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WHEN YOU WERE TEMPORARILY ASSIGNED TO THE POSITION OF FOREMAN OF MAILS. WAS REFERRED TO OUR CLAIMS DIVISION ON JANUARY 28. WHEN YOU WERE CONVERTED ON DECEMBER 3. YOU WERE ACCORDED SUCH BENEFITS. YOU WERE PLACED IN LONGEVITY GRADE B UNDER THE 3. 7 SCHEDULE BECAUSE YOU HAD FIVE YEARS OF SERVICE IN LONGEVITY GRADE A AT THAT TIME AND YOU WERE OCCUPYING A POSITION WHICH WAS. QUOTING THE SYLLABUS: "AN EMPLOYEE OF THE POSTAL TRANSPORTATION SERVICE WHO WAS ADVANCED TO THE SUPERVISORY POSITION OF FOREMAN PRIOR TO THE COMPLETION OF 13 YEARS OF SERVICE MAY NOT BE GRANTED THE LONGEVITY INCREASES UNDER THE ACT OF MAY 3. IS RECEIVING LONGEVITY BENEFITS ON THE BASIS OF THE FORMULA PRESCRIBED IN SECTION 12 (A) OF THE ACT OF JULY 6.

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B-132105, JUL. 22, 1957

TO MR. ROBERT D. GIFFORD:

YOUR CLAIM FOR THE DIFFERENCE BETWEEN LONGEVITY GRADE A, ADMINISTRATIVELY PAID TO YOU FOR THE PERIOD BEGINNING AUGUST 25, 1956, WHEN YOU WERE TEMPORARILY ASSIGNED TO THE POSITION OF FOREMAN OF MAILS, LEVEL 7, AND LONGEVITY GRADE B, WHILE SERVING TEMPORARILY OR PERMANENTLY FROM THE ABOVE DATE, WAS REFERRED TO OUR CLAIMS DIVISION ON JANUARY 28, 1957, BY JOHN F. O-CONNOR, EXECUTIVE VICE PRESIDENT, NATIONAL FEDERATION OF POST OFFICE CLERKS.

YOU CONTEND THAT SECTION 404 (E/--- DOUBTLESS INTENDED TO BE (D/--- AND SECTION 305 (A) OF PUBLIC LAW 68 PERMIT YOU TO CONTINUE TO ADVANCE BY THE 3, 5, AND 7 SCHEDULE, SET UP FOR YOUR POSITION OF CLERK BY PUBLIC LAW 134, IRRESPECTIVE OF THE POSITION YOU MAY ATTAIN. SECTION 404 (D) MERELY CONTINUES THE PROVISIONS OF SECTION 2 OF THE ACT OF MAY 3, 1950. THE LEGISLATIVE HISTORY THEREON BEARS THIS OUT. SECTION 305 (A) APPLIES TO BASIC SALARY AND REQUIRES THAT, UPON CONVERSION, SUCH LONGEVITY STEPS EARNED SHALL BECOME A PART OF BASIC COMPENSATION. WHEN YOU WERE CONVERTED ON DECEMBER 3, 1955, FROM CLERK TO DISTRIBUTION CLERK, UNDER THE PROVISIONS OF SECTION 304, PUBLIC LAW 68, YOU WERE ACCORDED SUCH BENEFITS. IN OTHER WORDS, YOU WERE PLACED IN LONGEVITY GRADE B UNDER THE 3, 5, AND 7 SCHEDULE BECAUSE YOU HAD FIVE YEARS OF SERVICE IN LONGEVITY GRADE A AT THAT TIME AND YOU WERE OCCUPYING A POSITION WHICH WAS, UNDER PUBLIC LAW 134, SUBJECT TO THE 3, 5, AND 7 SCHEDULE.

IN 32 COMP. GEN. 354 WE HELD AS FOLLOWS, QUOTING THE SYLLABUS:

"AN EMPLOYEE OF THE POSTAL TRANSPORTATION SERVICE WHO WAS ADVANCED TO THE SUPERVISORY POSITION OF FOREMAN PRIOR TO THE COMPLETION OF 13 YEARS OF SERVICE MAY NOT BE GRANTED THE LONGEVITY INCREASES UNDER THE ACT OF MAY 3, 1950, WHILE SERVING IN THE POSITION OF FOREMAN UNTIL SUCH TIME AS HE COMPLETES 13, 18 OR 25 YEARS OF POSTAL SERVICE AS PRESCRIBED IN THAT STATUTE, NOTWITHSTANDING THAT PRIOR TO HIS ADVANCEMENT TO THE POSITION OF FOREMAN HE RECEIVED THE FIRST MERITORIOUS GRADE UNDER PROVISIONS OF SECTION 16 OF THE ACT OF JULY 1, 1945, AS AMENDED.'

IN 35 COMP. GEN. 287 WE HELD AS FOLLOWS, QUOTING THE SYLLABUS:

"A POSTAL FIELD SERVICE EMPLOYEE WHO UNDER THE SAVINGS PROVISION OF SECTION 2 OF THE ACT OF MAY 3, 1950, IS RECEIVING LONGEVITY BENEFITS ON THE BASIS OF THE FORMULA PRESCRIBED IN SECTION 12 (A) OF THE ACT OF JULY 6, 1945, AND WHO TRANSFERS TO A POSITION FOR WHICH ANOTHER LONGEVITY FORMULA IS PRESCRIBED, MAY UPON HIS RETURN TO THE POSITION FROM WHICH TRANSFERRED INVOKE THE PROVISIONS OF SECTION 2 OF THE 1950 ACT IN ORDER TO RECEIVE THE MORE BENEFICIAL LONGEVITY CREDIT.'

IN THE ABSENCE OF SPECIFIC STATUTORY LANGUAGE IN PUBLIC LAW 68 PROVIDING THAT AN EMPLOYEE WHO HOLDS A POSITION IN WHICH HE HAS BEEN ADVANCING UNDER THE 3, 5, AND 7 SCHEDULE, ESTABLISHED BY PUBLIC LAW 134, AND WHO IS PROMOTED OR TRANSFERRED TO A SUPERVISORY POSITION, RETAINS PROMOTION CREDITS UNDER SUCH SCHEDULE AND SINCE WE HAVE ALREADY INTERPRETED SECTION 2 OF THE ACT OF MAY 3, 1950, UPON WHICH YOU ALSO RELY, AS SHOWN BY THE FOREGOING DECISIONS, WE MUST CONCLUDE THAT THE PRINCIPLES SET OUT THEREIN ARE FOR APPLICATION TO YOUR CASE. THE ADMINISTRATIVE ACTIONS TAKEN WERE PROPER UNDER THE APPLICABLE STATUTORY PROVISIONS.

THEREFORE, YOUR CLAIM MUST BE AND IS DISALLOWED.

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