CLASSIFICATION-Continued
Allocation or reallocation of positions-Con.
Salary changes-Continued

tral office to lower grade and again
allocated finally to higher grade and
who performed duties of grade may
have waiting period for his within-
grade salary advancement computed
from time of tentative allocation......
Saved compensation:

Civil Service Com. is authorized under
Classification Act of 1949 to promul-
gate regulation saving to employees
salaries attached to positions real-
located downward, where employees
occupied positions on effective date of
title VI of act-establishing basic
compensation schedules-which im-
mediately prior to such date were
subject to Classification Act of 1923,
as amended and which were initi-
ally allocated to any of grades of
Classification Act of 1949 and there-
after reduced so long as such em-
ployees remain in same positions
which they occupied on effective
date of title VI of act...
Continuous

retention of position

requirement:
Civil Service Com. regulation, pro-
mulgated pursuant to Classifica-
tion Act of 1949, saving to em-
ployees salaries attached to posi-
tions reallocated downward is ap-
plicable only so long as such em-
ployees remain in same positions
which they occupied on effective
date of title VI of act, and there-
fore, where employee, whose rate
of compensation is saved under
regulation, ceases to occupy posi-
tion of which he was incumbent
on effective date of title VI of act,
and thereafter is restored to such
position, his rate of compensation
must be reduced to that otherwise
provided for grade in which his
position is allocated......
Under saved compensation provi-
sion of Federal Employees Pay
Regs. saving to employees salaries
attached to positions reallocated
downward, employees who oc-
cupied positions which were real-
located downward subsequent to
effective date of title VI of Clas-
sification Act of 1949, are entitled
to saved pay benefits of regulation
only if they continue to occupy
same positions..............

Simultaneous within-grade advance-
ment-employee whose position is
reallocated to higher grade on same
date he becomes eligible for within-
grade advancement under provisions

Page CLASSIFICATION-Continued
Allocation or reallocation of positions-Con.
Salary changes-Continued

292

201

537

of sec. 701 (a) of Classification Act of
1949, as amended, is entitled to have
said within-grade advancement in-
cluded in his existing rate of basic.
compensation in fixing under sec. 802
(b) his basic rate of compensation for
higer grade.---
Exemptions. See Appointments, Civil Serv-
ice laws and Classification Act exemptions.

CLOTHING:
Uniforms-Naval

Reservists-allowances-
Regular Navy officer, commissioned pur-
suant to act of Aug. 13, 1946, as amended,
who was not selected for retention as per-
manent officer of Regular Navy and who,
upon termination of his original commis-
sion and acceptance of appointment as
officer in Naval Reserve, was continued
on active duty for limited period pending
receipt of orders separating him from his
Regular Navy status, is not entitled to
uniform gratuity authorized by sec. 302 of
Naval Reserve Act of 1938. upon first re
porting for active duty as Reserve officer..

COLLECTIONS:
Accounting, disposition, etc.:
Appropriations, funds, etc.-adjustment
procedure-Acctg. Sys. Memo. 9-Sec-
ond Rev., Supp. 4, Nov. 16, 1951...
Civil Service Retirement and Disability
Fund Receipts-procedure-Acctg. Sys.
Memo. 20, Dec. 21, 1951.............
Special Trust, Revolving and Deposit
Fund Collections procedure:
Acctg. Sys. Memo., Supp. 1, Sept. 18,
1951...

Acctg. Sys. Memo. 17, Supp. 2, Dec. 21,
1951...

COLLEGES, SCHOOLS AND UNI-
VERSITIES:

Pag

62

Page

551

774

78686

777

778

Tuition-Special traini for officers and
employees-appropriation availability-
appropriation "Salary and Expenses,
Forest Service" is available for payment
of expenses incurred by employee of Forest
Service in attending course of instruction
of brief duration at university for training
in identification and grading of hardwood
lumber incident to his official duties.... 623

COMPENSATION:
Additional:

Night work.
work.
Veterans Administration medical person-
nel-the 25 percent allowance in addi-
tion to compensation, authorized under
sec. 4 (b) of Classification Act of 1949,
as amended, for medical, surgical and

See Compensation, night

COMPENSATION-Continued

Additional-Continued

dental specialists in Dept. of Medicine
and Surgery. Veterans Adm. is to be
computed upon basic compensation of
such employees as increased by sec. 4 (a)
of act, subject to $12,800 per annum ag-
gregate limitation prescribed therein....
Aggregate limitation:

Compensation to be included-allowances
and differentials-cost-of-living allow-
ance for judicia! positions outside U. S.—
payment of differential (cost of iving
allowance) to law clerks of U. S. Dist.
Ct. for Dist. of Hawaii under 28 U.S.C.
604 (a) (5) which authorizes Dir., Ad
ministrative Office of U. S. Cts., to fix
compensation of law clerks and other
employees of court whose compensation
is not otherwise fixed by law is to be
regarded as "additional compensation."
and therefore, must be considered in
computing aggregate compensation
limitation that may be paid to secre-
taries and law clerks of judges under
Judiciary Appro. Act of 1952, as
amended..

