B-160859, APR. 20, 1967

B-160859, APR. 20, 1967

TO UNITED STATES CIVIL SERVICE COMMISSION:

WE REFER TO YOUR GENERAL COUNSEL'S LETTER OF MARCH 16, 1967, REFERENCE GC:LEG 1 KR:DN, IN WHICH HE ASKS OUR VIEWS CONCERNING A PROPOSED AMENDMENT TO THE DEFINITION OF THE TERM "PERMANENT POSITION" AS USED IN 5 U.S.C. 5335, PERTAINING TO STEP-INCREASES.

THE DEFINITION OF THE TERM "PERMANENT POSITION" NOW APPEARING IN SECTION 531.402 (E) OF THE REGULATIONS OF THE COMMISSION WOULD BE CHANGED TO READ AS FOLLOWS:

"PERMANENT POSITION MEANS (1) ONE FILLED BY AN EMPLOYEE WHOSE APPOINTMENT DOES NOT HAVE A DEFINITE TIME LIMITATION OF ONE YEAR OR LESS, OR (2) ONE IN WHICH THE EMPLOYEE HAS SERVED CONTINUOUSLY FOR ONE YEAR OR MORE UNDER ONE OR MORE APPOINTMENTS.'

YOU INDICATE THAT CLAUSE (1) OF THE PROPOSED DEFINITION IS DESIGNED TO GRANT TO EMPLOYEES SERVING UNDER TIME LIMITED APPOINTMENTS OF MORE THAN ONE YEAR THE SAME ENTITLEMENT TO WITHIN GRADE STEP-INCREASES AS THOSE NOW AUTHORIZED FOR EMPLOYEES SERVING UNDER INDEFINITE APPOINTMENTS. WE SEE NO OBJECTION TO THE PROPOSED CHANGE. AS INFORMALLY AGREED TO BY MEMBERS OF YOUR STAFF WE SUGGEST THAT THE WORDS "A POSITION" SHOULD BE SUBSTITUTED FOR THE WORD "ONE" IN THE FIRST LINE OF THE DEFINITION.

AS TO CLAUSE (2) OF THE PROPOSED DEFINITION, WE UNDERSTAND THE PRIMARY PURPOSE THEREOF IS TO CLEARLY REFLECT THAT EMPLOYEES TEMPORARILY PROMOTED TO HIGHER GRADES ARE TO RECEIVE STEP-INCREASES IN SUCH HIGHER GRADES BASED ON SERVICE RENDERED THEREIN. THIS WOULD BE IN LINE WITH OUR DECISION OF MARCH 27, 1967, B-160859, A COPY OF WHICH IS ENCLOSED, WHEREIN WE RULED THAT STEP-INCREASES SHOULD BE GRANTED TO EMPLOYEES BASED ON SERVICE IN HIGHER GRADES TO WHICH THEY HAVE BEEN TEMPORARILY PROMOTED, PROVIDED SUCH EMPLOYEES HAVE PERMANENT STATUS IN THE POSITIONS FROM WHICH THEY TEMPORARILY ARE PROMOTED AND OTHERWISE MEET THE REQUIREMENTS OF LAW FOR STEP INCREASES.

APPARENTLY, THE LANGUAGE OF CLAUSE (2) OF THE PROPOSED DEFINITION OF "PERMANENT POSITION" AS NOW DRAFTED WOULD, IN ADDITION TO THE CASES OF TEMPORARY PROMOTION REFERRED TO ABOVE, AUTHORIZE STEP-INCREASES ON THE BASIS OF A SERIES OF TEMPORARY APPOINTMENTS FOR PERIODS OF A YEAR OR LESS, WHICH MIGHT AGGREGATE MORE THAN A YEAR OF SERVICE. THIS RESULT WOULD SEEM TO RENDER MEANINGLESS THE LANGUAGE "AND OCCUPYING A PERMANENT POSITION WITHIN THE SCOPE OF THE GENERAL SCHEDULE" NOW CONTAINED IN 5 U.S.C. 5335.

WE SUGGEST, THEREFORE, THAT THE LANGUAGE OF CLAUSE (2) OF THE DEFINITION BE MODIFIED TO READ ALONG THE LINES OF THE FOLLOWING: "OR (2) A POSITION FILLED BY TEMPORARY PROMOTION OF AN EMPLOYEE WHOSE APPOINTMENT IN THE POSITION FROM WHICH PROMOTED DOES NOT HAVE A TIME LIMITATION OF ONE YEAR OR LESS.'