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COMPENSATION-Continued
Page COMPENSATION-Continued

Page
Overtime:

Overtime--Continued
Additional night differential-Bureau of

in his civilian position, so that empoyee
Mint employees-while sec. 23, act of
Mar. 28, 1934, neither requires nor pre-

who is absent on such leave on days he

would have received overtime compen-
cludes payment of night differential in

sation had he rendered service in his
addition to overtime compensation for
services "at night" outside regular tour

civilian position is entitled to overtime

compensation he would have received
of duty, as distinguished from regarding

but for such absence.....

173
night differential as basic compensation
in computing overtime rate for employee

Forty-hour week (act of March 28, 1934).
whose regular tour of duty is at night, in

See Compensation, overlime, wage-board,
view of policy adopted under directives

etc., employees.
and regulations of Treasury Dept. Wage

Immigration and Naturalization Service
Board and Director of Mint that Mint

employees:
employees on day shift would not be paid

Appropriation availabdity-proviso in
night differential in addition to overtime

Dept. of Justice Appro. Act. 1948, pre-
when required to work beyond regular

cluding payment of overtime compen.
workday, such employees are not en-

sation by Immigration and Naturali-
titled under said policy to night differen-

zation Service other than as provided
tia! ip addition to overtime when re-

in Federal Employees Pay Acts of
quired to work at night...

391

1945 and 1946 placed specific limitation
Compensation to be included:

upon use of appropriated funds for
Night differential:

fiscal year 1948 which G. A. O. is re-
Overtime rate of compensation paya-

quired to observe and is without
ble to wage board employees under

authority to certify for payment claims
sec. 23 of act of Mar. 28, 1934, for

for overtime compensation contrary
work in excess of 40 hours per week

thereto, notwithstanding decision by
is based upon rate received by em

Court of Claims that limitation did
ployee during his regular tour of

not preclude payment under act of
duty of 40 hours regardless of whe

Mar 2, 1931, from other appropria-
ther regular tour of duty be served

tions....

73
during day or during night, so that

Justice Department 1948 appropriation
employee whose regular tour of duty

limitation-Court decision contrary to
is during day and outside hours for

Comp. Gen. decision--proviso in
which night differential is payable

Dept. of Justice Appro. Act, 1948,
may not have night differential in-

precluding payment of overtime com:
cluded in his basic compensation to
determine his overtime compensa-

pensation by Immigration and Natu-

ralization Service other than as pro-
tion rate..

48

vided in Federal Employees Pay Acts
Overtime rate of compensation paya-

of 1945 and 1946 placed specific limita-
ble to wage board employees under

tion upon use of appropriated funds
sec. 23 of act of Mar. 28, 1934. for

for fiscal year 1918 which G. A. 0. is
work in excess of 40 hours per week

required to observe and is without
is based upon rate received by em-

authority to certily for payment claims
ployee during his regular tour of

for overtime compensation contrary
duty of 40 hours regardless of whe

thereto, notwithstanding decision by
ther regular tour of duty is during

Court of Claims that limitation did
day or night, and therefore, em

not preclude payment under act of
ployee whose regular tour of duty is

Mar. 2, 1931, from other appropria-
during day may not have night dif.

tions.

73
ferential included as part of basic
compensation in determining over

Payments under Federal Employees Pay
time compensation rate. even though

Acts--proviso in Dept. of Justice
overtime services were performed

Appro. Act, 1948, precluding payment
during hours for which night ditier

of overtime compensation by Immi.
ential is payable...-

391

gration and Naturalization Service
Compensatory time off in lieu of. See

other than as provided in Federal Em-
Leares 01 Absence, overtime, in lieu of

ployees Pay Acts of 1945 and 1946
overtime compensation

placed specific limitation upon use of
Court leave periods-employee on court

appropriated funds for fiscal year 1948
leave or military training leave is en.

which G. A. O. is required to observe
titled to same compensation he would

and is without authority to certify for
have received had service been rendered

payment claims for overtime compen.