Part-time positions-retroactive salary
payments-employees performing part-
time duties in classified positions under
excepted appointments subject to Civil
Service Reg. 6.101 are compensated in
accordance with rates prescribed in
Classification Act of 1949. as amended,
and while retroactive increase provided
by amendatory act of Oct. 24 1951, has
effect of causing such employees to re-
ceive compensation in excess of $900 per
annum. limitation prescribed for except-
ing their positions from competitive
system, such excess is not to be con-
sidered as depriving employees of retro-
active increase in compensation author-
ized by amendatory act...

Page COMPENSATION-Continued
Deductions-Continued

226

466

314

318

De facto officers and employees. See Offi
cers And Employees, de facto, compensation.
Demotions. See Compensation, reduction.
Differentials. See Allowances and differ-
entials.

Discharges and dismissals:

Compensation for period between separa-

tion without cause and reinstatement:
Actual restoration to duty requirement-
employee who successfully appealed,
under sec. 14 of Veterans' Preference
Act of 1944, his separation in reduction
in force, and who declined to accept
position administratively offered for
reason that position was not grade to
which he was entitled under Civil
Service Commission's recommenda-
tion for his restoration to duty, may
not be considered as having been re-
stored to duty within meaning of
"back pay" provisions of sec. 6 (b) (2)
of act of June 10, 1948, so as to be en-
titled to compensation for period of
improper removal.....

Reduction in force demotion constitut-

ing discharge-transfer by employee
to position in lower grade, to avoid
separation by reduction in force, does
not constitute removal from service
within "back pay" provisions of act
of Aug. 24, 1912, as added by act of
June 10, 1948, so as to entitle said em-
ployee to difference in salary between
position held prior to transfer and
lower grade position to which trans-
ferred.
District of Columbia employees. See Dis-
trict of Columbia.
Double:

Additional fee-basis employment---Gal-
linger Hospital physician employed on
fee basis-payment of fees from appro-
priated unds for service rendered on
behalf of U. S.. in separate cases, by
psychiatrists employed at Gallinger
Hospital does not constitute violation of
dual compensation statutes.....
Concurrent retired and civilian service pay:
Enlisted men retraoctively advanced to
commissioned rank on retired list-
retired enlisted man of Navy who is
advanced on retired list, retroactively
to date of his retirement, to commis
sioned rank pursuant to provisions of
act of July 24, 1941, as amended, is not
subject to restrictions of sec. 212 of act
of June 30, 1932, as amended, prohibit
ing receipt of civilian compensation and
retired pay in excess of combined rate
of $3,000, prior to date of order retro-
actively advancing him on retired list.

Provisions of sec. 212 of Economy
Act, as amended, limiting to $3,000
per annum combined rate of re-
tired pay and civilian compensa.
tion which may be received by
retired officer holding civilian
position, are applicable in case of
retired naval officer intermittently
employed as consultant on time
basis, only on days he receives
compensation for his civilian posi-
tion, and on all other days, includ-
ing Saturdays Sundays, and holi-
days, when he is not performing
civilian duties he is entitled to
retired pay...
Provisions of sec. 212 of Economy
Act, as amended limiting to $3,000
per annum combined rate of re-
tired pay and civilian compensa
tion which may be received by re-
tired officer holding civilian office
or position, are applicable in case
of retired officer who is appointed
member of National Security
Training Com, at per diem rate of
pay when actually working and
therefore, such officer is not en-
titled to receive his retired pay on
those days he is in receipt of com-
pensation for service as member of
such commission..

Retired judges holding federal posi-
tions-in view of dual compensation
restriction in act of Aug. 29, 1916, as
amended, judge of Municipal Court of
Appeals of Dist. of Col. who receives
retirement salary provided under act
of Apr. 1, 1942, may not in addition
thereto receive compensation attach-
ing to position or office with Federal
Govt. nor may he waive retirement
salary for purpose of accepting said
compensation......
Retired judges holding positions with
international organizations-Judge of
Municipal Court of Appeals of Dist.
of Col. who receives retirement salary
provided under act of Apr. 1, 1942, may
accept compensation as employee of
international agency, such as United
Nations, International Bank for Re-
construction and Development or
International Labor Organization,
without violating dual compensation
and employment statutes..
Retired judges holding State, municipal,
etc., positions-Judge of Municipal
Court of Appeals of Dist. of Col. who

Concurrent employment while on leave
without pay-employment by Con-
gressional Committee-employee on
leave without pay from Govt. agency
may be employed by temporary Con-
gressional Committee without contra-
vening act of July 31, 1894, as amended,
prohibiting persons whose annual com-
pensation in one office amounts to
$2,500 dollars or more from holding an-
other office to which compensation is
attached unless specifically authorized
by law--

Scholarship allowance and compensa-
tion for agency duties-employee who
was granted one-year leave of absence
from his position to accept scholarship
of limited duration, awarded by Dept.
of State and Board of Foreign Scholar-
ships pursuant to act of Aug. 1, 1946,
and who during leave of absence re-
ceived payment for scrap survey con-
ducted for his agency while drawing
allowance under scholarship is not to
be considered as having violated any
of dual employment or compensation
statutes....

