Customs Service employees: Employees' entitlement prior to Gov- ernment reimbursement from par- ties in interest-Custom Service comployees entitled to additional compensation under retroactive compensation provision of increased compensation amendment to Classi- fication Act of 1949 who performed services between July 8 and Oct. 24, 1951, for parties in interest salary or compensation for which was reim- bursable to Govt. are entitled to retroactive pay increase whether or not parties in interest have paid or have been billed for compensation at old rates and it is not necessary that reimbursement from parties in interest be obtained prior to pay- ment of additional amounts to employees.... Liability of parties in interest for ret- roactive compensation payment— parties in interest for whom Customs Service employees performed serv- ices between July 8 and Oct. 24, 1951, who are liable to Govt. for reim bursement of salary of such em- ployees are liable for additional amounts payable to said employees under retroactive compensation amendment to Classification Act of 1949, even though parties in interest have paid or have been billed for compensation at old rates.... Employees assigned from classified to unclassified positions-saved regulations employees who assigned from classified positions to wage board positions during period covered by retroactive compensation provision of increased compensation amendment to Classification Act of 1949, are not entitled, under adminis- trative regulations designed to save their compensation upon such assign ment, to adjustment of compensation in wage board positions where effect would be to increase retroactively rates of such positions.. Employees assigned from unclassified to classified positions-an employee who was reassigned from a wage board position to a classified position during period covered by the retroactive com. pensation provision of the increased compensation amendment to the Classification Act of 1949 and placed in the second step of the grade in order
Page COMPENSATION-Continued
Increases-Continued
Retroactive salary payments-Continued to be compensated at not less than his previous salary rate, pursuant to ad- ministrative regulations, should have his salary adjusted to the new rate for the first step of his grade retroactive to the date of reassignment.... Employees on leave without pay, fur- lough, etc.-employee who is attached to rolls of agency in classified or un- classified position but who is in leave without pay or furlough status is still employee "in the service of the United States" within meaning of that term as used in increased compensation amendment to Classification Act of
1949 Entitlement requirements-increased compensation amendment to Classi- fication Act of 1949 provides that retroactive compensation authorized therein shall be paid to individuals who are in service of U. S. on date of its enactment, so that employee, who was in service of U. S. on Oct. 24, 1951, is entitled to receive pay adjustment under new act for any service as classi- fied employee regardless of whether position held on Oct. 24, 1951, was classified or unclassified or that break in service occurred between effective date of amendment and its approval.. Part-time positions with maximum sal- ary limitation-employees performing part-time duties in classified positions under excepted appointments subject to Civil Service Reg. 6.101 are com- pensated in accordance with rates pre- scribed 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 receive compensa- tion in excess of $900 per annum, limita- tion prescribed for excepting their positions from competitive system, such excess is not to be considered as depriving employees of retroactive in- crease in compensation authorized by amendatory act...
Point IV employees-in view of dis- cretion vested in administrative offi- cials to fix rates of basic compensation of Point IV employees to conform with schedule of rates under Foreign Service Act of 1946, as amended, rates of basic compensation of employees assigned continuously since July 1, 1951, to overseas duty on Point IV programs may not be increased retroactively under retroactive compensation pro- visions of act of Oct. 24, 1951 which provides for retroactive increases to Foreign Service employees......
