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COMPENSATION-Continued
Overtime-Continued

Page | COMPENSATION-Continued
Periodic step-increases

624

Travel time-assignments outside
duty station-wage board em-
ployee who in returning to of-
ficial station from temporary
duty point at end of regular
workday travels by privately
owned vehicle, use of which is
solely as means of transporta-
tion to and from temporary
duty point, under other than
arduous conditions, is not en-
titled to payment of overtime
compensation for time spent
in travel beyond regularly
scheduled work hours in ab-
sence of statute or administra-
tive regulation to contrary,
wage board employees like per
annum employees being en-
titled to overtime compensa-
tion for travel outside regu-
larly scheduled hours of duty
on any scheduled workday only
when work is actually per-
formed, or travel is carried out
under arduous conditions mak-
ing it inseparable from work
or employment---.
Work Hours Act of 1962-cover-
age all employees of the Gov-
ernment Printing Office whose
compensation is fixed under the
authority of the Kiess Act, 44
U.S.C. 40, including per annum
employees paid rates compara-
ble to the GS grades in the
Classified Civil Service, are en-
titled to the overtime com-
pensation benefits of section
201 of the Work Hours Act of
1962 (5 U.S.C. 673c), which
amended section 23 of the act
of March 28, 1934, to require
payment of overtime for work
in excess of 8 hours per day
and in excess of 40 hours per
week, the Work Hours Act in
amending the overtime pro-
visions of the 1934 act not
changing the coverage of the
act to employees whose com-
pensation is set by wage board,
or other wage-fixing author-
ities, and the prohibitions
against paying overtime com-
pensation to per annum em-
ployees having been removed,
and it is immaterial that the
compensation of some per an-
num employees may be fixed at
rates comparable to "GS" rates
under the Classification Act-- 309

Service credits

Earned toward longevity in-

creases

Service credits which em-
ployees had earned toward
longevity step-increases
prior to Federal Salary
Reform Act of 1962, 5
U.S.C. 1171, which elimi-
nated 10-year service re-
quirement for advance-
ment to former longevity
steps may be credited to-
ward only one of three top
in view of service credit re-
steps provided by new
act in view of service
credit restriction in sec.
602(b) (10); therefore,
employee who prior to
new act had completed 9
continuous years of serv-
ice at maximum scheduled
rate of his grade toward
10-year service eligibility
requirement for longevity
step-increase is only en-
titled to one step-increase,
advancement to 8th step,
and having lost balance of
his service credit, he must
serve further 156 weeks
for eligibility to 9th step,
and another 156 weeks be-
fore advancement to 10th
step----

The 2-years' excess service
remaining to credit of em-
ployee who prior to Fed-
eral Salary Reform Act,
1962 amendments to
Classification Act (5
U.S.C. 1171), on basis of
having completed 10-year
aggregate service require-
ment, as well as 5 years of
service at maximum of his
grade without increase,
receives 3-year longevity
period increase may be re-
tained by employee, and he
is entitled under amenda-
tory act to count excess 2
years' time toward sec-
ond of three top steps of
his grade provided by new
act in lieu of former
longevity grades; there-
fore, his advancement to
9th step need not be post-
poned until 156 weeks
after employee received
step 8 increase, sec.
602(b) (10) providing that

Page

249

COMPENSATION-Continued

Periodic step-increases-Continued
Service credits-Continued

Earned toward longevity in-
creases-Continued

creditable service earned
prior to act may be
counted toward not to ex-
ceed one step-increase

under sec. 701 (a) of
Classification

amended

Page COMPENSATION-Continued

Act, as

249

Effect of Federal Salary Re-

form Act of 1962

View held in sec. 25.153,
Civil Service Regs., that
creditable service in com-
putation of waiting period
to determine entitlement
to schedule step-increase
under sec. 701 of Classifi-
cation Act of 1949, as
amended, is continuous ci-
vilian employment in ex-
ecutive, legislative, or ju-
dicial branches of Federal
Govt., or in District of
Columbia Govt., also pre-
vails as to term "Serv-
ice
in the grade"
as used in sec. 602(b) (10)
of Federal Salary Reform
Act, 1962 amendments to
Classification Act, which
restricts counting of serv-
ice credits earned prior to
act toward not to exceed
one step-increase, legisla-
tive history of 1962
amendment failing to in-
dicate any intention to
change interpretation that
computation of service
requirements for entitle-
ment to step-increase is
not limited to service in
same grade or under same
pay system, so long as
employee had served req-
uisite service without "an
equivalent increase-----
Employee who upon promo-

tion to grade GS-4 re-
tained top longevity step
rate of compensation of
GS-3 grade to which ad-
vanced in July 1961, rate
of compensation in grade
GS-4 between top sched-
uled rate and first longev-
ity rate, and who on ef-
fective date of Federal
Salary Reform Act, 1962
amendments to Classifica-
tion Act of 1949, is
given step 8 of GS-4 un-