Retainer pay and training duty pay-re-
tainer pay granted sec. 9 (a) of Aug. 13,
1946, to assist Naval Reserve officers to
complete their education under Navy
auspices is not "retainer pay" within
purview of that term as used in sec. 10
of act of Aug. 1946, prohibiting con-
current receipt of monetary benefits for
disability or age as result of prior military
service and pay and allowances for active
duty in another capacity, and therefore,
officer may receive concurrently retainer
pay under said sec. 9 (a) and pay for
inactive duty training or active duty for
training....

Retired judges holding territorial govern-
ment positions-in view of dual com-
pensation restriction in act of Aug. 29,
1916, as amended, judge of Municipal
Court of Appeals of Dist. of Col. who
receives retirement salary provided
under act of Apr. 1, 1942, may not in
addition thereto receive compensation
of position of office with territorial gov
ernment such as Alaska, Virgin Islands,
Puerto Rico or Hawaii..

Page

505

414

670

249

505

COMPENSATION-Continued
Holidays. See Sundays and Holidays,

compensation.

Increases:

Classified positions:

Civil Service Commission classification
determination-temporary employees
of Dept. of Labor whose salaries are
paid from appropriation for revision
of Consumers' Price Index which
vests authority in Sec. of Labor to fix
compensation of employees engaged
upon such work without regard to
civil service and classification laws, but
who for administrative reasons are
regarded as occupying classified posi
tions, are not entitled to increase in
compensation authorized by increased
compensation amendment to Classi-
fication Act of 1949, in absence of final
determination by Civil Service Com.
that such employees occupy positions
subject to said 1949 act....
Computation:

to

Employees receiving rate above new
maximum scheduled rate:
Employees who on enactment date
of increased compensation amend
ment to Classification Act of 1949
are receiving rate of pay between
maximum scheduled rate and
first longevity step for grade of
their positions are to have their
salary advanced, under sec. 1
(b) (2) (A) of act, to first longevity
rate of their grade, and must
complete three years of contin-
uous service at that rate before
becoming eligible for advance-
ment to second longevity rate..
Under sec. 1 (b) (2) (B) of increased
compensation amendment
Classification Act of 1949 provid-
ing for increase in compensation
only in those grades which have
longevity steps, employee who is
receiving rate of pay above maxi-
mum scheduled rate of grade in
which there are no longevity steps
is not entitled to adjustment in
his compensation.....
Employee whose unclassified posi-
tion was classified under Classi
fication Act of 1949 in grade with
no longevity step and whose rate
of pay, which was above maxi-
mum scheduled rate of grade was
saved under sec. 1105 (b) of act, is
not entitled to salary adjustment
under sec. 1 (b) of increased com-
pensation amendment of Oct. 24,
1951, to act; however, as em-
ployee's saved salary is less than
new maximum scheduled rate
established by said amendment
for grade he is entitled from effec-
tive date thereof to be advanced

Page COMPENSATION-Continued

Increases-Continued

Classified positions-Continued

Computation-Continued

Employees receiving rate above new
maximum scheduled rate-Con.
to higher salary step under within-
grade promotion provisions of
sec. 701 of act, as amended..................
Overtime, night differential. foreign
or territorial allowances, etc., during
retroactive salary period-under
increased compensation amendment
to Classification Act of 1949, em-
ployees who between effective date
of amendment and its approval
received overtime compensation,
night differential and foreign or
territorial cost of living allowances
based on percentage of gross basic
pay must have their status for pay
purposes reconstructed and neces-
sary adjustments made to reflect
net results had amendment been
applied currently at time compen-
sation was paid..................
Down-graded employees covered by
saved pay regulations-under in-
creased compensation amendment to
Classification Act of 1949 employee
whose position was down-graded but
whose salary was saved in accordance
with sec. 25.103 (e) of Federal Em-
ployees Pay Regs. is entitled to in-
creased rate for his position, so that
his salary rate would be increased by
operation of law to corresponding
scheduled rate shown in amended pay
schedules...
Employees in unclassified positions:
Retroactive compensation provision
of increased compensation amend-
ment to Classification Act of 1949
for those classes of employees occupy-
ing positions compensation and
standards of which are fixed by
Classification Act, does not apply
to employees of Bur. of Census
occupying ungraded positions sal-
aries of which are authorized by
statute to be fixed administratively,
even though compensation schedules
of Classification Act have been
adopted for such employees......
Temporary employees of Dept. of
Labor whose salaries are paid from
appropriation for revision of Con-
sumers' Price Index which vests
authority in Sec. of Labor to fix
compensation of employees engaged
upon such work without regard to
civil service and classification laws,
but who for administrative reasons
are regarded as occupying classified
positions, are not entitled to increase
in compensation authorized by in-
creased compensation amendment

