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
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 deckhand-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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