B-104080, JULY 6, 1951, 31 COMP. GEN. 6
Highlights
CLASSIFICATION - POSITION REALLOCATIONS - SALARY RATES THE CIVIL SERVICE COMMISSION IS AUTHORIZED UNDER THE CLASSIFICATION ACT OF 1949 TO PROMULGATE A REGULATION SAVING TO EMPLOYEES SALARIES ATTACHED TO POSITIONS REALLOCATED DOWNWARD. - WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923. WHICH WERE INITIALLY ALLOCATED TO ANY OF THE GRADES OF THE CLASSIFICATION ACT OF 1949 AND THEREAFTER REDUCED SO LONG AS SUCH EMPLOYEES REMAIN IN THE SAME POSITIONS WHICH THEY OCCUPIED ON THE EFFECTIVE DATE OF TITLE VI OF THE ACT. 951: REFERENCE IS MADE TO YOUR LETTER OF JUNE 14. THE CIVIL SERVICE COMMISSION IS AUTHORIZED TO PROMULGATE A PROPOSED REGULATION. AS FOLLOWS: EMPLOYEES WHO ON THE EFFECTIVE DATE OF TITLE VI OF THE CLASSIFICATION ACT OF 1949 OCCUPIED POSITIONS (1) WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923.
B-104080, JULY 6, 1951, 31 COMP. GEN. 6
CLASSIFICATION - POSITION REALLOCATIONS - SALARY RATES THE CIVIL SERVICE COMMISSION IS AUTHORIZED UNDER THE CLASSIFICATION ACT OF 1949 TO PROMULGATE A REGULATION SAVING TO EMPLOYEES SALARIES ATTACHED TO POSITIONS REALLOCATED DOWNWARD, WHERE THE EMPLOYEES OCCUPIED POSITIONS ON THE EFFECTIVE DATE OF TITLE VI OF THE ACT--- ESTABLISHING BASIC COMPENSATION SCHEDULES--- WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND WHICH WERE INITIALLY ALLOCATED TO ANY OF THE GRADES OF THE CLASSIFICATION ACT OF 1949 AND THEREAFTER REDUCED SO LONG AS SUCH EMPLOYEES REMAIN IN THE SAME POSITIONS WHICH THEY OCCUPIED ON THE EFFECTIVE DATE OF TITLE VI OF THE ACT.
COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, JULY 6, 951:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 14, 1951, REQUESTING A DECISION AS TO WHETHER, UNDER SECTION 802 (A) (7) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 969, THE CIVIL SERVICE COMMISSION IS AUTHORIZED TO PROMULGATE A PROPOSED REGULATION, QUOTED IN YOUR LETTER, AS FOLLOWS:
EMPLOYEES WHO ON THE EFFECTIVE DATE OF TITLE VI OF THE CLASSIFICATION ACT OF 1949 OCCUPIED POSITIONS (1) WHICH IMMEDIATELY PRIOR TO SUCH DATE WERE SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, (2) WHICH WERE INITIALLY ALLOCATED TO ANY OF THE GRADES OF THE CLASSIFICATION ACT OF 1949 IN THE MANNER PRESCRIBED THEREIN, AND (3) WHICH THEREAFTER ARE REDUCED BELOW SUCH GRADE, MAY CONTINUE TO RECEIVE THE SAME RATES OF BASIC COMPENSATION WHICH THEY RECEIVED ON THE EFFECTIVE DATE OF THE ACTION TAKEN TO REDUCE THE GRADE OF SUCH POSITION, SO LONG AS THEY REMAIN IN THE SAME POSITIONS WHICH THEY OCCUPIED ON THE EFFECTIVE DATE OF TITLE VI.
(1) THE RATE OF BASIC COMPENSATION OF A SUBSEQUENT APPOINTEE TO SUCH POSITION SHALL BE FIXED IN ACCORDANCE WITH THE OTHER APPLICABLE PROVISIONS IN THIS SUBPART.
THE STATED PURPOSE OF THE PROPOSED REGULATION IS TO SAVE TO A LARGE GROUP OF EMPLOYEES THE EXISTING SALARIES ATTACHED TO THEIR POSITIONS WHICH ARE TO BE REALLOCATED DOWNWARD.
SECTION 802 (A) (7) OF THE CLASSIFICATION ACT PROVIDES, AMONG OTHER THINGS, THAT THE RATE OF BASIC COMPENSATION TO BE RECEIVED BY ANY OFFICER OR EMPLOYEE TO WHOM THE ACT APPLIES SHALL BE GOVERNED BY REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION IN CONFORMITY WITH THE ACT WHEN HIS POSITION IS CHANGED FROM ONE GRADE TO ANOTHER GRADE. IN VIEW OF SUCH PROVISION, THIS OFFICE WOULD NOT OBJECT TO OTHERWISE PROPER PAYMENTS OF SALARY IN ACCORDANCE WITH THE PROPOSED REGULATION TO EMPLOYEES FALLING WITHIN THE PURVIEW THEREOF.