B-24235, MARCH 12, 1942, 21 COMP. GEN. 855

B-24235, MARCH 12, 1942, 21 COMP. GEN. 855

COMPENSATION - WITHIN-GRADE PERIODIC AND MERITORIOUS PROMOTIONS UPON THE TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE FROM ONE FEDERAL AGENCY TO ANOTHER, WHETHER IN THE SAME OR DIFFERENT GRADE, IT IS WITHIN ADMINISTRATIVE DISCRETION--- BUT NOT MANDATORY--- IF FUNDS ARE AVAILABLE, TO FIX HIS INITIAL SALARY IN THE NEW POSITION AT SUCH PRESCRIBED RATE OF THE GRADE AS WILL SAVE TO HIM THE BENEFIT OF A WITHIN-GRADE SALARY ADVANCEMENT UNDER THE ACT OF AUGUST 1, 1941, TO WHICH HE PREVIOUSLY HAD BECOME ENTITLED. 21 COMP. GEN. 791, AMPLIFIED. WHERE EMPLOYEES WERE TRANSFERRED OR REAPPOINTED FROM ONE FEDERAL AGENCY TO ANOTHER AT THE SAME OR REDUCED SALARIES, EITHER IN THE SAME OR DIFFERENT GRADES, DURING THE PERIOD BETWEEN OCTOBER 1, 1941, WHEN THEIR FIRST WITHIN-GRADE SALARY ADVANCEMENTS UNDER THE ACT OF AUGUST 1, 1941, BECAME EFFECTIVE, AND THE DATE OF ACTUAL PAYMENT OF SUCH INCREASES, IT IS WITHIN ADMINISTRATIVE DISCRETION--- BUT NOT MANDATORY- - IF FUNDS ARE AVAILABLE, TO FIX AT THIS TIME THEIR INITIAL SALARIES, EFFECTIVE ON THE DATE OF THE TRANSFER OR REAPPOINTMENT, IN THE NEW POSITIONS AT SUCH PRESCRIBED RATE OF THEIR GRADES AS WILL SAVE TO THEM THE BENEFITS OF THE SALARY ADVANCEMENTS. 21 COMP. GEN. 791, AMPLIFIED. WHERE AN EMPLOYEE HAS BEEN GRANTED A PERIODIC WITHIN-GRADE SALARY ADVANCEMENT UNDER THE ACT OF AUGUST 1, 1941, AS OF THE BEGINNING OF A PARTICULAR QUARTER, HIS RIGHT TO ANOTHER SUCH PERIODIC SALARY ADVANCEMENT, OTHER CONDITIONS BEING MET, AFTER 18 OR 30 MONTHS' SERVICE FROM THAT DATE IS NOT AFFECTED BY A MERITORIOUS SALARY ADVANCEMENT GRANTED WITHIN SUCH PERIOD PURSUANT TO THE ACT. A PERIOD OF 18 OR 30 MONTHS IS NOT REQUIRED TO ELAPSE BETWEEN MERITORIOUS --- AS DISTINGUISHED FROM PERIODIC--- WITHIN-GRADE SALARY SALARY ADVANCEMENTS UNDER THE ACT OF AUGUST 1, 1941, BUT ONLY ONE SUCH MERITORIOUS ADVANCEMENT MAY BE MADE WITHIN EACH OF THE 18 OR 30-MONTH PERIODS APPLICABLE TO PERIODIC ADVANCEMENTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, WAR PRODUCTION BOARD, MARCH 12, 1942:

I AM IN RECEIPT OF LETTER DATED FEBRUARY 20, 1942, FROM THE ACTING DIRECTOR OF PERSONNEL, WAR PRODUCTION BOARD, AS FOLLOWS:

IN CONNECTION WITH THE APPLICATION OF THE ACT OF AUGUST 1, 1941 ( PUBLIC LAW 200, 77TH CONGRESS), THE OPINION OF THE COMPTROLLER GENERAL IS REQUESTED AS TO THE PROPER PROCEDURE UNDER THE FOLLOWING CIRCUMSTANCES:

1. AN EMPLOYEE HAS RECEIVED A SALARY ADVANCEMENT EFFECTIVE OCTOBER 1, 1941, IN ACCORDANCE WITH THE MEAD-RAMSPECK ACT. ON DECEMBER 1, 1941, THE EMPLOYEE TRANSFERRED TO ANOTHER INDEPENDENT GOVERNMENT ESTABLISHMENT.

