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Allocation or reallocation of positions-Con,
Salary changes Continued

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 Sero-

ice laws and Classification Act eremptions.



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. 551



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,

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







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....



Night work See Compensation, night

Allocation or reallocation of positions-Con.
Salary changesContinued

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

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 0C
cupied positions which were real-
located downward subsequent to
eflective 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

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




Deductions Continued

Purchase of Government bonds. See
dental specialists in Dept. of Medicine

Bonds, Government, savings bonds, pur
and Surgery. Veterans Adm. is to be
computed upon basic compensation of

chase by payroll deductions.

Taxes. See Tares.
such employees as increased by sec. 4 (a)

De facto officers and employees. See Offi
of act, subject to $12,800 per annum ag.

cets And Employees, de facto, compensation.
gregate limitation prescribed therein.... 226

Demotions. See Compensation, reduction.
Aggregate limitation:

Differentials. See Allowances and differ-
Compensation to be included-allowances

and differentials-cost-of-living allow-

Discharges and dismissals:
ance for judicial positions outside U. S.-

Compensation for period between separa-
payment of differential (cost of iving

tion without cause and reinstatement:
allowance) to law clerks of U. S. Dist.

Actual restoration to duty requirement-
Ct. for Dist. of Hawaii under 28 U.S.C.

employee who successfully appealed,
604 (a) (5) which authorizes Dir., Ad.

under sec. 14 of Veterans' Preference
ministrative Office of U S. Cts., to fix

Act of 1944, his separation in reduction
compensation of law clerks and other

in force, and who declined to accept
employees o! court whose compensation

position administratively offered for
is not otherwise fixed by law. is to be

reason that position was not grade to
regarded as "additional compensation."

which he was entitled under Civil
and therefore, must be considered in

Service Commission's recommenda
computing aggregato compensation

tion for his restoration to duty, may
limitation that may be paid to secre-

not be considered as having been re-
taries and law clerks of judges under

stored to duty within meaning of
Judiciary Appro. Act of 1952,

"back pay" provisions of sec. 6 (b) (2)


of act of June 10, 1948, so as to be en-
Part-time positions-retroactive salary

titled to compensation for period of
payments-employees performing part-

improper removal..

time duties in classified positions under

Reduction in force demotion constitut-
excepted appointments subject to Civil

ing discharge-transfer by employee
Service Reg. 6.101 are compensated in

to position in lower grade, to avoid
accordance with rates prescribed in

separation by reduction in force, does
Classification Act of 1949, as amended,

not constitute removal from service
and wbile retroactive increase provided

within “back pay" provisions of act
by amendatory act of Oct. 24 1951, has

of Aug. 24, 1912, as added by act of
effect of causing such employees to re

June 10, 1948, so as to entitle said em-
ceive compensation in excess of $900 per

ployee to difference in salary between
annum limitation prescribed for except.

position held prior to transfer and
ing their positions from competitive

lower grade position to which trans-
system, such excess is not to be con-

sidered as depriving employees oi retro-

District of Columbia employees. See Dis-
active increase in compensation author

trict of Columbia.
ized by amendatory act.



Additional fee-basis employment--Gal-
Appropriation availability See Personal

linger Hospital physician employed on
services, appropriation availability.

fee basis--payment of lees from appro-

priated unds for service rendered on
Automatic-civilian employees. See Com-

behalf of U. S.. in separate cases, by
pensation, periodic within-grade adrance-

psychiatrists employed at Gallinger

Hospital does not constitute violation of

Classification. See Classification.

dual compensation statutes..

Concurrent retired and civilian service pay:

Enlisted men retraoctively advanced to
Outside earnings of suspended employees

commissioned rank on retired list-
restored to duty-in making payment of

retired enlisted man of Navy who is
compensation for periods of employee's

advanced on retired list, retroactively
unjustified suspension from service

to date of his retirement, to commis
under acto Aug. 24, 1948, as amended

sioned rank pursuant to provisions of
by act of June 10, 1948, deductions for

act o: July 24, 1941, as amended, is not
earnings through other employment

subject to restrictions of sec. 212 of act
during period involved are not for

of June 30, 1932, as amended, prohibit
transfer to miscellaneous receipts but

ing receipt of civilian compensation and
should remain to credit olsalary ap

retired pay in excess of combined rate
propriation from which paymen. is

of $3,000, prior to date of order retro-


actively advancing him on retired list. 619


[blocks in formation]

actually employed” employment:
Consultants, experts, board members

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

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. wbo


Concurrent retired and civilian service

receives retirement salary provided
under act of Apr. 1, 1942, is not pro-
hibited by dual compensation and
employment statutes from accepting
compensation as employee of State or
municipal government ОГ agency
having no connection with Federal or
Dist. of Col. Govts...

