUST 2, 1960, MR. TAYLOR WAS RESTORED TO GRADE GS-7, STEP B, $5,130 PER ANNUM, EFFECTIVE RETROACTIVELY TO JUNE 21, 1959.

DURING THE PERIOD THAT THE INSTALLATION'S RECLASSIFICATION ACTION WAS IN EFFECT (JUNE 21, 1959, TO JULY 23, 1960) MR. TAYLOR RECEIVED $125.88 IN EXCESS OF WHAT HE WOULD HAVE BEEN PAID HAD HE REMAINED IN GRADE GS-7, STEP B. THIS, OF COURSE, RESULTED FROM THE INSTALLATION'S APPLICATION OF THE HIGHEST PREVIOUS RATE RULE WHEN ESTABLISHING MR. TAYLOR'S RATE OF PAY IN GRADE GS-6. EVIDENTLY THE INSTALLATION REGARDED SUCH ADDITIONAL AMOUNT AS AN OVERPAYMENT OF SALARY, FOLLOWING MR. TAYLOR'S RESTORATION TO GRADE GS- 7, AND DEDUCTED SUCH AMOUNT FROM THE EMPLOYEE'S PAY FOR THE PAY PERIOD ENDING AUGUST 6, 1960. SEEENCLOSED COPY OF "PAY ROLL CHANGE SLIP" DATED AUGUST 6, 1960, AND COMPUTATION SHEET ATTACHED THERETO.

IN HIS LETTER OF NOVEMBER 25, 1968, MR. TAYLOR REQUESTS WAIVER OF THE OVERPAYMENT DISCUSSED ABOVE UNDER THE PROVISIONS OF PUBLIC LAW 90 616, APPROVED OCTOBER 21, 1968, 82 STAT. 1212. HOWEVER, IT IS UNNECESSARY TO INVOKE THE PROVISIONS OF THAT ACT IN MR. TAYLOR'S CASE.

AS STATED ABOVE, MR. TAYLOR'S POSITION WAS ADMINISTRATIVELY RECLASSIFIED PURSUANT TO THE PROVISIONS OF 5 U.S.C. 1102 (A), AS FOLLOWS:

"EXCEPT AS OTHERWISE PROVIDED IN THIS SUBCHAPTER, EACH DEPARTMENT SHALL PLACE EACH POSITION UNDER ITS JURISDICTION AND TO WHICH THIS CHAPTER APPLIES IN ITS APPROPRIATE CLASS AND GRADE IN CONFORMANCE WITH STANDARDS PUBLISHED BY THE COMMISSION OR, IF NO PUBLISHED STANDARDS DIRECTLY APPLY,CONSISTENTLY WITH PUBLISHED STANDARDS. A DEPARTMENT MAY, WHENEVER THE FACTS WARRANT, CHANGE ANY POSITION WHICH IT HAS PLACED IN A CLASS OR GRADE UNDER THIS SUBSECTION FROM SUCH CLASS OR GRADE TO ANOTHER CLASS OR GRADE. SUCH ACTIONS OF THE DEPARTMENTS SHALL BE THE BASIS FOR THE PAYMENT OF COMPENSATION AND FOR PERSONNEL TRANSACTIONS UNTIL CHANGED BY CERTIFICATE OF THE COMMISSION.'

UNDER THE EXPRESS TERMS OF THAT STATUTE THE SALARY PAID TO MR. TAYLOR AS A RESULT OF THE RECLASSIFICATION OF HIS POSITION TO GRADE GS 6 WAS PROPER UNTIL SUCH CLASSIFICATION WAS CHANGED BY THE CIVIL SERVICE COMMISSION. CONSEQUENTLY, MR. TAYLOR WAS ENTITLED TO RETAIN THE ADDITIONAL AMOUNT HE WAS PAID AT THE RATE OF GS-6, STEP F, DURING THE PERIOD JUNE 21, 1959, TO JULY 23, 1960. THEREFORE, APPROPRIATE ACTION SHOULD BE TAKEN BY YOUR DEPARTMENT TO REFUND TO MR. TAYLOR THE AMOUNT WHICH IMPROPERLY WAS DEDUCTED FROM HIS PAY IN AUGUST 1960.

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