Xage

362

278

COMPENSATION-Continued

Page COMPENSATION-Continued
Overtime-Continued

Overtime-Continued
Immigration and Naturalization Service

Travel time-Continued
employees-Continued
sation contrary thereto, notwithstand-

duty, outside his regularly established
ing decision by Court of Claims that

hours of work is not entitled to over-
limitation did not preclude payment

time compensation for such travel
under act of Mar 2, 1931, from other

time, even though assigned duties are
appropriations...

73

to be performed during normal duty
Military leave periods--employee on court

hours and require travel outside basic
leave or military training leave is en.

workweek..--
titled to same compensation he would

Non-workdays-Employee may be re-
have received had service been rendered

quired by administrative agency to
in his civilian position, so that employee

travel on non-workdays and may not
who is absent on such leave on days he

properly refuse to undertake such
would have received overtine compensa-

travel solely because overtime com.
tion had he rendered service in his

pensation is not paid for travel time..
civilian position is entitled to overtime
comper he would have received

Wage board etc., emp.oyees:
but for such absence..

173

Computation:
Panama Canal employees--pilots-in view

Overtime rate of compensation pay.
of organizational changes transferring

able to wage board employees under
certain former personnel of Panama

sec. 23 of act of Mar. 28, 1934, for
Canal, including Panama Canal pilots,

work in excess of 40 hours per week
to Panama Canai Co. and holding of

is based upon rate received by em-
Civil Service Com, that such pilots are

ployee during his regular tour of duty
now excluded from provision of Classi.

of 40 hours regardless of whether
fication Act of 1949 by sec. 202 (20)

regular tour of duty be served during
Panama Canal pilots are not to be con-

day or during night, so that em-
sidered vessel employees withing mean

ployee whose regular tour of duty
ing of sec. 102 (d) of Federal Employees

is during day and outside hours for
Pay Act of 1945, as amended and there-

which night differential is payable
fore are subject to overtime compensa-

may not have night differential in.
tion, night differentia and holiday extra

cluded in his basic compensation to
compensation provisions of 1945 act.---- 87

determine his overtime compensa

tion rate...
Retroactive salary payments:

Overtime rate of compensation pay.
Under increased compensation amend
ment to Classification Act of 1949,

able to wage board employees under

sec. 23 of act of Mar. 28, 1934, for work
employees who between effective date
of amendment and its approval re-

in excess of 40 hours per week is
ceived overtime compensation, night

based upon rate received by em-
differential and foreign or territorial

ployee during his regular tour of
cost of living allowances based on

duty of 40 hours regardless of wheth-

er regular tour of duty is during day
percentage of gross basic pay must
have their status for pay purposes re-

or night, and therefore, employee
constructed and necessary adjust.

whose regular tour of duty is during
ments made to reflect net results had

day may not have night differential

included as part of basic compensa-
amendment been applied currently at
time compensation was paid...

166

tion in determining overtime com-
Under retroactive compensation provi.

pensation rate, even though over
sion of increased compensation amend-

time services were performed during
ment to Classification Act of 1949,

hours for which night differential is
employees of Customs Service who

payable..
performed overtime on Sunday or

Positions with different duties and com-
holiday services between effective date

pensation rates-overtime, holiday,
and enactment date of said amend-

and night differential compensation of
ment for which they were paid extra

wage board employees of Dept. of
compensation are entitled to adjust-

Army occupying positions carrying
ment in such compensation whether

dual designations (such as deckhand
or not compensation was reimbursable

diver) in which different rates of com-
by parties in interest...

417

pensation for two kinds of work are
Travel time:

fixed to conform with practice pre-
Actual performance of duty require-

vailing in private industry, may be
ment-employee who performs official

determined by wage board in accord.
travel, without actual performance of

ance with commercial practices.......