249

Periodic step-increases-Continued
Service credits-Continued
Effect of Federal Salary Re-
form Act of 1962-Con.

der initial adjustment pro-
vision of sec. 602 (b) (8),
which increase was not
equivalent to within-grade
increase, is entitled in de-
termining creditable serv-
ice performed prior to
effective date of act, pur-
suant to sec. 602 (b) (10),
to begin 156-calendar
week waiting period pre-
scribed by sec. 603, which
relates to step-increases,
from date of last equiva-
lent increase, July 1961__
Time in grade v. time in rate-
in initial adjustment of
basic rates of compensation
of civilian employees pur-
suant to Classification Act
Amendments of 1962, under
sec. 602(b) (10), prescrib-
ing that service prior to ef-
fective date provided by
section shall be counted
toward not to exceed one
periodic step-increase under
time in grade provision of
701(a), Classification
Act of 1949, as amended by
sec. 603 of 1962 act, phrase
"time in grade" is descrip-
tive and time in rate and not
total service in grade is de-
termining factor in setting
proper salary step in grade
under initial adjustment
provisions of act; therefore,
GS-13 employee who did not
have 3 years of service in
step 7 required by sec.
701(a)(3) may not be placed
in step 8, notwithstanding
completion of 12 years of
service eligibility require-
ment, and GS-11 employee
who had not completed 52
weeks of service prescribed
by sec. 701 (a) (1) for step-
increase, but had 3 years in
grade is not entitled to
step 4.

sec.

Special eleventh step--employee in
7th step of GS-3 who had com-
pleted all requirements for
three longevity increases and
was entitled to be advanced
to third longevity step (10th
step) prior to Oct. 14, 1962,
effective date of Federal Sal-
ary Reform Act, which

Page

380

320

722-809 O-64-52

COMPENSATION-Continued

Periodic step-increases-Continued

amended Title VII of Classifi-
cation Act of 1949 (5 U.S.C.
1121-1125) may be regarded
as having been in 10th step of
his grade immediately prior to
effective date of amendatory
act and thus advanced to "spe-
cial eleventh step" on Oct. 14,
1962, by operation of sec.
602 (b) (2) of act, which estab-
lished special step as equiva-
lent within-grade increment to
employees in grades GS-3 and
lower, right of employee to
third longevity step having
vested before new act went
into effect and, therefore, em-
ployee is entitled to have his
compensation fixed at special
11th step rate without regard
to sec. 602(b)(1), requiring
employees in 7th step of GS-3
immediately prior to effective
date of act to be advanced to
step 8-

Waiting period commencement
Effect of amendatory act

Employees who completed
required service for step-
increase on Oct. 13, 1962,
day before effective date
of Classification Act
Amendments of 1962,
which amended Title VII
of Classification Act of
1949, 5 U.S.C. 1121-1125,
to increase waiting period
for certain step-increases,
are regarded as having
vested right to step-
increase before new act
went into effect and, ac-
cordingly, are entitled to
have their compensation
fixed at next step rate
without regard to addi-
tional waiting period re-
quired under amendatory

act__
Service credits which em-
ployees had earned toward
longevity step-increases
prior to Federal Salary
Reform Act of 1962, 5
U.S.C. 1171, which elimi-
nated 10-year service re-
quirement for advance-
ment to former longevity
steps may be credited
toward only one of three
top steps provided by new
act in view of service
credit restriction in sec.
602 (b) (10); therefore,
employee who prior to new

Page COMPENSATION--Continued

249

202

Periodic step-increases-Continued
Waiting period commencement-
Continued

act had completed 9 con-
tinuous years of service at
maximum scheduled rate
of his grade toward 10-
year service eligibility re-
quirement for longevity
step-increase is only en-
titled to one step-increase,
advancement to 8th step,
and having lost balance
of his service credit, he
must serve further 156
weeks for eligibility to
9th step, and another 156
weeks before advancement
to 10th step---