QUESTION: UNDER THE LAW AND PROVIDING ALL OTHER REGULATIONS HAVE BEEN COMPLIED WITH, IS THE HIRING AGENCY BOUND TO PICK UP THE EMPLOYEE AT A RATE OF COMPENSATION WHICH WILL INCLUDE ADMINISTRATIVE PROMOTION PAYMENTS?

2. AN EMPLOYEE HAS RECEIVED A SALARY ADVANCEMENT EFFECTIVE OCTOBER 1, 1941, IN ACCORDANCE WITH THE MEAD-RAMSPECK ACT. IN RECOGNITION OF ESPECIALLY MERITORIOUS SERVICES AN ADDITIONAL INCREASE HAS BEEN GRANTED EFFECTIVE NOVEMBER 1, 1941, IN ACCORDANCE WITH SECTION 7 (F) OF THE ACT.

QUESTION: IN COMPUTING ELIGIBILITY FOR SUBSEQUENT PROMOTION UNDER THE ACT, WOULD THE EIGHTEEN (18) OR THIRTY (30) MONTH PERIOD START TO RUN FROM OCTOBER 1, 1941, OR NOVEMBER 1, 1941?

IN DECISION OF FEBRUARY 21, 1942, B-23577, 21 COMP. GEN. 791, A COPY OF WHICH IS ENCLOSED, INVOLVING THE TRANSFER OR REAPPOINTMENT OF EMPLOYEES FROM ONE POSITION TO ANOTHER IN THE SAME FEDERAL AGENCY, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE VESTED RIGHT OF AN EMPLOYEE TO RETAIN A PERIODIC OR MERITORIOUS WITHIN-GRADE SALARY ADVANCEMENT GRANTED PURSUANT TO THE ACT OF AUGUST 1, 1941, MAINTAINS ONLY SO LONG AS HE REMAINS IN THE POSITION IN WHICH THE ADVANCEMENT WAS GRANTED, BUT, UPON THE TRANSFER, PROMOTION, OR REDUCTION OF AN EMPLOYEE FROM ONE POSITION TO ANOTHER WITH DIFFERENT DUTIES AND RESPONSIBILITIES, WHETHER IN THE SAME OR DIFFERENT GRADE, IT IS WITHIN ADMINISTRATIVE DISCRETION UNDER SECTION 10 OF THE CLASSIFICATION ACT OF 1923 TO FIX HIS INITIAL SALARY IN THE NEW POSITION AT SUCH PRESCRIBED RATE OF THE GRADE AS WILL SAVE TO HIM THE BENEFIT OF A WITHIN-GRADE SALARY ADVANCEMENT TO WHICH HE PREVIOUSLY HAD BECOME ENTITLED.

WHERE DURING THE PERIOD OF DELAY BETWEEN THE EFFECTIVE DATE--- OCTOBER 1, 1941--- OF THE FIRST PERIODIC WITHIN-GRADE SALARY ADVANCEMENTS UNDER THE ACT OF AUGUST 1, 1941, AND THE ACTUAL PAYMENT OF SUCH ADVANCEMENTS, EMPLOYEES WHO WERE ENTITLED TO THE ADVANCEMENTS AS OF OCTOBER 1, 1941, WERE TRANSFERRED AT THE SAME OR REDUCED SALARIES TO OTHER POSITIONS, EITHER IN THE SAME OR DIFFERENT GRADE, WITH DIFFERENT DUTIES AND RESPONSIBILITIES, IT IS WITHIN ADMINISTRATIVE DISCRETION TO FIX AT THIS TIME THEIR INITIAL SALARIES, EFFECTIVE ON THE DATE OF THE TRANSFER, IN THE NEW POSITIONS AT SUCH PRESCRIBED RATE OF THEIR GRADES AS WILL SAVE TO THEM THE BENEFITS OF THE SALARY ADVANCEMENTS TO WHICH THEY PREVIOUSLY HAD BECOME ENTITLED.

ALSO, THE SAME RULES ARE APPLICABLE UPON TRANSFER OR REAPPOINTMENT FROM ONE FEDERAL AGENCY TO ANOTHER. UNDER THESE RULES QUESTION 1 IS ANSWERED IN THE NEGATIVE. THAT IS TO SAY, THE MATTER IS ONE OF ADMINISTRATIVE DISCRETION AND SUBJECT TO THE AVAILABILITY OF FUNDS.

