B-108992, APRIL 18, 1952, 31 COMP. GEN. 525

B-108992, APRIL 18, 1952, 31 COMP. GEN. 525

COMPENSATION - LONGEVITY INCREASES UNDER THE CLASSIFICATION ACT OF 1949 UNDER SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949, PROVIDING THAT TO BE ELIGIBLE FOR A LONGEVITY STEP-INCREASE AN EMPLOYEE MUST COMPLETE THREE YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM SCHEDULED RATE OF HIS GRADE OR AT ONE OF THE PRESCRIBED LONGEVITY STEPS, AN EMPLOYEE WHO HAS REACHED THE MAXIMUM STEP IN GRADE GS-3 AND IS TEMPORARILY PROMOTED TO GRADE GS-4, THUS RECEIVING A CHANGE IN GRADE AND RATE, UPON RESTORATION TO GRADE THUS RECEIVING A CHANGE IN GRADE AND RATE, UPON RESTORATION TO GRADE GS-3 WOULD HAVE TO COMPLETE THREE YEARS OF CONTINUOUS SERVICE IN SUCH GRADE FROM THE DATE OF RESTORATION BEFORE BECOMING ELIGIBLE FOR THE FIRST LONGEVITY STEP-INCREASE.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE TREASURY, APRIL 18, 1952:

REFERENCE IS MADE TO THE ACTING SECRETARY'S LETTER OF MARCH 31, 1952, REQUESTING DECISION REGARDING THE RIGHT OF A CERTAIN CLASSIFIED EMPLOYEE TO COUNT TIME SERVED IN A TEMPORARY PROMOTION TO A HIGHER GRADE TOWARD THE PERIOD NECESSARY FOR LONGEVITY INCREASE IN THE LOWER GRADE UNDER THE FOLLOWING STATED FACTS:

IT IS STATED THAT ON FEBRUARY 20, 1949, A FISCAL ACCOUNTING CLERK CAF-3 AT $2,874.48 RECEIVED A PERIODIC STEP INCREASE AND REASSIGNMENT TO MICROPHOTOGRAPHER CAF-3 AT $2,949.72 WHICH AT THAT TIME WAS THE MAXIMUM STEP OF THE GRADE. ON DECEMBER 11, 1949, HE RECEIVED A TEMPORARY PROMOTION TO ORGANIZATION AND METHODS EXAMINER GS-4, $3,275. ON JUNE 11, 1950, HE WAS RESTORED TO HIS REGULAR POSITION AS MICROPHOTOGRAPHER AT THE MAXIMUM STEP IN GRADE GS-3, THE EQUIVALENT OF THE FORMER CAF-3, WHICH HAD BEEN INCREASED THAT TIME BY STATUTE TO $3,130 PER ANNUM.

IN B-96674 OF AUGUST 18, 1950, 30 COMP. GEN. 82, REFERRED TO IN THE ACTING SECRETARY'S LETTER, IT WAS HELD THAT THE TIME SERVED UNDER A TEMPORARY PROMOTION MIGHT BE COUNTED TOWARD THE PERIOD FOR A WITHIN GRADE SALARY ADVANCE, BUT THAT DECISION HAS NO APPLICATION TO THE SITUATION HERE PRESENTED.

SECTION 703 (A) AND (B) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, PROVIDES AS FOLLOWS:

SUBJECT TO SUBSECTION (B), 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 CHANGE OF GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH CHANGE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL APPLICATION.

(1) NO OFFICER OR EMPLOYEE SHALL BE ENTITLED TO A LONGEVITY STEP INCREASE WHILE HOLDING A POSITION IN ANY GRADE ABOVE GRADE 10 OF THE GENERAL SCHEDULE.

(2) NO OFFICER OR EMPLOYEE SHALL RECEIVE A LONGEVITY STEP-INCREASE UNLESS HIS CURRENT EFFICIENCY RATING IS "GOOD" OR BETTER THAN "GOOD," AND HIS SERVICE AND CONDUCT ARE CERTIFIED AS BEING OTHERWISE SATISFACTORY BY THE DEPARTMENT.

(3) NO OFFICER OR EMPLOYEE SHALL RECEIVE MORE THAN ONE LONGEVITY STEP- INCREASE FOR ANY THREE YEARS OF CONTINUOUS SERVICE.

(4) EACH LONGEVITY STEP-INCREASE SHALL BE EQUAL TO ONE STEP INCREASE OF THE GRADE IN WHICH THE POSITION OF THE OFFICER OR EMPLOYEE IS PLACED.

(5) NOT MORE THAN THREE SUCCESSIVE LONGEVITY STEP-INCREASES MAY BE GRANTED TO ANY OFFICER OR EMPLOYEE.

(6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD, IN THE AGGREGATE, NOT LESS THAN TEN YEARS OF SERVICE IN THE POSITION WHICH HE THEN OCCUPIES, OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE. ( ITALICS SUPPLIED.)

AS THE TEMPORARY PROMOTION OF THE EMPLOYEE IN THIS CASE CONSTITUTED A CHANGE IN GRADE AND RATE, IT FOLLOWS THAT THE LONGEVITY PERIOD WHICH IS REQUIRED TO BE CONTINUOUS WITHOUT A CHANGE IN GRADE OR RATE DID NOT BEGIN TO RUN UNTIL JUNE 11, 1950, WHEN HE WAS RESTORED BACK TO GS-3.