COMPENSATION-Continued

Increases-Continued

Classified positions-Continued
Employees in unclassified positions-Con.
to Classification Act of 1949, in
absence of final determination by
Civil Service Com. that such em-
ployees occupy positions subject to
said 1949 act------
Heads of departments and agencies:
Administrative Assistant Secretary of
Interior-position of Administrative
Assistant Sec. of Interior, which was
created and placed under classified
civil service pursuant to Reorganization
Act of 1949 with annual salary rate
fixed at $14,000 per annum-salary
rate which happens to coincide with
rate established for classification
act grade is not subject to Classi
fication Act of 1949, as amended, and
therefore, salary rate prescribed for
said position may not be increased
under 1949 act, as amended......
Public Printer and Deputy Public
Printer-salaries of Public Printer
and Deputy Public Printer which
were fixed at $15,000 per annum and
$14,000 per annum, respectively by
act of Oct. 15, 1949, are not affected
by salary increases authorized by
either title I of Second Supplemental
Appro. Act, 1950, or by sec. 2 (a)
of act of Oct. 24, 1951, to be paid
certain other employees of legislative
branch of Govt......................

Retroactive salary

payments. See

Compensation, increases, retroactive
salary payments.

Unclassified position changed to classi-
fied-saved pay less than new maxi-
mum scheduled rate-employee whose
unclassified position was classified un-
der Classification Act of 1949 in grade
with no longevity step and whose rate
of pay, which was above maximum
scheduled rate of grade, was saved
under sec. 1105 (b) of act, is not en-
titled to salary adjustment under sec.
1 (b) of increased compensation amend-
ment of Oct. 24, 1951, to act; however,
as employee's saved salary is less than
new maximum scheduled rate estab
lished by said amendment for grade he
is entitled from effective date thereof,
to be advanced to higher salary step
under within-grade promotion provi-
sions of sec. 701 of act, as amended...
Heads of Departments and Agencies:
District of Columbia Rent Control Ad-
ministrator-provisions of sec. 2 of act
of Oct. 25, 1951, authorizing Dist. of
Col. Commissioners to grant addi-
tional compensation to employees of
Dist. of Col. whose compensation is

Increases-Continued

Heads of Departments and Agencies-
Continued

fixed and adjusted from time to time
by wage board, or whose compensa-
tion is fixed without reference to Clas-
sification Act of 1949, as amended, or
whose compensation is limited or fixed
specifically by provisions of Dist. of
Col. Appro. Act, 1952, are not appli
cable to position of Administrator of
Rent Control for Dist. of Col. whose
salary is specifically fixed by statute..
Exclusion from classified position

increases:

Salaries of Public Printer and Deputy
Public Printer which were fixed at
$15,000 per annum and $14,000 per
annum, respectively, by act of Oct.
15, 1949, are not affected by salary
increases authorized by either title I
of Second Supplemental Appro. Act,
1950, or by sec. 2 (a) of act of Oct. 24,
1951, to be paid certain other em-
ployees of legislative branch of
Govt..
Position of Administrative Assistant
Sec. of Interior, which was created
and placed under classified civil
service pursuant to Reorganization
Act of 1949 with annual salary rate
fixed at $14,000 per annum-salary
rate which happens to coincide with
rate established for classification act
grade is not subject to Classifica-
tion Act of 1949, as amended, and
therefore, salary rate prescribed for
said position may not be increased
under 1949 act, as amended.................
Point IV employees-in view of policy of
Technical Cooperation Adm., adopted
pursuant to Act for International Devel-
opment, that rates of compensation of
employees who are assigned to duty
overseas on Point IV programs would
be comparable with rates established by
Foreign Service Act of 1946, as amended,
administrative action taken on Oct. 29,
1951, authorizing adjustment in rates of
such Point IV employees. may be con-
sidered as having authorized cooperating
agencies to compensate their employees
at increased rates as of effective date
thereof...

Retroactive salary payments:

Central Intelligence Agency employees-
extraordinary powers conferred upon
Central Intelligence Agency by sec. 10
of Central Intelligence Act of 1949, to
carry out its functions do not include
authority for payment to Agency's
employees-not subject to Classifica-
tion Act of 1949 as amended-of retro-
active increases in compensation