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COMPENSATION-Continued
Increases Continued
Retroactive salary payments Continued

equivalent to those authorized by
Classification Act to be paid to em-
ployees occupying positions subject

to act......
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 pay
regulations employees who were
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

Page
Increases-Continued
Retroactive salary payments-Continued

to be compensated at not less than his
previous salary rate, pursuant to ad-

ministrative regulations, should have
191

his salary adjusted to the new rate for
the first step of his grade retroactive
to the date of reassignment.

320
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..

166
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,
417

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.. 166
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,
417

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...

314
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
320

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............

462

COMPENSATION-Continued
Page | COMPENSATION-Continued

Page
Increases-Continued

Increases --Continued
Retroactive salary payments
Continued

Retroactive salary payments-Continued
Promotions, periodic within-grade ad-

Retired personnel-Continued
vancement, etc.:

date of approval of act is not applica-
Salary adjustment requirement:

ble either to salary paid for actual
An employee in position subject to

service or to lump-sum leave pay.
increased compensation amend-

ment of annuitant who was retired
ment to Classification Act of 1949

and reemployed prior to July 8, 1951,
who receives step increase between

effective date of act, and who was
effective date of said amendment

separated from position in which re-
and date of its enactment should

employed prior to approval date of
have his retroactive pay increase

act....

334
computed in accordance with in-

Supporting evidence requirements
creased rates for each grade, or step

certificates of Civil Service Com.
within-grade, occupied by em-

furnishing addresses of retired em.
ployee during such period.... 166

ployees and evidence that they were
Increased compensation amendment

on retirement rolls on Oct. 24, 1951,
to Classification Act of 1949 re-

are not required in support of pay.
quires adjustment of employee's

ments of retroactive compensation
compensation for period between

increases, under Classification Act
its effective date and enactment

of 1949, as amended, to employees
date to reflect pay status he would

who were retired subsequent to
have attained had amended pay

effective date of act, in cases where
schedules been operative and ap-

determination of such facts may be
plied currently during that period,

made upon basis of administrative
so that promotion of employee

records...--

226
during said period to higher step

Separation from service:
increase under old salary scale

Under increased compensation amend-
than required under new salary

ment to Classification Act of 1949
scale must be amended retroao-

employees in service of U. 8. on date
tively in accordance with new

of amendment are entitled to be paid
salary scale and necessary adjust-

at rates of compensation prescribed
ments made in employee's salary. 166

therein, so that employee in Classi-
Retired personnel:

fication Act position who resigns
Retroactive salary increase authorized

from service on enactment date of

amendment is entitled to pay at
in Classification Act of 1949, as
amended, for retired officers or em.

adjusted rates retroactively to effec-
tive date of law.....

166
ployees for services rendered during
period beginning with first day of

Death during retroactive compensation
first pay period which began after

period-under increased compensa-
June 30, 1951, and ending with date

tion amendment to Classification
of their retirement would be for pay

Act of 1949, providing that retroac-
ment in case of retired officer or em-

tive compensation shall be paid only
ployee who died on or before Oct. 24,

in case of individual who is in service
1951 (enactment date of act), or after

of U. S. on date of enactment of act,
that date but prior to receipt of

compensation due employee who
increase-------

died between effective date of amend-
230

ment and date of its enactment may
Under increased compensation amend.

not be computed in accordance with
ment to Classification Act of 1949

increased compensation rates au-
providing for retroactive compensa-

thorized by said amendment........ 262
tion payments to retired officers and

Employees in military service:
employees any person who separated

Certificate of military establishment
from service prior to Oct. 24, 1951,

furnishing current address of for.
and had met all requirements of

mer employee and evidence that
Civil Service Retirement Act for

he was in military service on Oct.
immediate annuity, is entitled to

24, 1951, may be accepted as basis
retroactive salary increase even

for payment by former employing
though claim for annuity may never

agency of any retroactive compen-
be presented...

230

sation increase which may be due,
Reemployment-retroactive salary in.

under Classification Act of 1949,
crease authorized in sec. 6 (b) of

as amended, to employee who was
Classification Act of 1949, as amend-

separated from his position subse-
ed, for retired officers and employees

quent to effective date of act for
ending with date of retirement and

purpose of entering military
for employees in service of U. 8. on

service....

228

Page COMPENSATION-Continued

Page
Increases-Continued
Retroactive salary payments-Continued

not be increased retroactively under
retroactive compensation provision of
increased compensation amendment

to Classification Act of 1949..-------- 331
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
240

by statute to be fixed administratively,
even though compensation schedules
of Classification Act have been adopted
for such employees.--

163
Exclusion from classified position in-

creases:

199

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

200

em-

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

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

226

191

166

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COMPENSATION-Continued
Page COMPENSATION-Continued

Page
Increases-Continued

Increases--Continued

Veterans Administration medical per-
Unclassified positions-Continued

sonnel-Continued
Exclusion from classified position in-

Under sec. 4 (a) of Classification Act of
creases-Continued

1949, as amended, increasing salary
board positions where effect would

rates provided by act of Jan. 3, 1946,
be to increase retroactively rates of

for officers and employees in Dept. of
such positions....

