B-148583, FEB. 11, 1963

B-148583, FEB. 11, 1963

TO MR. ANDREW P. RASMUSSEN:

YOUR LETTER OF JANUARY 9, 1963, ASKS THAT WE CONSIDER THE INFORMATION CONTAINED IN THE ENCLOSURES SUBMITTED THEREWITH WHICH ARE CONCERNED WITH YOUR CLAIM FOR INCREASED COMPENSATION UPON CONVERSION OF YOUR POSITION AS A MARITIME ADMINISTRATIVE ENROLLEE TO A POSITION UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED.

THE RECORD FURNISHED BY YOU SHOWS THAT AT THE TIME YOU FIRST ENTERED THE UNITED STATES MARITIME SERVICE ON SEPTEMBER 19, 1944, YOU HELD A POSITION IN CAF-5, AT THE SALARY RATE OF $2,400 PER ANNUM WITH THE FEDERAL WORKS AGENCY, PUBLIC BUILDINGS ADMINISTRATION. YOU INVITE ATTENTION TO THE LETTER OF THE ASSISTANT PERSONNEL OFFICER OF THE LATTER AGENCY DATED AUGUST 28, 1947, WHICH ADVISED YOU THAT IN THE EVENT YOU RETURNED THERETO AFTER YOUR MILITARY FURLOUGH YOU WOULD BE ENTITLED TO CERTAIN WITHIN GRADE PROMOTIONS FOR THE PERIOD BETWEEN THE DATE YOU WERE PLACED ON MILITARY FURLOUGH AND JULY 14, 1946, WHEN YOU WOULD HAVE REACHED THE TOP STEP OF YOUR GRADE WITH THAT AGENCY. FOR YOUR INFORMATION THE TOP STEP OF GRADE GS-5 AT THAT TIME WAS NOT A "LONGEVITY" STEP. LONGEVITY STEPS WERE NOT AUTHORIZED UNTIL ENACTMENT OF THE CLASSIFICATION ACT OF 1949. THE FACT REMAINS, HOWEVER, THAT YOU DID NOT RETURN TO THE FEDERAL WORKS AGENCY. INSTEAD YOU REMAINED IN THE MARITIME SERVICE AND BY THE PROVISIONS OF PUBLIC LAW 87-93, APPROVED JULY 20, 1961, 75 STAT. 212, WHICH AMENDED SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 46 U.S.C. 1126, YOUR POSITION THEREIN WAS CONVERTED TO A POSITION UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1071, ET SEQ. THE INFORMATION FURNISHED INDICATES THAT THE ADMINISTRATIVE OFFICE UNDER THE STANDARDS ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION DETERMINED THAT YOUR POSITION WAS ALLOCABLE TO GRADE GS-5 BASED UPON THE DUTIES AND RESPONSIBILITIES THEREOF, BUT THAT YOU FELT SUCH POSITION WAS ALLOCABLE TO GRADE GS-7. AFTER APPEALING SUCH MATTER TO THE 2ND UNITED STATES CIVIL SERVICE REGION, AND TO THE CLASSIFICATION APPEALS OFFICE, BUREAU OF INSPECTIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION, YOU WERE ADVISED THAT YOUR POSITION WAS PROPERLY ALLOCABLE TO GRADE GS-5 UNDER THE APPLICABLE STANDARDS. THE PLACING OF YOUR POSITION IN THE PROPER GRADE UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED, IS EXCLUSIVELY A MATTER COMING WITHIN THE JURISDICTION OF THE ADMINISTRATIVE OFFICE CONCERNED AND THE UNITED STATES CIVIL SERVICE COMMISSION. THE RECORD SHOWS THAT SUCH GRADE HAS BEEN DETERMINED TO BE GRADE GS-5. OUR OFFICE IS GOVERNED BY THAT DETERMINATION AND WE HAVE NO JURISDICTION OR AUTHORITY TO CHANGE IT.