Postal Service

Downgrading

Saved compensation

Other than in Postal Serv-
ice employee who, after
voluntary transfer with-
out break in service from
classification act position
under which he had salary
retention rights to postal
service, is reduced in
salary in his postal field
service position after ef-
fective date of salary re-
tention benefits applicable
to postal employees in 39
U.S.C. 3560 is precluded
from having his service in
classification act position
counted toward two con-
tinuous years of service
requirement for salary re-
tention eligibility in view
of specific language in 39
U.S.C. 3560 (b) (4) requir-
ing two continuous years
of service "in the postal
field service" and of defini-
tion "salary standing" in
39 U.S.C. 3560 (a) (1)
which excludes salary
and grade of classification
act position---
Service above 16 level-postal

field service employee who
served in PFS level 20 be-
fore he was transferred to
another office at level 15
from which position he
was reduced to level 14
is precluded by reason of
definition of "salary
standing" in 39 U.S.C.
3560 (a) (1), which ex-
cludes salary levels 17
through 20, from having
service in level 20 counted

Page

249

100

COMPENSATION-Continued

Postal Service-Continued
Downgrading-Continued

Saved compensation-Continued

as

toward two continuous
years' service with same
or higher salary standing
as required in 39 U.S.C.
3560 (b) (4) for eligibility
for salary retention-----
Two-year requirement-upon
reduction of route mileage,
retained compensation of
rural mail carrier under 39
U.S.C. 3560, sec. 201, act
of Sept. 21, 1961,
amended by sec. 715 of
Postal Employees Salary
Adjustment Act of 1962,
may not be based on longer
route in which he had
served prior to reduction
for 104 weeks, period just
short of 2 calendar years
provided by 39 U.S.C. 3560
for eligibility to salary re-
tention upon demotion,
legislative history of 1961
act indicating no Congres-
sional intent that required
2-year period under re-
tained compensation provi-
sions should be regarded
same as 104 weeks.
Longevity and periodic step-
increases-creditable service-
postal field service employee
appointed as acting postmaster
under temporary appointment
authority of 39 U.S.C. 3315(b),
who is considered temporary
employee within meaning of
39 U.S.C. 3554 and limited to
entrance step of PFS-6 grade
to which appointed until date
of promotion to grade PFS-7
and to entrance step of grade
7 until conversion to position
of career postmaster is en-
titled upon conversion to per-
manent position to credit for
period of temporary service as
acting postmaster in determin-
ing appropriate step in salary
level 7 of permanent position to
which converted, 39 U.S.C.
3553 authorizing credit for
service under temporary ap-
pointment for purpose of step-
increases when temporary
service is continuous to date
of appointment to position of
unlimited duration___-.

Promotions

Erroneous-administrative reclassi-
fication-agency reclassifica-
tion of position to grade GS-5

Page

100

393

405

COMPENSATION-Continued
Promotions-Continued

after certification of position
as grade GS-4 by Civil Service
Commission and demotion of
incumbents with retention
rights pursuant to 5 U.S.C.
1107 was not within scope of
agency's authority under sec.
502, Classification Act of
1949, 5 U.S.C. 1107, to classify
positions originally, or to re-
classify such positions, and
agency lacking authority to re-
classify positions classified by
Commission, action taken was
without legal effect to deprive
employees of statutory right to
retained salary and they
should be restored to save pay
status, and employees promoted
to GS-5 grade on basis of ad-
ministrative reclassification ac-
tion, although required to be
downgraded to GS-4, may be
prospectively restored to steps
of grade they would have at-
tained without regard to erro-
neous promotion___.
Subsequent to downgrading-un-
der promotion increase rules
in sec. 802 (b) of Classifica-
tion act of 1949, as amended
by sec. 604 (a), Classification
Act Amendments of 1962, 5
U.S.C. 1132(b), employee who
had been demoted more than
two grades and then was pro-
moted to intervening grade
while receiving saved rate of
compensation under sec. 507
of act, which rate exceeds
maximum rate of grade to
which promoted, may not have
saved rate considered as per-
manent or indefinite rate in
absence of any indication that
salary retention provisions
were amended by 1962 amend-
ment to sec. 802 (b), and, there-
fore, upon expiration of 2 years
from date of demotion action,
employee's rate of compensa-
tion is for computation under
part (A) of sec. 802 (b), which
provides for rate of compen-
sation two-steps above rate of
gradef rom which promoted__
Rates-highest previous rate-con-
sultant service to permit em-
ployment as consultant on inter-
mittent basis under sec. 15,
Administrative Expenses Act of
1946, 5 U.S.C. 55a, to be con-
sidered first employment when
consultant is appointed to regular
full time position for purpose of