Leaves of absence:
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

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. 2, 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

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
505 addition thereto receive compensation

of position of office with territorial gov.
ernment such as Alaska, Virgin Islands,
Puerto Rico or Hawaii....






Page | COMPENSATION-Continued
Holidays. See Sundays and Holidays,


Classified positions-Continued

Classified positions:

Employees receiving rate above new
Civil Service Commission classification

maximum scheduled rate-Con.
determination--temporary employees

to higher salary step under within-
of Dept. of Labor whose salaries are

grade promotion provisions of
paid from appropriation for revision

sec. 701 of act, as amended.....
of Consumers' Price Index which

Overtime, night differential. foreign
vests authority in Sec. of Labor to fix

or territorial allowances, etc., during
compensation of employees engaged

retroactive salary

upon such work without regard to

increased compensation amendment
civil service and classification laws, but

to Classification Act of 1949, em-
who for administrative reasons are

ployees who between effective date
regarded as occupying classified posi.

of amendment and its approval
tions, are not entitled to increase in

received overtime compensation,
compensation authorized by increased

night differential and foreign or
compensation amendment to Classi.

territorial cost of living allowances
fication Act of 1949, in absence of final

based on percentage of gross basic
determination by Civil Service Com.

pay must have their status for pay
that such employees occupy positions

purposes reconstructed and neces-
subject to said 1949 act...


sary adjustments made to reflect

net results had amendment been
Employees receiving rate above new

applied currently at time compen-
maximum scheduled rate:

sation was paid...---
Employees who on enactment date

Down-graded employees covered by
of increased compensation amend

saved pay regulations-under in-
ment to Classification Act of 1949

creased compensation amendment to
are receiving rate of pay between

Classification Act of 1949 employee
maximum scheduled rate and

whose position was down-graded but
first longevity step for grade of

whose salary was saved in accordance
their positions are to have their

with sec. 25.103 (e) of Federal Em-
salary advanced, under sec. 1

ployees Pay Regs, is entitled to in-
(b) (2) (A) of act, to first longevity

creased rate for his position, so that
rate of their grade, and must

his salary rate would be increased by
complete three years of contin.

operation of law to corresponding
uous service at that rate before

scheduled rate shown in amended pay
becoming eligible for advance-

ment to second longevity rate.. 166 Employees in unclassified positions:
Under sec. 1 (b) (2) (B) of increased

Retroactive compensation provision
compensation amendment to

of increased compensation amend.
Classification Act of 1949 provid-

ment to Classification Act of 1949
ing for increase in compensation

for those classes of employees occupy.
only in those grades which have

ing positions compensation and
longevity steps, employee who is

standards of which are fixed by
receiving rate of pay above maxi.

Classification Act, does not apply
mum scheduled rate of grade in

to employees of Bur. of Census
which there are no longevity steps

occupying ungraded positions sal-
is not entitled to adjustment in

aries of which are authorized by
his compensation.---..


statute to be fixed administratively,
Employee whose unclassified posi.

even though compensation schedules
tion was classified under Classi

of Classification Act have been
fication Act of 1949 in grade with

adopted for such employees......
no longevity step and whose rate

Temporary employees of Dept. of
of pay, which was above maxi-

Labor whose salaries are paid from
mum scheduled rate of grade was

appropriation for revision of Con-
saved under sec. 1105 (b) of act, is

sumers' Price Index which vests
not entitled to salary adjustment

authority in Sec. of Labor to fix
under sec. 1 (b) of increased com-

compensation of employees engaged
pensation amendment of Oct. 24,

upon such work without regard to
1951, to act; however, as em-

civil service and classification laws,
ployee's saved salary is less than

but who for administrative reasons
new maximum scheduled rate

are regarded as occupying classified
established by said amendment

positions, are not entitled to increase
for grade he is entitled from effec-

in compensation authorized by in-
tive date thereof to be advanced

creased compensation amendment



COMPENSATION-Continued Page | COMPENSATION-Oontinued Pago

Classified positionsContinued

Heads of Departments and Agencies
Employees in unclassified positions Con.

