B-122733, MARCH 1, 1955, 34 COMP. GEN. 408

B-122733, MARCH 1, 1955, 34 COMP. GEN. 408

COMPENSATION - LONGEVITY STEP INCREASE - SERVICE IN MAXIMUM STEP OF GRADE - INTERRUPTED FEDERAL SERVICE UNDER CIVIL SERVICE REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO. 9721, A LEAVE OF ABSENCE OF NOT MORE THAN THREE YEARS DURING WHICH AN EMPLOYEE SERVED WITH AN INTERNATIONAL ORGANIZATION DOES NOT CONSTITUTE A BREAK IN SERVICE SO THAT AN EMPLOYEE WHOSE CREDITABLE SERVICE AT THE MAXIMUM SALARY STEP OF GRADE GS-13 BEFORE AND AFTER EMPLOYMENT FOR TWENTY MONTHS WITH THE FOOD AND AGRICULTURAL ORGANIZATION OF THE UNITED NATIONS TOTALED MORE THAN THREE YEARS PRIOR TO SEPTEMBER 12, 1954, THE EFFECTIVE DATE OF THE ACT OF SEPTEMBER 1, 1954, IS ENTITLED TO THE LONGEVITY INCREASE PROVIDED IN SECTION 103 OF SAID ACT.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO G. L. CONROY, DEPARTMENT OF AGRICULTURE, MARCH 1, 1955:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1955 ( A DISBURSEMENT VOUCHERS ( PAYROLLS) (, TRANSMITTING A PAYROLL VOUCHER IN FAVOR OF EARL D. SANDVIG, COVERING A PROPOSED PAYMENT OF LONGEVITY STEP INCREASE IN GS-13 FOR THE PERIOD SEPTEMBER 12, 1954, TO DECEMBER 4, 1954, AND REQUESTING A DECISION WHETHER YOU MAY CERTIFY THE VOUCHER FOR PAYMENT.

THE FACTS RELATED IN YOUR LETTER ARE THESE:

MR. SANDVIG HAS BEEN EMPLOYED IN GRADE GS-13 (INCLUDING THE PERIOD SERVED IN OLD GRADE P-6) CONTINUOUSLY SINCE JANUARY 1, 1938, AND HAS BEEN IN RECEIPT OF THE TOP SALARY OF THAT GRADE SINCE OCTOBER 30, 1949. HIS SERVICES IN THAT GRADE AND SALARY WERE INTERRUPTED FROM JUNE 14, 1952, TO FEBRUARY 10, 1954, BY HIS EMPLOYMENT DURING THAT PERIOD WITH THE FOOD AND AGRICULTURAL ORGANIZATION OF THE UNITED NATIONS IN CHILE, TO WHICH ORGANIZATION HE WAS TRANSFERRED PURSUANT TO EXECUTIVE ORDER NO. 9721, WITH REEMPLOYMENT RIGHTS.

SECTION 103 OF PUBLIC LAW 763, APPROVED SEPTEMBER 1, 1954, 68 STAT. 1105, PROVIDES---

SEC. 103. (A) SECTION 704 OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, IS AMENDED TO READ AS FOLLOWS:

"SEC. 704. IN THE CASE OF OFFICERS AND EMPLOYEES IN GRADES 11 TO 15, INCLUSIVE, OF THE GENERAL SCHEDULE WHO ARE RECEIVING COMPENSATION AT OR ABOVE THE MAXIMUM SCHEDULED RATES FOR THEIR RESPECTIVE GRADES ON THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS AMENDATORY SECTION, NOT TO EXCEED THREE YEARS OF SERVICE PERFORMED IMMEDIATELY PRECEDING SUCH EFFECTIVE DATE SHALL BE COUNTED TOWARD LONGEVITY STEP INCREASES UNDER SECTION 703. NOTWITHSTANDING SUBSECTION (B) (4) OF SECTION 703, LONGEVITY STEP-INCREASES FOR GRADE 15 OF THE GENERAL SCHEDULE SHALL BE $200.'

(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL BECOME EFFECTIVE AT THE BEGINNING OF THE FIRST PAY PERIOD FOLLOWING THE DATE OF ENACTMENT OF THIS ACT. ( ITALICS SUPPLIED.)

THE FIRST PAY PERIOD AFTER SEPTEMBER 1, 1954, IS PRESUMED, FOR THE PURPOSE OF THIS CASE, TO HAVE BEGUN SEPTEMBER 12, 1954.