48

391

or

COMPENSATION-Continued
Page COMPENSATION-Continued

Page
Panama Canal employees overtime

Periodic within-grade advancements-Con.
Pilots-in view of organizational changes

of basic compensation in fixing under
transferring certain former personnel of

sec. 802 (b) his basic rate of compensation
Panama Canal, including Panama

for higher grade....-

62
Canal pilots, to Panama Canal Co. and

Waiting period commencement:
holding of Civil Service Com. that such

Temporary allocation reallocation
pilots are now excluded from provisions

changes-employee whose position
of Classification Act of 1949 by sec. 202

was tentatively allocated to higher
(20), Panama Canal pilots are not to be

grade, later allocated by central office
considered vessel employees within

to lower grade and again allocated
meaning of sec. 102 (d) of Federal Em

finally to higher grade and who per.
ployees Pay Act of 1945 as amended, and

formed duties of grade may have
therefore are subject to overtime com.

waiting period for his within grade
pensation, night differential and holiday

salary advancement computed from
extra compensation provisions of 1945

time of tentative allocation....... 292
act...

87 Temporary promotions--compensation
Periodic within-grade advancements:

increase received by Immigration In-
Part time, intermittent, when actually

spectors whose positions were tem-
employed employees:

porarily allocated to higher grades-
Leave without pay status-regular part-

known by employees to be tem-
time employoes, not on authorized

porary-did not consititue "an equiv.
leave, who fail to work on scheduled

alent increase in compensation"
workday are considered under Civil

within meaning of those words as used
Service Com. Regs prescribing wait.

in sec. 25.11 (1) of Federal Personnel
ing period requirements for within

Manual, and therefore, such em-

to

ployees upon restoration their
grade salary advancements to be in
leave without pay status so that, where

former positions, which in meantime
such absence exceeds two weeks in any

had been brought under Classifica.
required period for salary step in.

tion Act and allocated in lower grades,
crease, period must be extended by

are entitled to within-grade salary
number of workdays without pay in

advancements after expiration of
excess of two weeks before employee is

required waiting period from last
entitled to within-grade advancement. 316

equivalent increase received in their
Scheduled 'our of duty requirement-

regular positions....

149
term"regular part-time employees" as

Temporary “up and down" salary
used in Civil Service Com. Regs., pro

changes-Veterans' Administration
mulgated pursuant to Classification

medical personnel-compensation in-
Act of 1949, as amended, prescribing

crease resulting from restoration of
waiting period requirements for

Veterans Adm. physician to his full-
within-grade salary advances for such

time position after completion of
employees, includes only those per

temporary course in residency training
manent part-time employees who

does not constitute "equivalent in-
serve in regular work week tour of

creaso" in compensation within mean.
duty administratively scheduled in

ing of that term as defined in Veterans'
advance of which employees have

Adm. Regs. relating to within-grade
prior notice...

316

salary advancements for medical per-
Simultaneous promotion--employee who

sonnel issued pursuant to sec. 6 (c)

469
is promoted to higher grade on same

of act of Jan. 3, 1916.
date he becomes eligible for within-grade

Postal Service:
advancement under provisions of sec

Promotions-statutory-substitutes--sub.
701 (a) of Classification Act of 1949 as

stitute postal employee. who had one
amended, is entitled to have said within

year of service credit in grade 1 prior to
grade advancement included in his

being placed in grade 3 on Nov. 1, 1949,
existing rate of basic compensation in

pursuant to sec. 2 (c) of act of Oct. 28,
fixing under sec. 802 (b) his basic rate of

1949, is to be considered as having been
compensation for higher grade....

207 advanced one automatic grade through
Simultaneous eallocation on position

operation of such sec., within meaning
employee whose position is reallocated to

of sec. 4 (a) of act of Oct. 24, 1951, which
bigher grade on same date he becomes

provides that certain employees who
eligible for within-grade advancement

entered Postal Service after June 30,
under provisions of sec. 701 (a) of Clas-

1945, and who have not been advanced
sification Act of 1949, as amended, is

at least two automatic grades through
entitled to have said within-grade ad

operation of law shall be so advanced.
vancement included in his existing rate

and therefore, employee is entitled under

225273°—534-58

COMPENSATION-Continued
Postal Service Continued

said sec. 4 (a) to be advanced another

automatic grade..----
Rates-new appointees—first and second

class post offices-temporary clerks or
carriers at post offices of Arst and second
classes whose grades and rates of com-
pensation are governed by sec. 12 (a) of
the act of July 6, 1945, as amended, may
not, in absence of specific statutory au-
thority, be appointed under original
appointment to grade above minimum