320

Medicine and Surgery, Veterans Adm.,
Retroactive salary payments:

by 10 percent subject to minimum and

maximum dollar increases prescribed
Retroactive compensation provision of

by act. new compensation rates for
increased compensation amendment

each grade should be established by
to Classification Act of 1949 for those

adding to each step within grade an
classes of employees occupying posi-

amount equal to 10 percent of min-
tions compensation and standards of

imum rate for each grade or pre
which are fixed by Classification

scribed dollar minimum or maximum
Act, does not apply to employees of

as case may be...

226
Bur. of Census occupying ungraded Initial salary rates. See Compensation, rates.
positions salaries of which are au-

Leaves of absence. See Leaves of Abence.
thorized by statute to be fixed ad.

Longevity-step increases:
ministratively, even though com.

Position reallocation:
pensation schedules of Classification

Changes from CPC 10 GS grades-
Act have been adopted for such em.

under sec. 703 (a) of Classification Act
ployees

163

of 1949, authorizing longevity increases

beyond maximum scheduled rate of
Point IV employees-in view of

grade for each three years of con-
discretion vested in administrative

tinuous service completed by employee
officials to fix rates of basic com-

at maximum rate or at longevity rate
pensation of Point IV employees to

"without change of grade or rate of
conform with schedule of rates under

basic compensation," change in posi-
Foreigh Service Act of 1946, as
amended, rates of basic compensa-

tion designation incident to conversion
tion of employees assigned continu.

of position from maximum scheduled

rate of CPC-9 to maximum scheduled
ously since July 1, 1951, to overseas

rate of GS-7, with resulting $50 change
duty on Point Iy programs may

in rate of compensation to conform
not be increased retroactively under

with rates under new schedule, does
retroactive compensation provisions

not start new three year longevity
of act of October 24, 1951, which

period of continuous service within
provides for retroactive increases to

375
Foreign Service employees......

meaning of said sec. 703 (a) of act.....
462

Saved compensation at rate above maxi-
Veterans Administration medical per.

mum scheduled rate for grade:
sonnel-salaries of part-time phy.

Employee whose position was real-
sicians, dentists, and nurses of Dept.

located downward but whose salary
of Medicine and Surgery, Veterans

rate saved pursuant to par. 25.103
Adm., rates of which are established

(e) of Civil Service Regs. is above
administratively under authority of

maximum scheduled rate for lower
sec. 14 (a) of act of Jan. 3, 1946, may

grade, is entitled to longevity-step
not be increased retroactively under

increase upon completion of three
retroactive compensation provision

years continuous satisfactory service
of increased compensation amend

at saved rate, and completion of
ment to Classification Act of 1949... 331

aggregate period of ten years of serv-
Veterans Administration medical per-

ice as required under Classification
Act of 1949.------

436
sonnel:

Rate of compensation, above maxi-
The 25 percent allowance in addition to

mum scheduled rate of grade, saved
compensation, authorized under sec

to employee pursuant to par. 25.103
4 (b) of Classification Act of 1949, as

(e) of Civil Service Regs. upon down-
amended, for medical, surgical and

ward reallocation of position, may
dental specialists in Dept. of Medicine

be deemed rate above maximum
and Surgery, Veterans Adm., is to be

rate of grade payable in accordance
computed upon basic compensation of

with term “provision of law" as
such employees, as increased by sec.

used in par. 25.52 (d) of said regula-
4 (a) of act, subject to $12,800 per

tions which prescribe longevity
annum aggregate limitation prescribed

period requirements for service at
therein.....

such rate...

436

226

COMPENSATION-Continued
Longevity-step increases-Continued
Servico 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.
Night work:
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

Page
Night work--Continued
Inclusion of night differential in computs-
tion of overtime-Continued

payable may not have night differen.
tial included in his basic compensation
to determine bis overtime compensa
tion rate....

48
Overtime rate of compensation payable

to wage board employees under sec.

23 of act of Mar. 28, 1934, for work in
63

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 might
differential is payable......

391
Panama Canal pilots-in view of organiza-

tional changes transferring certain
former personnel of Panama Canal,

including Panama Canal pilots, to
525

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 employoes 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..... 87
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 bad
391 amendment been applied currently at

time compensation was paid............ 160
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 deckhand-diver) 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.. 632

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