B-128620, AUG. 1, 1956

B-128620, AUG. 1, 1956

TO MISS MABEL L. LOUIE, AUTHORIZED CERTIFYING OFFICER, AGRICULTURAL MARKETING SERVICE:

YOUR LETTER DATED MAY 21, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE SUPPLEMENTAL PAYROLL VOUCHER THEREWITH TRANSMITTED FOR $4.48 IN FAVOR OF MRS. LILY C. FONG, REPRESENTING THE DIFFERENCE BETWEEN THE TOP SALARY RATE AND THE FIRST LONGEVITY RATE OF GS-3 FOR THE PERIOD JANUARY 16, TO FEBRUARY 6, 1955.

YOUR LETTER STATES THAT THE EMPLOYEE COMPLETED HER 10 YEARS' AGGREGATE PERIOD ON SEPTEMBER 30, 1952, AND HER 3 YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM SCHEDULED RATE OF GS-3 OR BETTER, MAY 13, 1953. SHE RESIGNED FROM HER POSITION JUNE 19, 1953. ON NOVEMBER 29, 1954, AFTER A BREAK IN SERVICE OF 1 YEAR, 5 MONTHS, AND 10 DAYS SHE WAS REEMPLOYED BY YOUR AGENCY AT THE MAXIMUM STEP OF GS-3 UNDER TEMPORARY APPOINTMENT. A CONVERSION TO INDEFINITE APPOINTMENT IN LIEU OF REINSTATEMENT WAS EFFECTED JANUARY 16, 1955; ON FEBRUARY 6, 1955, SHE TRANSFERRED TO THE U.S. NAVAL AIR STATION WHERE SHE IS STILL EMPLOYED. PERSONNEL ACTION RETROACTIVELY GRANTING HER A LONGEVITY INCREASE ON JANUARY 16, 1955, WAS PROCESSED BY YOUR AGENCY.

THE EMPLOYEE'S PERSONNEL HISTORY IS SCHEDULED, AS FOLLOWS:

"12-23-41 APPOINTED GS-2, $1440 P/A WAR DEPARTMENT, SAN

(AS LILY C. YEE) FRANCISCO ORDNANCE

DISTRICT

10-1-42 PROMOTION GS-3, $1620 P/A WAR DEPARTMENT, SAN

FRANCISCO ORDNANCE

DISTRICT

9-8-43 PROMOTIONGS-4, $1800 P/A WAR DEPARTMENT, SAN

FRANCISCO ORDNANCE

DISTRICT

7-1-46 TRANSFER GS-4, $2544.48 P/A VETERANS

ADMINISTRATION

5-14-50 PERIODIC STEP GS-4, $3355 P/A VETERANS

INCREASE ADMINISTRATION

6-7-50 NAME CHANGE TO MRS. KILY C. LOW

1-21-52 INDEF.APPT. GS-3, $3430 P/A U.S.DEPT.

(FROM V.A.) AGRICULTURE

PRODUCTION AND

MARKETING

ADMINISTRATION

6-19-53 RESIGNATION GS-3, $3430 P/A U.S.DEPT.

AGRICULTURE

AGRICULTURAL

MARKETING SERVICE

11-29-54 TEMP.APPT. GS-3, $3430 P/A U.S.DEPT.

(NTE 2-28-55) AGRICULTURE

AS LILY C. FONG AGRICULTURAL

MARKETING SERVICE

1-16-55 CONV. TO INDEF. GS-3, $3430 P/A U.S.DEPT OF

APPT. AGRICULTURE

AGRICULTURAL

MARKETING SERVICE

2-7-55 TRANSFER GS-3, $3430 P/A U.S. NAVY, 12ND

STAFF HEADQUARTERS"

PRIOR TO THE EFFECTIVE DATE OF THE ACT OF SEPTEMBER 1, 1954, THE EMPLOYEE WAS NOT ENTITLED TO A LONGEVITY INCREASE BECAUSE SHE HAD NOT COMPLETED A CONTINUOUS 3-YEAR PERIOD AT THE MAXIMUM SALARY OF HER GRADE "WITHOUT CHANGE OF GRADE OR RATE OF BASIC COMPENSATION.' WHILE THE QUOTED LANGUAGE WAS CHANGED BY THE AMENDMENT OF SEPTEMBER 1, 1954, 68 STAT. 1105, TO PERMIT CREDIT FOR 3 YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM RATE OF THE GRADE WITHOUT "INCREASE IN GRADE OR RATE OF BASIC COMPENSATION" THE EMPLOYEE WAS NOT IN THE SERVICE WHEN SUCH CHANGE BECAME EFFECTIVE, AND WAS NOT REEMPLOYED IN THE SERVICE UNTIL AFTER A BREAK OF OVER 1 YEAR. SECTION 25.52, Z1-316, FEDERAL PERSONNEL MANUAL, PROVIDES "A NEW LONGEVITY PERIOD BEGINS WHEN A LONGEVITY STEP INCREASE IS EFFECTED, OR AFTER A BREAK IN SERVICE IN EXCESS OF 4 WORKWEEKS.'

ACCORDINGLY, AS MRS. FONG'S SERVICE WAS BROKEN BY A PERIOD OF MORE THAN 4 WORKWEEKS SHE FORFEITED ANY CREDIT FOR PRIOR SERVICE TOWARD A LONGEVITY INCREASE AND WAS NOT ENTITLED TO SUCH AN INCREASE AS OF JANUARY 16, 1955.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.