B-97803, OCTOBER 13, 1950, 30 COMP. GEN. 156

B-97803, OCTOBER 13, 1950, 30 COMP. GEN. 156

CLASSIFICATION OF CIVILIAN EMPLOYEES - EFFECTIVE DATE OF SALARY CHANGES RESULTING FROM ALLOCATIONS AND REALLOCATIONS IN VIEW OF SECTION 502 OF THE CLASSIFICATION ACT OF 1949, PROVIDING FOR ADMINISTRATIVE ALLOCATION AND REALLOCATION OF POSITIONS IN THE DEPARTMENTAL SERVICE WITHOUT PRIOR APPROVAL BY THE CIVIL SERVICE COMMISSION AND FOR THE PAYMENT OF COMPENSATION BASED ON SUCH ACTION, THE EFFECTIVE DATE OF SALARY CHANGES RESULTING FROM SUCH ALLOCATIONS OR REALLOCATIONS OF POSITIONS IN BOTH DEPARTMENTAL AND FIELD SERVICES IS THE DATE ACTION IS TAKEN BY THE PROPER ADMINISTRATIVE OFFICER FINALLY TO ALLOCATE OR REALLOCATE THE POSITION, OR SUCH LATER DATE AS MAY BE ADMINISTRATIVELY FIXED. 4 COMP. GEN. 280, OVERRULED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, OCTOBER 13, 1950:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1950, REQUESTING A DECISION AS TO THE EARLIEST DATE ON WHICH ALLOCATIONS AND REALLOCATIONS OF POSITIONS BY THE DEPARTMENT MAY BE MADE EFFECTIVE IN THE LIGHT OF THE PROVISIONS OF THE CLASSIFICATION ACT OF 1949, INFRA.

YOUR LETTER REFERS TO OFFICE DECISION OF SEPTEMBER 8, 1924, 4 COMP. GEN. 280, WHICH PROVIDES, IN EFFECT, THAT AN ALLOCATION OR REALLOCATION OF A POSITION BY THE CIVIL SERVICE COMMISSION BECOMES EFFECTIVE ON THE FIRST DAY OF THE PAY PERIOD CURRENT WHEN THE NOTICE OF SUCH ALLOCATION ACTION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. FURTHER, YOUR LETTER RELATES THAT SECTION 502 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, 958, AUTHORIZES DEPARTMENTS TO ALLOCATE, FINALLY, POSITIONS SUBJECT TO THE ACT INCLUDING DEPARTMENTAL POSITIONS WHICH FORMERLY WERE ALLOCATED BY THE CIVIL SERVICE COMMISSION. IN VIEW OF THE CITED STATUTORY PROVISION YOU REQUEST TO BE ADVISED (1) WHETHER THE REFERRED TO RULE (SET FORTH IN 4 COMP. GEN. 280) MAY BE APPLIED WITHIN THE DEPARTMENT TO BOTH DEPARTMENTAL AND FIELD POSITIONS, AND (2) WHETHER THE DEPARTMENT MAY BY REGULATION DESIGNATE WHAT IS TO BE REGARDED AS AN "ADMINISTRATIVE OFFICE" IN EACH CASE.

UNDER THE PROVISIONS OF SECTION 502 OF THE CLASSIFICATION ACT OF 1949, SUPRA, ALLOCATIONS AND REALLOCATIONS OF POSITIONS IN THE DEPARTMENTAL SERVICE MAY BE ACCOMPLISHED BY ADMINISTRATIVE ACTION SUBJECT TO REVIEW BY THE CIVIL SERVICE COMMISSION. ALSO, SAID SECTION PROVIDES THAT ACTIONS BY THE DEPARTMENTS SHALL BE THE BASIS FOR THE PAYMENT OF COMPENSATION AND FOR PERSONNEL TRANSACTIONS UNTIL CHANGED BY CERTIFICATE OF THE COMMISSION. THEREFORE, IN SUCH CASES, SINCE APPROVAL BY THE CIVIL SERVICE COMMISSION IS NOT NOW REQUIRED BY LAW PRIOR TO ADMINISTRATIVE ACTION, THE RULE STATED IN THE DECISION TO WHICH YOUR LETTER REFERS NO LONGER IS FOR GENERAL APPLICATION. RATHER, SINCE SECTION 502 PROVIDES THAT, IN SUCH CASES, ACTIONS BY THE DEPARTMENTS SHALL FORM THE BASIS FOR THE PAYMENT OF COMPENSATION, THERE IS FOR APPLICATION THE RULE FOR DETERMINING THE EFFECTIVE DATE OF SALARY CHANGES RESULTING FROM ADMINISTRATIVE ALLOCATION OF POSITIONS IN THE FIELD SERVICE, NAMELY, THE CHANGE BECOMES EFFECTIVE ON THE DATE THE ACTION IS TAKEN BY THE ADMINISTRATIVE OFFICER VESTED WITH THE PROPER AUTHORITY TO FINALLY ALLOCATE OR REALLOCATE THE POSITION, OR AT SUCH LATER DATE AS MIGHT BE ADMINISTRATIVELY FIXED. 22 COMP. GEN. 526.

IN VIEW OF THE FOREGOING, NO ANSWER TO THE SECOND QUESTION PRESENTED, SUPRA, APPEARS NECESSARY.