COMPENSATION-Continued
Increases-Continued
Retroactive salary payments-Continued Promotions, periodic within-grade ad-
vancement, etc.:
Salary adjustment requirement:
An employee in position subject to increased compensation amend- ment to Classification Act of 1949 who receives step increase between effective date of said amendment and date of its enactment should have his retroactive pay increase computed in accordance with in- creased rates for each grade, or step within-grade, occupied by em- ployee during such period....-- Increased compensation amendment to Classification Act of 1949 re- quires adjustment of employee's compensation for period between its effective date and enactment date to reflect pay status he would have attained had amended pay schedules been operative and ap- plied currently during that period, so that promotion of employee during said period to higher step increase under old salary scale than required under new salary scale must be amended retroac- tively in accordance with new salary scale and necessary adjust- ments made in employee's salary. Retired personnel:
Retroactive salary increase authorized
in Classification Act of 1949, as amended, for retired officers or em- ployees for services rendered during period beginning with first day of first pay period which began after June 30, 1951, and ending with date of their retirement would be for pay ment in case of retired officer or em- ployee who died on or before Oct. 24, 1951 (enactment date of act), or after that date but prior to receipt of increase.... Under increased compensation amend- ment to Classification Act of 1949 providing for retroactive compensa- tion payments to retired officers and employees any person who separated from service prior to Oct. 24, 1951, and had met all requirements of Civil Service Retirement Act for immediate annuity, is entitled to retroactive salary increase even though claim for annuity may never be presented...... Reemployment-retroactive salary in- crease authorized in sec. 6 (b) of Classification Act of 1949, as amend- ed, for retired officers and employees ending with date of retirement and for employees in service of U. S. on
Page COMPENSATION-Continued
Increases-Continued Retroactive salary payments-Continued Retired personnel-Continued
date of approval of act is not applica- ble either to salary paid for actual service or to lump-sum leave pay. ment of annuitant who was retired and reemployed prior to July 8, 1951, effective date of act, and who was separated from position in which re- employed prior to approval date of act..
Supporting evidence requirements— certificates of Civil Service Com. furnishing addresses of retired em- ployees and evidence that they were on retirement rolls on Oct. 24, 1951, are not required in support of pay- ments of retroactive compensation increases, under Classification Act of 1949, as amended, to employees who were retired subsequent to effective date of act, in cases where determination of such facts may be made upon basis of administrative records.....
Separation from service: Under increased compensation amend- ment to Classification Act of 1949 employees in service of U. S. on date of amendment are entitled to be paid at rates of compensation prescribed therein, so that employee in Classi- fication Act position who resigns from service on enactment date of amendment is entitled to pay at adjusted rates retroactively to effec- tive date of law....
Death during retroactive compensation period-under increased compensa- tion amendment to Classification Act of 1949, providing that retroac- tive compensation shall be paid only in case of individual who is in service of U. S. on date of enactment of act, compensation due employee who died between effective date of amend- ment and date of its enactment may not be computed in accordance with increased compensation rates au- thorized by said amendment.... Employees in military service: Certificate of military establishment furnishing current address of for- mer employee and evidence that he was in military service on Oct. 24, 1951, may be accepted as basis for payment by former employing agency of any retroactive compen- sation increase which may be due, under Classification Act of 1949, as amended, to employee who was separated from his position subse- quent to effective date of act for purpose of entering military service..
COMPENSATION-Continued
Increases-Continued
Retroactive salary payments-Continued Separation from service-Continued Employees in military service-Con. Former employee of Govt. who entered into military service be- tween effective date of increased compensation amendment to Clas- sification Act of 1949 and date of its approval and who had received lump-sum payment for accrued annual leave upon entry into mil- itary service is entitled to receive retroactive adjustment in compen- sation for period of duty prior to entry into military service and also to adjustment in lump-sum payment for accrued leave...................... Reemployment-under retroactive compensation provision of increased compensation amendment to Clas- sification Act of 1949, employee who received lump-sum payment for ac- crued annual leave upon resignation after effective date of act and who was reemployed and in service of U. S. on enactment date of act is en- titled to receive retroactive adjust- ment in compensation for period of active duty prior to break in service and also to adjustment in lump-sum payment for accrued leave... Supporting evidence requirements— certificate of military establishment furnishing current address of former employee and evidence that he was in military service on Oct. 24, 1951, may be accepted as basis for pay ment by former employing agency of any retroactive compensation in crease which may be due, under Classification Act of 1949, as amended, to employee who was separated from his position subse- quent to effective date of act for purpose of entering military service. Simultaneous periodic within-grade ad- vancement-under sec. 701 (b) of Clas- sification Act of 1949, as amended, providing that increases in compen- sation granted pursuant to said act shall not be construed to be equivalent increase in compensation within mean- ing of subsec. (a) of that sec., employee who is entitled to within-grade promo- tion on effective date of increased compensation amendment to act is also entitled to retroactive pay increase authorized by act.... Veterans Administration medical per- sonnel-salaries of part-time physi- cians, dentists, and nurses of Dept. of Medicine and Surgery, Veterans Adm., rates of which are established administratively under authority of sec. 14 (a) of act of Jan. 3, 1946, may
Page COMPENSATION-Continued
Increases-Continued
Retroactive salary payments-Continued not be increased retroactively under retroactive compensation provision of increased compensation amendment to Classification Act of 1949--------- Unclassified positions:
Employees in unclassified positions- retroactive compensation provision of increased compensation amendment to Classification Act of 1949 for those classes of employees occupying posi tions compensation and standards of which are fixed by Classification Act, does not apply to employees of Bur. of Census occupying ungraded posi- tions salaries of which are authorized by statute to be fixed administratively, even though compensation schedules of Classification Act have been adopted for such employees--. Exclusion from classified position in-
Temporary employees of Dept. of
Labor whose salaries are paid from appropriation for revision of Con- sumers' Price Index which vests au- thority in Sec. of Labor to fix com- pensation 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 in- crease in compensation authorized by increased compensation amend- ment 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....
