B-139313, MAY 13, 1959

B-139313, MAY 13, 1959

PRECIS-UNAVAILABLE

DILLER B. GROFF:

YOUR LETTER OF APRIL 3, 1959, REQUESTS OUR REVIEW OF THE SETTLEMENT OF SEPTEMBER 24, 1958, WHICH DISALLOWED YOUR CLAIM FOR $9.60 REPRESENTING AN ADJUSTMENT IN COMPENSATION FOR ONE PAY PERIOD DUE TO A PERIODIC STEP INCREASE. YOUR CLAIM WAS DISALLOWED FOR THE PAY PERIOD IN QUESTION BECAUSE YOUR APPOINTMENT WITH THE PUBLIC HOUSING ADMINISTRATION WAS MADE EFFECTIVE MONDAY, DECEMBER 31, 1956, IN VIEW OF WHICH THE 78 WEEK WAITING PERIOD REQUIRED UNDER 5 U.S.C.A. 1121 FOR A PERIODIC STEP-INCREASE WAS NOT COMPLETED UNTIL SUNDAY, JUNE 29, 1958, AND, THEREFORE, PAYMENT FOR A WITHIN-GRADE ADVANCE COULD NOT BE MADE EFFECTIVE UNTIL THE BEGINNING OF THE NEXT PAY PERIOD.

THE RECORD SHOWS THAT YOU RESIGNED FROM YOUR POSITION (GS-12) WITH THE GENERAL ACCOUNTING OFFICE EFFECTIVE DECEMBER 30, 1956, SUNDAY, AND WERE APPOINTED TO A POSITION (GS-14) WITH THE PUBLIC HOUSING ADMINISTRATION EFFECTIVE DECEMBER 31, 1956, MONDAY. YOU WERE GIVEN THE FIRST PERIODIC WITHIN-GRADE ADVANCE IN THE NEW POSITION EFFECTIVE JULY 13, 1958, OR AT THE BEGINNING OF THE PAY PERIOD FOLLOWING THE COMPLETION OF THE STATUTORY WAITING PERIOD OF 78 CALENDAR WEEKS. YOU CONTEND THAT YOUR RESIGNATION FROM THE POSITION IN THE GENERAL ACCOUNTING OFFICE WAS EFFECTIVE AS OF MIDNIGHT SATURDAY, DECEMBER 29, 1956, THE END OF A PAYROLL PERIOD. YOU FURTHER CONTEND THAT THE WAITING PERIOD FOR THE STEP-INCREASE SHOULD BE COMPUTED FROM DECEMBER 30, 1956, RATHER THAN FROM DECEMBER 31, 1956, AND IN SUPPORT OF THIS YOU RELY ON SECTION 25.11(D) OF THE FEDERAL EMPLOYEES PAY REGULATIONS, ISSUED PURSUANT TO STATUTORY AUTHORITY CONTAINED IN 5 U.S.C.A. 1072. THE REGULATION WHICH APPEARS IN THE FEDERAL PERSONNEL MANUAL Z1 314.01, READS, IN PERTINENT PART AS FOLLOWS:

"WAITING PERIOD IS THE MINIMUM TIME REQUIREMENT OF CREDITABLE SERVICE WITHOUT AN EQUIVALENT INCREASE IN COMPENSATION IN ORDER TO BE ELIGIBLE FOR CONSIDERATION FOR A PERIODIC STEP-INCREASE. THE WAITING PERIOD FOR *** FULL TIME *** EMPLOYEES IS *** 78 CALENDAR WEEKS FOR GRADES WITH STEP INCREASES OF $200 OR MORE. *** THE WAITING PERIOD SHALL NOT BE INTERRUPTED WHERE THE EMPLOYEE'S SERVICES ARE TERMINATED ON THE LAST DAY OF HIS REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK AND HIS NEXT APPOINTMENT IS MADE EFFECTIVE ON THE FIRST DAY OF THE NEXT REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK FOR HIS NEW POSITION. ***."

THE STATUTORY PROVISION HERE INVOLVED, 5 U.S.C.A. 1121, READS, IN PERTINENT PART, AS FOLLOWS:

"(A) EACH OFFICER OR EMPLOYEE COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING A PERMANENT POSITION WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS CHAPTER, WHO HAS NOT ATTAINED THE MAXIMUM SCHEDULED RATE OF COMPENSATION FOR THE GRADE IN WHICH HIS POSITION IS PLACED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF (1) EACH FIFTY-TWO CALENDAR WEEKS OF SERVICE IF HIS POSITION IS IN A GRADE IN WHICH THE STEP-INCREASES ARE LESS THAN $200, OR (2) EACH SEVENTY-EIGHT CALENDAR WEEKS OF SERVICE IF HIS POSITION IS IN A GRADE IN WHICH THE STEP-INCREASES ARE $200 OR MORE, SUBJECT TO THE FOLLOWING CONDITIONS:

"(A) THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING SUCH PERIOD, ***."

ON YOUR TRANSFER OR APPOINTMENT TO THE PUBLIC HOUSING ADMINISTRATION YOU WERE PROMOTED FROM GRADE GS-12 ($8,645) TO GRADE GS-14 ($10,320), THUS RECEIVING MORE THAN AN EQUIVALENT INCREASE IN COMPENSATION FROM THE POSITION HELD BY YOU WITH THE GENERAL ACCOUNTING OFFICE. AS IS REQUIRED BY THE STATUTE SET OUT ABOVE, YOUR WAITING TIME OF 78 WEEKS OF SERVICE REQUIRED FOR QUALIFICATION FOR A WITHIN GRADE STEP-INCREASE STARTED FROM THE DATE OF YOUR APPOINTMENT AT THE HIGHER GRADE, WHICH THE RECORD INDICATES, WAS EFFECTIVE DECEMBER 31, 1956. THEREFORE, REGARDLESS OF WHETHER YOU HAD ACCRUED ANY WAITING TIME CREDIT WITH THE GENERAL ACCOUNTING OFFICE SUCH TIME WOULD CEASE TO BE CREDITABLE UPON YOUR PROMOTION TO GRADE GS-14, ON DECEMBER 31, 1956.

SINCE YOU DID NOT COMPLETE THE 78 WEEKS OF SERVICE IN GRADE GS-14 UNTIL SUNDAY, JUNE 29, 1958, WHICH WAS THE BEGINNING OF THE ADMINISTRATIVE WORKWEEK AT YOUR AGENCY, YOU WERE NOT ENTITLED TO THE WITHIN-GRADE SALARY ADVANCEMENT UNTIL THE BEGINNING OF THE NEXT PAY PERIOD AFTER THAT DATE, WHICH WAS JULY 13, 1958. 25 COMP. GEN. 121, 134. SINCE YOU WERE GRANTED THE INCREASE IN SALARY EFFECTIVE JULY 13, 1958, YOU HAVE BEEN PROPERLY PAID ALL COMPENSATION TO WHICH YOU ARE ENTITLED. THEREFORE, THE SETTLEMENT DATED SEPTEMBER 24, 1958, WHICH DISALLOWED YOUR CLAIM FOR WITHIN-GRADE SALARY INCREASE FOR THE PERIOD JUNE 29, 1958 TO JULY 12, 1958, IS SUSTAINED.