B-90866, DECEMBER 12, 1949, 29 COMP. GEN. 274

B-90866, DECEMBER 12, 1949, 29 COMP. GEN. 274

COMPENSATION - PERIODIC WITHIN-GRADE ADVANCEMENT AND LONGEVITY INCREASE CLASSIFICATION ACT OF 1949 AN EMPLOYEE WITH MORE THAN THREE YEARS OF SERVICE IN THE TOP SALARY STEP OF GRADE CPC-3 PRIOR TO THE CLASSIFICATION ACT OF 1949 MAY BE ADVANCED TO THE NEW MAXIMUM STEP OF THE GRADE CREATED BY THE ACT UPON THE EFFECTIVE DATE THEREOF; HOWEVER, A LONGEVITY STEP-INCREASE, AS ESTABLISHED BY SECTION 703 (A) OF THE ACT, MAY NOT BE GRANTED UNTIL SUCH TIME AS THE EMPLOYEE SHALL HAVE HAD "THREE YEARS OF CONTINUOUS SERVICE" IN THE NEW MAXIMUM STEP OF THE GRADE UNDER THE CONDITIONS PRESCRIBED THEREIN.

COMPTROLLER GENERAL WARREN TO THE PRESIDING JUDGE, THE TAX COURT OF THE UNITED STATES, DECEMBER 12, 1949:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 22, 1949, REQUESTING DECISION WHETHER TWO EMPLOYEES OF THE TAX COURT WHO HAVE BEEN IN THE TOP SALARY STEP OF CPC-3 SINCE OCTOBER 1, 1944, MAY BE GIVEN A WITHIN GRADE SALARY ADVANCE TO THE NEW STEP ADDED TO THAT GRADE BY THE CLASSIFICATION ACT OF 1949, AND, SIMULTANEOUSLY, RECEIVE A LONGEVITY INCREASE BASED UPON PAST SERVICE NOT NEEDED FOR THE WITHIN-GRADE SALARY ADVANCE.

PRIOR TO THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF 1949, APPROVED OCTOBER 28, 1949, PUBLIC LAW 429, GRADE CPC-3 CONTAINED SIX SALARY RATES. THE CLASSIFICATION ACT OF 1949 ADDED ONE ADDITIONAL STEP IN THAT GRADE, AND BY SECTION 604 (B) (5) THEREOF, 63 STAT. 967, IT IS PROVIDED THAT:

EMPLOYEES IN GRADES 2 AND 3 OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS TITLE, SHALL HAVE THE SAME RELATIVE PAY RATE OF THE FIRST SIX RATES OF GRADES 2 AND 3, RESPECTIVELY, OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL SCHEDULE.

BY VIRTUE OF THAT PROVISION, AN EMPLOYEE WHO HAD BEEN IN THE SIXTH OR TOP SALARY STEP OF CPC-3 FOR MORE THAN 52 WEEKS PRIOR TO THE EFFECTIVE DATE OF THE CLASSIFICATION ACT OF 1949 AUTOMATICALLY WAS ENTITLED TO AN INITIAL ADJUSTMENT TO THE SIXTH SALARY STEP IN CPC-3 AND, ALSO, TO WITHIN-GRADE SALARY ADVANCE TO THE NEW TOP STEP IN THAT GRADE.

WITH RESPECT TO LONGEVITY INCREASES, SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, PROVIDES:

SUBJECT TO SUBSECTION (B), AND AS A REWARD FOR LONG AND FAITHFUL SERVICE, EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP-INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT CHANGE OF GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH CHANGE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL APPLICATION. (ITALICS SUPPLIED.)

SINCE THE EMPLOYEES HERE INVOLVED WERE, AS HEREINBEFORE STATED, ENTITLED TO BE ADVANCED TO THE NEW ADDITIONAL MAXIMUM STEP OF THE GRADE UPON THE EFFECTIVE DATE OF THE NEW SALARY ACT, THEY MAY NOT, UNDER THE TERMS OF THE SECTION JUST QUOTED, BE GRANTED A LONGEVITY STEP UNTIL THEY SHALL HAVE HAD "THREE YEARS OF CONTINUOUS SERVICE" AT THAT MAXIMUM SALARY STEP, SUBJECT, OF COURSE, TO THE CONDITIONS PRESCRIBED UNDER SECTION 703 (A) OF THE STATUTE.