Central Intelligence Agency em- ployees-extraordinary powers con- ferred upon Central Intelligence Agency by sec. 10 of Central Intel- ligence Act of 1949, to carry out its functions do not include authority for payment to Agency's em- ployees-not subject to Classifica- tion Act of 1949, as amended-of retroactive increases in compensa- tion equivalent to those authorized by Classification Act to be paid to employees occupying positions' sub- ject to act......... Retroactive salary payments-employ ees who were assigned from classified positions to wage board positions during period covered by retro- active compensation provision of increased compensation amendment to Classification Act of 1949, are not entitled under administrative reg ulations designed to save their com- pensation upon such assignment, to adjustment of compensation in wage
COMPENSATION-Continued
Increases-Continued
Unclassified positions-Continued
Exclusion from classified position in- creases-Continued
board positions where effect would be to increase retroactively rates of such positions...
Retroactive salary payments:
Retroactive compensation provision of increased compensation amendment to Classification Act of 1949 for those classes of employees occupying posi- tions compensation and standards of which are fixed by Classification Act, does not apply to employees of Bur. of Census occupying ungraded positions salaries of which are au- thorized by statute to be fixed ad ministratively, even though com pensation schedules of Classification Act have been adopted for such em- ployees
Point IV employees-in view of discretion vested in administrative officials to fix rates of basic com- pensation of Point IV employees to conform with schedule of rates under Foreigh Service Act of 1946, as amended, rates of basic compensa- tion of employees assigned continu- ously since July 1, 1951, to overseas duty on Point IV programs may not be increased retroactively under retroactive compensation provisions of act of October 24, 1951, which provides for retroactive increases to Foreign Service employees.------ Veterans Administration medical per- sonnel-salaries of part-time phy- sicians, dentists, and nurses of Dept. of Medicine and Surgery, Veterans Adm., rates of which are established administratively under authority of sec. 14 (a) of act of Jan. 3, 1946, may not be increased retroactively under retroactive compensation provision of increased compensation amend ment to Classification Act of 1949... Veterans Administration medical per-
The 25 percent allowance in addition to compensation, authorized under sec 4 (b) of Classification Act of 1949, as amended, for medical, surgical and 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 aggregate limitation prescribed therein....
Page COMPENSATION—Continued
Increases-Continued
Veterans Administration medical per- sonnel-Continued
Under sec. 4 (a) of Classification Act of 1949, as amended, increasing salary rates provided by act of Jan. 3, 1946, for officers and employees in Dept. of Medicine and Surgery, Veterans Adm., by 10 percent subject to minimum and maximum dollar increases prescribed by act new compensation rates for each grade should be established by adding to each step within grade an amount equal to 10 percent of min- imum rate for each grade or pre scribed dollar minimum or maximum as case may be..................
Initial salary rates. See Compensation, rates. Leaves of absence. See Leaves of Abence. Longevity-step increases:
Changes from CPC to GS grades- under sec. 703 (a) of Classification Act of 1949, authorizing longevity increases beyond maximum scheduled rate of grade for each three years of con- tinuous service completed by employee at maximum rate or at longevity rate "without change of grade or rate of basic compensation," change in posi- tion designation incident to conversion of position from maximum scheduled rate of CPC-9 to maximum scheduled rate of GS-7, with resulting $50 change in rate of compensation to conform with rates under new schedule, does not start new three year longevity period of continuous service within meaning of said sec. 703 (a) of act..... Saved compensation at rate above maxi- mum scheduled rate for grade: Employee whose position was real- located downward but whose salary rate saved pursuant to par. 25.103 (e) of Civil Service Regs. is above maximum scheduled rate for lower grade, is entitled to longevity-step increase upon completion of three years continuous satisfactory service at saved rate, and completion of aggregate period of ten years of serv- ice as required under Classification Act of 1949_. Rate of compensation, above maxi- mum scheduled rate of grade, saved to employee pursuant to par. 25.103 (e) of Civil Service Regs. upon down- ward reallocation of position, may be deemed rate above maximum rate of grade payable in accordance with term "provision of law" as used in par. 25.52 (d) of said regula- tions which prescribe longevity period requirements for service at such rate...