THAT PORTION OF SECTION 7 OF THE CLASSIFICATION ACT WHICH WAS ADDED BY SECTION 2 OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, 614, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(B) ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAVE NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE IN WHICH THEIR POSITIONS ARE RESPECTIVELY ALLOCATED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT QUARTER, FOLLOWING THE COMPLETION OF: (1) EACH EIGHTEEN MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $60 OR $100, OR (2) EACH THIRTY MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $200 OR $250, SUBJECT TO THE FOLLOWING CONDITIONS:

(1) THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING SUCH PERIOD, EXCEPT INCREASE MADE PURSUANT TO SUBSECTION (F) OF THIS SECTION;

(F) WITHIN THE LIMIT OF AVAILABLE APPROPRIATIONS, AND IN RECOGNITION OF ESPECIALLY MERITORIOUS SERVICES, THE HEAD OF ANY DEPARTMENT OR AGENCY IS AUTHORIZED TO MAKE ADDITIONAL WITHIN-GRADE COMPENSATION ADVANCEMENTS, BUT ANY SUCH ADDITIONAL ADVANCEMENTS SHALL NOT EXCEED ONE STEP AND NO EMPLOYEE SHALL BE ELIGIBLE FOR MORE THAN ONE ADDITIONAL ADVANCEMENT HEREUNDER WITHIN EACH OF THE TIME PERIODS SPECIFIED IN SUBSECTION (B). ALL ACTIONS UNDER THIS SUBSECTION AND THE REASONS THEREFOR SHALL BE REPORTED TO THE CIVIL SERVICE COMMISSION. THE COMMISSION SHALL PRESENT AN ANNUAL CONSOLIDATED REPORT TO THE CONGRESS COVERING THE NUMBERS AND TYPES OF ACTIONS TAKEN UNDER THIS SUBSECTION.

UNDER SAID PROVISIONS THE PERIODIC WITHIN-GRADE SALARY ADVANCEMENT BASED ON LONGEVITY, EFFICIENCY RATING, AND CERTIFICATE OF SERVICE AND CONDUCT MAY BE MADE EFFECTIVE ONLY AT THE BEGINNING OF THE QUARTER. THE BEGINNING OF THE QUARTER ON WHICH AN EMPLOYEE ATTAINS ELIGIBILITY FOR A PERIODIC INCREASE IN COMPENSATION FIXES THE BEGINNING OF THE 18 OR 30 MONTHS' PERIOD THROUGH WHICH HE MUST SERVE BEFORE BECOMING ELIGIBLE FOR ANOTHER PERIODIC INCREASE. DURING EACH OF THESE PERIODS OF 18 OR 30 MONTHS AN EMPLOYEE MAY BE GRANTED ONE ADDITIONAL MERITORIOUS PROMOTION IN HIS GRADE UNDER THE PROVISIONS OF SUBSECTION (F) OF THE QUOTED STATUTE WHICH IS NOT TO BE REGARDED AS AN "EQUIVALENT INCREASE IN COMPENSATION.' SEE THE EXPRESS EXCEPTION TO SUBSECTION (B) (1) OF THE STATUTE. SEE, ALSO, ANSWER TO QUESTION NUMBERED 3, DECISION OF FEBRUARY 21, 1942, B-23577, SUPRA.

REFERRING TO QUESTION 2, THE 18 OR 30 MONTHS' PERIOD STARTED TO RUN FROM OCTOBER 1, 1941. ASSUMING ALL OTHER CONDITIONS OF THE STATUTE TO HAVE BEEN MET, THE EMPLOYEE WOULD BE ENTITLED TO THE NEXT PERIODIC INCREASE IN THE GRADE ON APRIL 1, 1943, IF THE STEPS IN HIS GRADE ARE $60 OR $100, AND ON APRIL 1, 1944, IF THE STEPS IN HIS GRADE ARE $200 OR $250. THE EMPLOYEE WILL BE ELIGIBLE FOR THE NEXT ADDITIONAL MERITORIOUS INCREASE IN HIS GRADE AT ANY TIME ON OR AFTER APRIL 1, 1943, OR APRIL 1, 1944, AS THE CASE MAY BE. A PERIOD OF 18 OR 30 MONTHS IS NOT REQUIRED TO ELAPSE BETWEEN MERITORIOUS PROMOTIONS, BUT ONLY ONE MERITORIOUS PROMOTION MAY BE MADE WITHIN EACH OF THE 18 OR 30 MONTHS' PERIODS APPLICABLE TO THE AUTOMATIC PROMOTIONS. QUESTION 2 IS ANSWERED ACCORDINGLY.