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
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.
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:
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
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
Page COMPENSATION-Continued
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..
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:
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
Page COMPENSATION-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......................
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
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
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