Longevity-step increases-Continued Service credits-Federal Land Bank employment-service of employee with Federal Land Bank, other than em- ployment as Federal Land Bank ap- praiser, may not be considered as serv- ice in Federal position within mean- ing of Classification Act of 1949 in com- puting under sec. 703 (a) period re- quired for longevity step-increase in compensation Waiting period commencement-tempo- rary promotions-under sec. 703 (a) of Classification Act of 1949, providing that to be eligible for longevity step- increase employee must complete three years of continuous service at maximum scheduled rate of his grade or at one of prescribed longevity steps, employee who has reached maximum step in grade GS-3 and is temporarily promoted to grade GS-4, thus receiving change in grade and rate, is required, upon restora- tion to grade GS-3, to complete three years of continuous service in the lower grade from date of restoration before becoming eligible for first longevity step-increase..
Extra pay in addition to overtime-Bureau of Mint employees-while sec. 23, act of Mar. 28, 1934, neither requires nor pre- cludes payment of night differential in addition to overtime compensation for services "at night" outside regular tour of duty, as distinguished from regarding night differential as basic compensation in computing overtime rate for em ployee whose regular tour of duty is at night, in view of policy adopted under directives and regulations of Treasury Dept. Wage Board and Director of Mint that Mint employees on day shift would not be paid night differential in addition to overtime when required to work beyond regular workday, such employees are not entitled under said policy to night differential in addition to overtime when required to work at night... Inclusion of night differential in computa-
tion of overtime: Overtime rate of compensation payable to wage board employees under sec. 23 of act of Mar. 28, 1934, for work in excess of 40 hours per week is based upon rate received by employee during his regular tour of duty of 40 hours regardless of whether regular tour of duty be served during day or during night, so that employee whose regular tour of duty is during day and outside hours for which night differential is
Page COMPENSATION-Continued Night work-Continued Inclusion of night differential in computa- tion of overtime-Continued
payable may not have night differen- tial included in his basic compensation to determine his overtime compensa tion rate....
Overtime rate of compensation payable
to wage board employees under sec. 23 of act of Mar. 28, 1934, for work in excess of 40 hours per week is based upon rate received by employee during his regular tour of duty of 40 hours regardless of whether regular tour of duty is during day or night, and therefore, employee whose regular tour of duty is during day may not have night differential included as part of basic compensation in determining overtime compensation rate, even though overtime services were per- formed during hours for which night differential is payable......
Panama Canal pilots-in view of organiza- tional changes transferring certain former personnel of Panama Canal, including Panama Canal pilots, to Panama Canal Co. and holding of Civil Service Com. that such pilots are now excluded from provisions of Classifica- tion Act of 1949 by sec. 202 (20), Panama Canal pilots are not to be considered vessel employees within meaning of sec. 102 (d) of Federal Employees Pay Act of 1945, as amended. and therefore are subject to overtime compensation, night differential and holiday extra compensation provisions of 1945 act..... Retroactive salary payments under in- creased compensation amendment to Classification Act of 1949, employees who between effective date of amendment and its approval received overtime compensation, night differential and foreign or territorial cost of living allow- ances based on percentage of gross basic pay must have their status for pay pur- poses reconstructed and necessary ad- ustments made to reflect net results had amendment been applied currently at time compensation was paid........................ Wage board, etc., employees-positions with different duties and compensation rates-overtime, holiday, and night dif ferential compensation of wage board employees of Dept. of Army occupying positions carrying dual designations (such as deck hand-diver) n which different rates of compensation for two kinds of work are fixed to conform with practice prevailing in private industry, may be determined by wage board in accordance with commercial practices.. 532
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