to Classification Act of 1949, in

fixed and adjusted from time to time
absence of final determination by

by wage board, or whose compensa-
Civil Service Com. that such em-

tion is fixed without reference to Clas-
ployees occupy positions subject to

sification Act of 1949, as amended, or
said 1949 act..


whose compensation is limited or fixed
Heads of departments and agencies:

specifically by provisions of Dist. of
Administrative Assistant Secretary of

Col. Appro. Act, 1952, are not appli-
Interior-position of Administrative

cable to position of Administrator of
Assistant Sec. of Interior, which was

Rent Control for Dist. of Col. whose
created and placed under classified

salary is specifically fixed by statute.. 393
civil service pursuant to Reorganization

Exclusion from classified position
Act of 1949 with annual salary rate

fixed at $14,000 per annum---salary

Salaries of Public Printer and Deputy
rate which happens to coincide with

Public Printer which were fixed at
rate established for classification

$15,000 per annum and $14,000 per
act grade-is not subject to Classi-

annum, respectively, by act of Oct.
fication Act of 1949, as amended, and

15, 1949, are not affected by salary
therefore, salary rate prescribed for

increases authorized by either title I
said position may not be increased

of Second Supplemental Appro. Act,
under 1949 act, as amended...... 359

1950, or by sec. 2 (a) of act of Oct. 24,
Public Printer and Deputy Public

1951, to be paid certain other em-
Printer-salaries of Public Printer

ployees of legislative branch of
and Deputy Public Printer which


were fixed at $15,000 per annum and

Position of Administrative Assistant
$14,000 per annum, respectively by

Sec. of Interior, which was created
act of Oct. 15, 1949, are not affected

and placed under classified civil
by salary increases authorized by

service pursuant to Reorganization
either title I of Second Supplemental

Act of 1949 with annual salary rate
Appro. Act, 1950, or by sec. 2 (a)

fixed at $14,000 per annum-salary
of act of Oct. 24, 1931, to be paid

rate which happens to coincide with
certain other employees of legislative

rate established for classification act
branch of Govt.


grade—is not subject to Classifica-
Retroactive salary payments. See

tion Act of 1949, as amended, and
Compensation, increases, retroactive

therefore, salary rate prescribed for
salary payments.

said position may not be increased

Unclassified position changed to classi-

under 1949 act, as amended.........
fied- saved pay less than new maxi-

Point IV employees-in view of policy of
mum scheduled rate-employee whose

Technical Cooperation Adm., adopted
unclassified position was classified un-

pursuant to Act for International Devel-
der Classification Act of 1949 in grade

opment, that rates of compensation of
with no longevity step and whose rate

employees who are assigned to duty
of pay, which was above maximum

overseas on Point IV programs would
scheduled rate of grade, was saved

be comparable with rates established by
under sec. 1105 (b) of act, is not en-

Foreign Service Act of 1946, as amended,
titled to salary adjustment under sec.

administrative action taken on Oct. 29,
1 (b) of increased compensation amend-

1951, authorizing adjustment in rates of
ment of Oct. 24, 1951, to act; however,

such Point IV employees, may be con-
as employee's saved salary is less than

sidered as having authorized cooperating
new maximum scheduled rate estab

agencies to compensate their employees
lished by said amendment for grade he

at increased rates as of effective date

is entitled from effective date thereof,
to be advanced to higher salary step

Retroactive salary payments:
under within-grade promotion provi-

Central Intelligence Agency employees-
sions of sec. 701 of act, as amended... 327

extraordinary powers conferred upon
Heads of Departments and Agencies:

Central Intelligence Agency by sec. 10
District of Columbia Rent Control Ad.

of Central Intelligence Act of 1949, to
ministrator-provisions of sec. 2 of act

carry out its functions do not include
of Oct. 25, 1951, authorizing Dist. of

authority for payment to Agency's
Col. Commissioners to grant addi-

employees-not subject to Classifica-
tional compensation to employees of

tion Act of 1949 as amended-of retro-
Dist. of Col. whose compensation is

active increases in compensation

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