CIVIL SERVICE REGULATION 25.52 (D) Z1-316.01 PROVIDES---

(D) LONGEVITY PERIOD IS THREE YEARS OF THE AGGREGATE PERIOD, OF CONTINUOUS SERVICE IN A CLASSIFICATION ACT POSITION: (1) AT THE MAXIMUM SCHEDULED RATE OF THE EMPLOYEE'S GRADE; OR (2) AT A LONGEVITY RATE OF THE EMPLOYEE'S GRADE; OR (3) AT A RATE IN EXCESS OF SUCH MAXIMUM SCHEDULED RATE IN ACCORDANCE WITH A PROVISION OF LAW; OR (4) AT ANY OF THE RATES SPECIFIED IN (1), (2), OR (3) OF THIS PARAGRAPH, IN A GRADE HIGHER THAN HIS CURRENT GRADE. INTERVENING MILITARY SERVICE INTERRUPTING CONTINUOUS SERVICE AT ONE OF THE ABOVE RATES IS CREDITABLE FOR LONGEVITY STEP INCREASES. A CHANGE OF GRADE OR RATE OF BASIC COMPENSATION PRESCRIBED BY ANY LAW OF GENERAL APPLICATION DOES NOT BEGIN A NEW LONGEVITY PERIOD. * * * A NEW LONGEVITY PERIOD BEINGS WHEN A LONGEVITY STEP INCREASE IS EFFECTED, OR AFTER A BREAK IN SERVICE IN EXCESS OF FOUR WORKWEEKS. THE LONGEVITY PERIOD SHALL BE EXTENDED FOR A SUFFICIENT AMOUNT OF PAID SERVICE TO MAKE UP UNPAID ABSENCES IN EXCESS OF A TOTAL OF SIX WORKWEEKS DURING SUCH PERIOD. ( ITALICS SUPPLIED.)

WITH RESPECT TO REEMPLOYMENT RIGHTS OF EMPLOYEES TRANSFERRED UNDER EXECUTIVE ORDER NO. 9721, CIVIL SERVICE REGULATION 26 (D) Z1-332.01 PROVIDES---

(D) UPON REEMPLOYMENT UNDER EXECUTIVE ORDER 9721, AN EMPLOYEE SHALL BE CONSIDERED AS HAVING BEEN ON LEAVE OF ABSENCE FOR A PERIOD NOT TO EXCEED 3 YEARS FROM THE DATE OF TRANSFER AND WHILE EMPLOYED BY THE SAID INTERNATIONAL ORGANIZATION. HE SHALL BE GIVEN THE SENIORITY AND, TO THE EXTENT CONSISTENT WITH LAW THE PAY TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE REMAINED CONTINUOUSLY WITH THE AGENCY IN HIS FORMER POSITION. SHALL BE CONSIDERED AS HAVING COMPETITIVE STATUS AND TENURE AND SHALL BE GIVEN FULL CREDIT FOR COMPLETION OF PROBATION FOR SERVICE IN THE INTERNATIONAL ORGANIZATION SINCE ACQUISITION OF STATUS. ANY SICK LEAVE TO HIS CREDIT AT THE TIME OF HIS SEPARATION FOR TRANSFER SHALL BE RECREDITED TO HIM. ( ITALICS SUPPLIED.)

AT THE TIME OF THE EMPLOYEE'S TRANSFER TO THE INTERNATIONAL ORGANIZATION ON JUNE 14, 1952, HE HAD SERVED CONTINUOUSLY AT THE TOP OF HIS GRADE FOR 2 YEARS, 7 MONTHS, AND 14 DAYS. FROM THE DATE OF HIS REEMPLOYMENT ON FEBRUARY 10, 1954, TO THE EFFECTIVE DATE OF PUBLIC LAW 763, NAMELY, SEPTEMBER 12, 1954, HE HAD SERVED AT THE TOP OF HIS GRADE AN ADDITIONAL PERIOD OF 7 MONTHS AND 2 DAYS.

UNDER CIVIL SERVICE REGULATION 25.52 (D), Z1-316.01, QUOTED ABOVE, NOT MORE THAN SIX WORKWEEKS OF THE LEAVE OF ABSENCE WHILE EMPLOYED WITH THE UNITED NATIONS ORGANIZATION MAY BE COUNTED TOWARD THE THREE-YEAR PERIOD OF SERVICE, BUT SUCH ABSENCE UNDER THE ABOVE-QUOTED EXECUTIVE ORDER, WOULD NOT CONSTITUTE A BREAK IN THE REQUIRED CONTINUITY OF SERVICE FOR THE THREE -YEAR PERIOD. ACCORDINGLY, AS MR. SANDVIG, BOTH BEFORE AND AFTER THE LEAVE OF ABSENCE, ACTUALLY HAD CREDITABLE SERVICE AT THE MAXIMUM SALARY- STEP OF GS-13 TOTALING IN EXCESS OF THREE YEARS PRIOR TO SEPTEMBER 12, 1954, THE EFFECTIVE DATE OF PUBLIC LAW 763, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.