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B-129518, OCT. 29, 1956

B-129518 Oct 29, 1956
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THE ACTING SECRETARY REQUESTED OUR DECISION AS TO WHEN THE EMPLOYEE THEREIN DISCUSSED WILL BE. OR WAS. THE FACTS STATED ARE THESE: THE EMPLOYEE HAS WORKED IN THE BUREAU OF CUSTOMS SINCE APRIL 17. WOULD HAVE BEEN ELIGIBLE FOR HER THIRD LONGEVITY INCREASE IN GS-5. SHE WAS PROMOTED TO A NEW GS-5 POSITION AND HER SALARY REMAINED UNCHANGED. EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP- INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED. TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH INCREASE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL PUBLICATION. * * *" AS THE REPROMOTION FROM GS-4 TO GS-5 CONSTITUTES AN "INCREASE IN GRADE" AS THOSE WORDS ARE USED IN THE STATUTE JUST QUOTED NO CREDIT CAN BE ALLOWED TOWARD THE 3-YEAR PERIOD FOR THE TIME SERVED PRIOR TO THE REPROMOTION TO GS-5.

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B-129518, OCT. 29, 1956

TO THE SECRETARY OF THE TREASURY:

ON OCTOBER 12, 1956, THE ACTING SECRETARY REQUESTED OUR DECISION AS TO WHEN THE EMPLOYEE THEREIN DISCUSSED WILL BE, OR WAS, ELIGIBLE FOR THE THIRD LONGEVITY INCREASE. THE FACTS STATED ARE THESE: THE EMPLOYEE HAS WORKED IN THE BUREAU OF CUSTOMS SINCE APRIL 17, 1922, AND WOULD HAVE BEEN ELIGIBLE FOR HER THIRD LONGEVITY INCREASE IN GS-5, NOVEMBER 26, 1955, HAD SHE NOT BEEN DEMOTED TO GS-4 ON SEPTEMBER 3, 1955, AS A RESULT OF A POSITION CLASSIFICATION POST AUDIT BY THE UNITED STATES CIVIL SERVICE COMMISSION. SHE EXPERIENCED NO CUT IN SALARY FOLLOWING HER DEMOTION, THE SALARY HAVING BEEN SAVED TO HER UNDER APPLICABLE REGULATIONS AT THAT TIME. ON OCTOBER 25, 1955, SHE WAS PROMOTED TO A NEW GS-5 POSITION AND HER SALARY REMAINED UNCHANGED.

SECTION 703A OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1105, 5 U.S.C. 1123, PROVIDES:

"/A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, AND AS A REWARD FOR LONG AND FAITHFUL SERVICE, EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP- INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH INCREASE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL PUBLICATION. * * *"

AS THE REPROMOTION FROM GS-4 TO GS-5 CONSTITUTES AN "INCREASE IN GRADE" AS THOSE WORDS ARE USED IN THE STATUTE JUST QUOTED NO CREDIT CAN BE ALLOWED TOWARD THE 3-YEAR PERIOD FOR THE TIME SERVED PRIOR TO THE REPROMOTION TO GS-5, OCTOBER 25, 1955. ACCORDINGLY, THIS EMPLOYEE WILL NOT BE ENTITLED TO A LONGEVITY INCREASE UNTIL SHE HAS SERVED 3 YEARS FROM THAT DATE. COMPARE 35 COMP. GEN. 121.

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