COMPENSATION-Continued Overtime-Continued
Page | COMPENSATION-Continued Periodic step-increases
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
Earned toward longevity in-
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
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
Page COMPENSATION-Continued
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-
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.
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
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
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---
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
COMPENSATION-Continued
Postal Service-Continued Downgrading-Continued
Saved compensation-Continued
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___-.
Erroneous-administrative reclassi- fication-agency reclassifica- tion of position to grade GS-5
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
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
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
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--
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