SINCE, AS WE STATED ABOVE, YOU REMAINED IN THE MARITIME SERVICE AND YOUR POSITION WAS CONVERTED UNDER THE PROVISIONS OF PUBLIC LAW 87-93 OUR CONSIDERATION IN THIS MATTER IS LIMITED TO DETERMINING WHETHER YOU HAVE RECEIVED THE BENEFITS TO WHICH YOU WERE ENTITLED UNDER THAT LAW WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

"SEC. 216 (F). ON SUCH DATE AS MAY BE FIXED BY THE CIVIL SERVICE COMMISSION WITH THE APPROVAL OF THE SECRETARY OF COMMERCE, NOT LATER THAN ONE YEAR FROM THE DATE OF ENACTMENT * * * PERSONS THEN SERVING AS ADMINISTRATIVE ENROLLEES SHALL BE BROUGHT INTO THE COMPETITIVE CIVIL SERVICE OR EXCEPTED CIVIL SERVICE IN ACCORDANCE WITH THE CIVIL SERVICE ACT AND RULES, AND SHALL THEREAFTER BE COMPENSATED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1949, AS AMENDED * * *

"/1) THE RATE OF BASIC COMPENSATION OF ANY PERSON SERVING AS ADMINISTRATIVE ENROLLEE ON THE DATE IMMEDIATELY PRECEDING THE DATE SPECIFIED IN THE FIRST SENTENCE OF THIS SUBSECTION (F) SHALL UPON CONVERSION * * * BE FIXED AT A RATE WHICH IS NOT LESS THAN THE COMBINED BASIC PAY AND QUARTERS AND SUBSISTENCE ALLOWANCES RECEIVED IMMEDIATELY PRECEDING CONVERSION * * *. IN THE CASE OF ANY SUCH PERSON WHOSE COMBINED BASIC PAY AND QUARTERS AND SUBSISTENCE ALLOWANCES * * * EXCEEDS THE ENTRANCE RATE OF THE GRADE * * * IN WHICH HIS POSITION IS PLACED, THE BASIC COMPENSATION OF SUCH PERSON SHALL BE FIXED AT THAT STEP IN THE GRADE * * * WHICH IS EQUAL TO, OR IF NONE BE EQUAL, WHICH REPRESENTS THE NEXT HIGHER REGULAR OR LONGEVITY STEP * * * OVER THE PERSON'S COMBINED PAY AND ALLOWANCES * * * RECEIVED IMMEDIATELY PRECEDING THE DATE OF CONVERSION.'

IN ACCORDANCE WITH THE ABOVE PROVISION YOUR SALARY, INCLUDING ALLOWANCES, AS A CHIEF YEOMAN, $5,226.70 PER ANNUM WAS CONVERTED TO A SALARY OF $5,335 PER ANNUM, THE MAXIMUM SCHEDULED STEP OF GRADE GS-5. THIS IS REFLECTED IN THE COPY OF THE LETTER DATED NOVEMBER 30, 1961, TO YOU FROM THE MARITIME ADMINISTRATION, ONE OF THE ENCLOSURES SUBMITTED BY YOU.

THEREAFTER, ON JUNE 24, 1962, RETROACTIVE TO JANUARY 7, 1962, IT APPEARS THAT YOU WERE ADVANCED TO THE FIRST LONGEVITY STEP OF GRADE GS 5, $5,500 PER ANNUM, UNDER PARAGRAPH (4) OF SECTION 216 (F) OF PUBLIC LAW 87-93, WHICH READS AS FOLLOWS:

"ACTIVE SERVICE OF ANY ADMINISTRATIVE ENROLLEE PERFORMED PRIOR TO THE DATE SPECIFIED IN THE FIRST SENTENCE OF THE SUBSECTION (F) SHALL BE CONSIDERED CREDITABLE AS CIVIL EMPLOYMENT IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT FOR ALL PURPOSES, EXCEPT THAT IN COMPUTING LENGTH OF SERVICE FOR THE PURPOSE OF TITLE VII OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, CONTINUOUS SERVICE IMMEDIATELY PRECEDING THE DATE ESTABLISHED UNDER THE FIRST SENTENCE OF THIS SUBSECTION (F) SHALL BE COUNTED EITHER (1) TOWARD ONE STEP INCREASE UNDER SECTION 701, OR (2) TOWARD ONE LONGEVITY STEP INCREASE UNDER SECTION 703, AS THE CASE MAY BE.'

THE INITIAL FIXING OF YOUR SALARY UPON CONVERSION AT $5,335 PER ANNUM AND THE GRANTING OF THE LONGEVITY STEP INCREASE WERE PROPER AND IN ACCORDANCE WITH THE FOREGOING PROVISION OF LAW. SEE OUR DECISION B 148583, JUNE 20, 1962, COPY OF WHICH WE ENCLOSE FOR YOUR INFORMATION. THEREFORE, THERE IS NO BASIS UPON WHICH WE MAY ALLOW YOUR CLAIM FOR RETROACTIVE COMPENSATION AT A HIGHER RATE.