B-171026, NOV. 18, 1970

B-171026, NOV. 18, 1970

WHITE HOUSE POLICE - COMPENSATION - HIGHEST PREVIOUS RATE DECISION CONCERNING PROPRIETY OF PAYING RETROACTIVE SALARY INCREASES TO PERSONNEL OF THE EXECUTIVE PROTECTIVE SERVICE WHO WERE REASSIGNED TO GS- GRADES IN SECRET SERVICE DURING RETROACTIVE PERIOD OF PUBLIC LAW 91 297. IN ABSENCE OF ANY STATUTORY PROVISION TO THE CONTRARY THE RETROACTIVE PROVISION OF THE SALARY INCREASE ACTS SHOULD BE APPLIED TO REFLECT SALARY STATUS OF EACH EMPLOYEE UNDER THE INCREASED RATES AS IF SUCH RATES HAD BEEN IN FORCE AND EFFECT AT THE TIME OF ANY CHANGE IN STATUS.

TO MR. SECRETARY:

WE REFER TO THE LETTER OF OCTOBER 13, 1970, FROM THE ASSISTANT SECRETARY FOR ADMINISTRATION, CONCERNING THE PROPER RATE OF PAY FOR CERTAIN EMPLOYEES REASSIGNED FROM THE EXECUTIVE PROTECTIVE SERVICE (WHITE HOUSE POLICE) TO THE UNITED STATES SECRET SERVICE, IN LIGHT OF THE RETROACTIVE PAY INCREASE AUTHORIZED BY PUBLIC LAW 91-297, APPROVED JUNE 30, 1970, FOR PERSONNEL OF THE EXECUTIVE PROTECTIVE SERVICE. UNDER THE PROVISIONS OF 3 U.S.C. 204, THE SALARIES OF THE MEMBERS OF THE EXECUTIVE PROTECTIVE SERVICE ARE ASSIMILATED TO THE GRADES AND SALARIES OF MEMBERS OF THE METROPOLITAN POLICE FORCE OF THE DISTRICT OF COLUMBIA.

THE LETTER STATES THAT THREE EMPLOYEES NOW SERVING IN GENERAL SCHEDULE POSITIONS IN THE U.S. SECRET SERVICE WERE REASSIGNED FROM THE POSITION OF PRIVATE, EXECUTIVE PROTECTIVE SERVICE. THE REASSIGNMENTS ARE STATED TO BE EFFECTIVE FOR ONE EMPLOYEE ON APRIL 19, 1970, AND ON JUNE 28, 1970, FOR THE OTHER TWO. THE SECRET SERVICE IN EFFECTING THE REASSIGNMENTS FOLLOWED ITS NORMAL PRACTICE OF ESTABLISHING PAY IN ACCORDANCE WITH THE HIGHEST PREVIOUSLY EARNED RATE. PUBLIC LAW 91-297 WHICH WAS APPROVED ON JUNE 30, 1970, PROVIDED INCREASES RETROACTIVE TO JULY 1, 1969, FOR THE POSITIONS FROM WHICH THE EMPLOYEES WERE TRANSFERRED. A RULING IS SOUGHT ON THE EFFECT OF PUBLIC LAW 91-297 ON THE RATES AS SET.

SPECIFICALLY, THE LETTER SETS FORTH THE FOLLOWING CASE OF ONE EMPLOYEE BY WAY OF EXAMPLE. THE EMPLOYEE REASSIGNED ON APRIL 19, 1970, WAS EARNING $8,940 PER ANNUM AS A PRIVATE, CLASS 1-A-5, EXECUTIVE PROTECTIVE SERVICE. HE WAS SELECTED FOR A GRADE GS-7 POSITION AT $9,178 PER ANNUM. THE LETTER ASKS WHETHER THE RETROACTIVE PROVISION OF PUBLIC LAW 91-297 REQUIRES THE EMPLOYEE'S RATE WITH THE EXECUTIVE PROTECTIVE SERVICE TO BE ESTABLISHED AT $10,285 PER ANNUM. IF THIS IS DONE THEN THE SECRET SERVICE IN FOLLOWING ITS NORMAL PRACTICE OF RECOGNIZING THE HIGHEST PREVIOUS RATE WOULD SET THE RATE FOR THE EMPLOYEE AT $10,528 PER ANNUM, THE NEXT APPROPRIATE RATE WITHIN GRADE GS-7. IT IS STATED THAT OUR DETERMINATION WILL BE APPLIED TO THE OTHER TWO CASES.

IN THE ABSENCE OF STATUTORY PROVISION TO THE CONTRARY, WE HAVE HELD THAT THE RETROACTIVE PROVISIONS OF SALARY INCREASE ACTS SHOULD BE APPLIED TO REFLECT THE SALARY STATUS OF EACH EMPLOYEE UNDER THE INCREASED RATES AS IF SUCH RATES HAD BEEN IN FORCE AND EFFECT AT THE TIME OF ANY CHANGE IN STATUS. SEE 31 COMP. GEN. 166 (1955), 320 (1952); 34 ID 691 (1954); 38 ID 188 (1958); 44 ID 171 (1964). UNDER THOSE DECISIONS WE AGREE THAT THE RATE IN THE EXAMPLE ABOVE SHOULD BE ADJUSTED TO $10,528 PER ANNUM TO CONFORM TO THE RETROACTIVE EFFECT OF PUBLIC LAW 91-297.