Page

521

702

COMPENSATION-Continued

fixing his compensation above
minimum rate for grade would
not only be evasion of within-
grade waiting requirements for
advancement to higher steps in
grades but would be contrary to
spirit and intent of Classifica-
tion Act of 1949; therefore, fixing
of salary of consultant employed
under sec. 15 of 1946 act when he
is appointed to regular position
at rate of compensation based on
his per diem rate which is above
minimum rate for grade of regu-
lar position is not proper‒‒‒‒‒‒
Reemployment-after military duty-

delay-civilian employee of Se-
lective Service System who when
furloughed to military service
was in grade CAF-13 and who
upon return after 12 years' active
military service on detail to Se-
lective Service is appointed to
grade GS-15, step e, on basis
that he would have been pro-
moted and would have progressed
to that grade and step had he
remained civilian employee was
ineligible for appointment above
minimum step of grade GS-15
and is, therefore, indebted for
excess compensation received, 5
U.S.C. 1121 (2) (C) preserving
only step-increases for civilian
employees in military service,
and sec. 9, Universal Military
Training and Service Act, June
24, 1948, as amended, 50 U.S.C.
App. 459, authorizing preserva-
tion of grade promotions only for
employees restored to civilian em-
ployment after not more than 4
years' military service____
Removals, suspensions, etc.-travel,

etc., expenses-transportation of
household effects of overseas em-
ployee in excess of authorized
weight allowance incident to re-
duction-in-force action which, on
appeal, is determined to have
been improper, does not come un-
der back pay act of Aug. 24, 1912,
as amended, 5 U.S.C. 652, which
authorizes only payment of com-
pensation not incidental ex-
penses for improper removals, but
must be considered as transporta-
tion incident to return of over-
seas employee for reasons beyond
his control, subject to weight al-
lowance limitations in sec. 7 of
Administrative Expenses Act of
1946, 5 U.S.C. 73b-3, and E.O.
No. 9805, as amended; therefore,
employee may not be relieved of
payment for excess weight costs

Page COMPENSATION-Continued

114

585

in transportation of his house-
hold effects to U.S. and return to
overseas station upon restora-
tion to duty--.

Wage board employees

Conversion to classified positions
(wage board employees) was
without force and effect and
did not vitiate right of em-
ployees conferred by sec. 202
Erroneous-administrative ac-

tion changing positions from
wage board system of pay to
Classification Act grades
without concurrence of Civil
Service Commission and

notwithstanding Commission
under sec. 203 of Classifica-
tion Act of 1949, 5 U.S.C.
1081, had for years consid-
ered positions excluded from
act pursuant to sec. 202(7),
5 U.S.C. 1082 (7), which con-
cerns prevailing rate em-
ployees in trades, crafts, etc.
(wage board employees) was
without force and effect and
did not vitiate right of em-
ployees conferred by вес.
202(7) to be paid under
wage board system; there-
fore, loss of pay to employees
because of erroneous change
of wage board positions to
Classification Act system
may be adjusted retroac-
tively if no change of duties
but only lawful rate of pay
for duties actually per-
formed was involved___
Reconversion

-

retroactive

--

upon retroactive restoration
to wage board grades and
pay by Civil Service Com-
mission, veterans preference
employees, who under sec. 14
of Veterans Preference Act
of 1944 had successfully ap-
pealed administrative con-
version of their positions
from wage board system of
pay to Classification Act
system, because of loss of
pay, as well as employees
with veterans preference
who had been administra-
tively restored to their wage
board grades and pay on
basis of successful appeal,
are entitled to difference be-
tween pay received under
Classification Act grades
and greater pay they would
have received under wage
board system but for admin-
istrative error--

Page

332

164

164

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