B-143221, MAR. 6, 1963
Highlights
WHEN YOU WERE DEMOTED FROM GRADE GS-7 TO GRADE GS-4 BECAUSE OF YOUR ELECTION NOT TO ACCOMPANY THE PUBLICATIONS DIVISION OF THAT BUREAU. IN WHICH YOU WERE EMPLOYED. YOU WERE PROMOTED FROM A POSITION AS PRINTING AND PUBLICATIONS CLERK. WHEN YOU WERE DEMOTED TO A CLERK-TYPIST POSITION. YOUR CLAIM FOR SAVED PAY PREVIOUSLY WAS CONSIDERED BY OUR OFFICE UNDER PUB.L. 594. 72 STAT. 830 AND IT WAS EXPLAINED TO YOU IN OUR SETTLEMENT OF MAY 25. THAT THERE WAS NO BASIS THEN FOR THE APPROVAL OF YOUR CLAIM. PARAGRAPH 4 OF SUBSECTION A WAS AMENDED TO PERMIT SALARY RETENTION IN SOME CASES NOT PERMITTED PRIOR TO PUB.L. 87-793. THESE AMENDMENTS WERE LIMITED TO SUBSECTION A. SINCE YOUR CLAIM WAS DISALLOWED UNDER SUBSECTION B OF SECTION 507 AND THERE HAS BEEN NO CHANGE BY THE FEDERAL SALARY REFORM ACT OF 1962 IN THAT SUBSECTION.
B-143221, MAR. 6, 1963
TO MISS IRMA M. BEAUREGARD:
THIS REFERS TO YOUR LETTER OF FEBRUARY 11, 1963, WHICH IN EFFECT REQUESTS REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL COMPENSATION AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, BUREAU OF AERONAUTICS, WASHINGTON, D.C., FROM AUGUST 15, 1954, WHEN YOU WERE DEMOTED FROM GRADE GS-7 TO GRADE GS-4 BECAUSE OF YOUR ELECTION NOT TO ACCOMPANY THE PUBLICATIONS DIVISION OF THAT BUREAU, IN WHICH YOU WERE EMPLOYED, IN ITS MOVE FROM WASHINGTON TO PHILADELPHIA, PENNSYLVANIA.
THE RECORD SHOWS THAT EFFECTIVE AUGUST 16, 1953, YOU WERE PROMOTED FROM A POSITION AS PRINTING AND PUBLICATIONS CLERK, GRADE GS-5, TO PRINTING AND PUBLICATIONS ASSISTANT, GRADE GS-7. YOU RETAINED THAT POSITION UNTIL AUGUST 15, 1954, WHEN YOU WERE DEMOTED TO A CLERK-TYPIST POSITION, GRADE GS-4, IN VIEW OF YOUR DECISION NOT TO TRANSFER TO PHILADELPHIA, PENNSYLVANIA.
YOUR CLAIM FOR SAVED PAY PREVIOUSLY WAS CONSIDERED BY OUR OFFICE UNDER PUB.L. 594, AS AMENDED BY PUB.L. 85-737, APPROVED AUGUST 23, 1958, 72 STAT. 830 AND IT WAS EXPLAINED TO YOU IN OUR SETTLEMENT OF MAY 25, 1960, THAT THERE WAS NO BASIS THEN FOR THE APPROVAL OF YOUR CLAIM.
YOU ASK WHETHER SECTION 507 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY THE FEDERAL SALARY REFORM ACT OF 1962, PUB.L. 87-793, 76 STAT. 832, WOULD COVER YOUR CASE, CITING OUR DECISION B-150394, JANUARY 16, 1963.
SECTION 605 OF PUB.L. 87-793, AMENDED PARAGRAPH 1 OF SUBSECTION A OF SECTION 507 OF THE CLASSIFICATION ACT OF 1949, TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE IN ALL GRADES OF THE CLASSIFICATION ACT. PARAGRAPH 4 OF SUBSECTION A WAS AMENDED TO PERMIT SALARY RETENTION IN SOME CASES NOT PERMITTED PRIOR TO PUB.L. 87-793. THESE AMENDMENTS WERE LIMITED TO SUBSECTION A. SINCE YOUR CLAIM WAS DISALLOWED UNDER SUBSECTION B OF SECTION 507 AND THERE HAS BEEN NO CHANGE BY THE FEDERAL SALARY REFORM ACT OF 1962 IN THAT SUBSECTION, WE MUST SUSTAIN THE SETTLEMENT OF MAY 25, 1960.
YOU SAY THAT UNDER OUR RULING IN B-150394 OF JANUARY 16, 1963, AN EMPLOYEE WHO WAS DOWNGRADED ON DECEMBER 4, 1955, WAS GRANTED RETROACTIVE SALARY RETENTION BENEFITS UNDER THE SALARY RETENTION ACT OF 1956, PUB.L. 594. THERE IS NOTHING IN OUR DECISION OF JANUARY 16 AUTHORIZING THE GRANTING OF SAVED PAY RETROACTIVELY TO AN EMPLOYEE WHOSE POSITION WAS DOWNGRADED ON DECEMBER 4, 1955. THAT WAS MERELY ONE OF THE FACTS IN THE QUESTION CONSIDERED. THE EMPLOYEE HAD BEEN GRANTED SALARY RETENTION BENEFITS UNDER SECTION 507 (B) OF THE CLASSIFICATION ACT OF 1949, AS ADDED BY THE ACT OF JUNE 18, 1956, PUB.L. 594. THAT ACT SAVED BASIC COMPENSATION, INCLUDING ANY INCREASES IN SUCH RATE OF BASIC COMPENSATION PROVIDED BY LAW AT ANY TIME WHILE THAT EMPLOYEE CONTINUED IN THE POSITION TO WHICH DEMOTED. THE QUESTION DECIDED CONCERNED THE PROPER APPLICATION OF SECTION 602 (B) OF THE SALARY REFORM ACT TO THE INITIAL PAY ADJUSTMENTS OR INCREASES PROVIDED BY THAT ACT FOR EMPLOYEES ALREADY RECEIVING RETAINED RATES UNDER PUB.L. 594.