B-159182, JUN. 2, 1966

B-159182, JUN. 2, 1966

TO AUTHORIZED CERTIFYING OFFICER, INTERNAL REVENUE SERVICE, U.S. TREASURY DEPARTMENT:

YOUR LETTER OF MAY 10, 1966, REFERENCE AD:FF, WITH ENCLOSURES, ASKS OUR DECISION WHETHER AN ADJUSTMENT VOUCHER FOR $5.60 IN FAVOR OF MR. ROBERT TESTA, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, BASED UPON A STEP INCREASE IN HIS SALARY BEING EFFECTIVE DECEMBER 5, 1965, INSTEAD OF DECEMBER 19, 1965, PROPERLY MAY BE CERTIFIED FOR PAYMENT. ALSO, YOU INQUIRE WHETHER A HEARING MAY BE ARRANGED FOR MR. TESTA.

WE UNDERSTAND FROM YOUR LETTER THAT MR. TESTA, WHO FORMERLY WAS AN EMPLOYEE OF THE POSTAL SERVICE, WAS GIVEN A CAREER-CONDITIONAL APPOINTMENT TO THE INTERNAL REVENUE SERVICE EFFECTIVE MONDAY, DECEMBER 9, 1963, IN STEP 6, GRADE GS-4 AT $4,810 PER ANNUM. THAT RATE IS STATED TO HAVE REPRESENTED AN EQUIVALENT INCREASE OVER THE HIGHEST PREVIOUS RATE RECEIVED BY MR. TESTA IN THE POSTAL SERVICE AND THEREFORE BEGAN A NEW WAITING PERIOD FOR MR. TESTA TOWARD HIS NEXT STEP INCREASE. BY VIRTUE OF THE POSTAL SERVICE AND FEDERAL EMPLOYEES SALARY ACT OF 1962, PUB.L. 87-793, APPROVED OCTOBER 11, 1962, THE WAITING PERIOD FOR A STEP INCREASE FROM STEP 6 TO STEP 7 UNDER THE CLASSIFICATION SCHEDULES BECAME 104 CALENDAR WEEKS, THE INCREASE TO TAKE EFFECT AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF SUCH PERIOD OF SERVICE.

SECTION 604 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, PUB.L. 79-106, EFFECTIVE SUNDAY, JULY 1, 1945, PROVIDES IN PART AS FOLLOWS:

"/A) IT SHALL BE THE DUTY OF THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, AND THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, TO ESTABLISH AS OF THE EFFECTIVE DATE OF THIS ACT, FOR ALL FULL TIME OFFICERS AND EMPLOYEES IN THEIR RESPECTIVE ORGANIZATIONS, IN THE DEPARTMENTAL AND FIELD SERVICES, A BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS, AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS.

"/B) BEGINNING NOT LATER THAN OCTOBER 1, 1945, EACH PAY PERIOD FOR ALL OFFICERS AND EMPLOYEES OF THE ORGANIZATIONS REFERRED TO IN SUBSECTION (A) * * * SHALL COVER TWO ADMINISTRATIVE WORKWEEKS. * * *"

WE UNDERSTAND THAT THE INTERNAL REVENUE SERVICE HAS A PAY PERIOD OF TWO ADMINISTRATIVE WORKWEEKS BEGINNING ON SUNDAY IN CONSONANCE WITH SECTIONS 604 (A) AND (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945.

SINCE MR. TESTA RECEIVED AN EQUIVALENT INCREASE TO STEP 6, GRADE GS 4 ON A MONDAY, DECEMBER 9, 1963, HE DID NOT COMPLETE THE 104 CALENDAR WEEKS OF SERVICE IN THAT STEP UNTIL 12 MIDNIGHT, SUNDAY, DECEMBER 12, 1965. THEREFORE, HIS INCREASE TO STEP 7 COULD NOT GO INTO EFFECT UNTIL THE BEGINNING OF THE PAY PERIOD (SUNDAY, DECEMBER 19, 1965) NEXT FOLLOWING THE COMPLETION OF THE 104 WEEKS OF SERVICE. 25 COMP. GEN. 121 (QUESTION AND ANSWER 14); 34 COMP. GEN. 428. THAT RULE HAS BEEN IN EFFECT SINCE 1945 AND APPLIES EQUALLY TO ALL GRADES UNDER THE CLASSIFICATION ACT.

IT FOLLOWS THAT THE ADJUSTMENT VOUCHER FOR $5.60 BASED ON MR. TESTA'S INCREASE TO STEP 7 BEING EFFECTIVE ON DECEMBER 5, 1965, MAY NOT LAWFULLY BE CERTIFIED FOR PAYMENT.

REGARDING YOUR INQUIRY CONCERNING A HEARING FOR MR. TESTA, THE DECISIONS AND SETTLEMENTS OF THE GENERAL ACCOUNTING OFFICE ARE BASED UPON THE WRITTEN RECORD IN EACH CASE. WHILE WE HAVE NO OBJECTION TO DISCUSSING THE MATTER WITH MR. TESTA IT WOULD NOT SEEM THAT ANY USEFUL PURPOSE WOULD BE SERVED THEREBY.