grade from position to which appointed.
Promotions. See, also, Compensation, peri-

odic within-grade advancements; Com-

pensation, longevity step-increases.
Automatic - civilian employees. Bee

Compensation, periodic within-grade
advancements; Compensation, longevity

step-increases.
Erroneousescess salary refund require

ment-in view of provision in sec. 1310
of Supplemental Appro. Act of 1952,
that no person in any executive depart-
ment or agency whose position is subject
to Classification Act of 1949, as amended,
shall be promoted or transferred to
higher grade subject to such act without
having served at least year in next lower
grade, employee who is promoted from
68-7 to GS-9 prior to completing year
of service in GS-7 is required to refund
excess salary received as result of pro-

motion...
Periodic within-grade advancements. See

Compensation, periodic within-grade
advancements.
Service in grade requirement:
Effective date--provisions of sec. 1310 of

act of Nov. 1, 1951, providing that no
person in any executive department or
agency whose position is subject to
Classification Act of 1949, as amended,
shall be promoted or transferred to
higher grade subject to such act with-
out having served at least year in next
lower grade, is effective from beginning
of day of approval, since exact hour of
signing of act cannot be ascertained
with any degree of exactness, and
therefore, promotion of employee effec-
tive at beginning of business on Nov. 1,
1951, is subject to restrictions con.

tained in cited act..
Promotion resulting from position

reallocation-employees subject to
Classification Act of 1949 occupying
non-competitive positions which are
reallocated upward to next higher
grade-there being no positions in
normal lines of promotions in grades
immediately below those of reallocated
position--are not precluded by sec.
1310 (c) of Supplemental Appro. Act of
1952—commonly referred to as Whitten

Page COMPENSATION-Continued

Page
Promotions-Continued

Service in grade requirement-Continued
301

Rider-from receiving compensation
applicable to reallocated positions,
even though less than one year has
elapsed since employees received pro-

motions to respective positions... 684
Promotions to attorney positions-under

provisions of sec. 1310 (c) of Supple
mental Appro. Act, 1952, prohibiting
promotion or transfer of any person

whose position is subject to Classifi-
131

cation Act of 1949, as amended, to
higher grade under act unless he has
served at least one year in next lower
grade or is within reach for appoint-
ment to higher grade position on
competitive civil service register, per.
sons with prior service in such posi-
tions who have not completed required
period in grade when reached for
appointment to higher grade position of
attorney on non-civil service register,
established by Federal Trade Com.,

may not be appointed to higher grade 2015
Promotions to F. B. I. special agent and

special employee positions--inasmuch
as appointments to positions of special
agent and special employee in F. B. I.
from Bureau's competitive register,
which positions are excepted from
classified civil service, are not to be

regarded as appointments from “com-
564

petitive civil service register" within
meaning of that term as used in sec.
1310 (c) of Supp. Appro. Act, 1952,
excepting civil service register appoint-
ments from promotion restrictions of
said section, positions of special agent
and special employee are subject to
promotion restrictions of other profi-

sions of that section...-..-
Violations-excess salary refund require-

ment-in view of provision in sec. 1310
of Supplemental Appro. Act of 1952,
that no person in any executive depart-
ment or agency whose position is
subject to Classification Act of 1949,
as amended, shall be promoted or
transferred to higher grade subject to
such act without having served at
least year in next lower grade, em-

ployee who is promoted from GS-7 to
305

GS-9 prior to completing year of
service in GS-7 is required to refund
excess salary received as result of

promotion...
Statutory restrictions reduction in force

actions-grade restoratione employee
who, after receipt of reduction in force
notice and prior to expiration of notice
period, resigns and is reemployed by
another agency, or is transferred to posi
tion in another agency, in lower grade
may be restored to position in grade

COMPENSATION-Continued
Page COMPENSATION-Continued

Page
Promotions Continued

Rates-Continued
held by him prior to receipt of said

Allocation or reallocation of positions-
notice without violating promotion

Continued
restrictions of sec. 1310 (c) of Supp.

Saved compensation-Continued
Appro. Act, 1952...

386

Continuous retention of position re-
Rates:

quirement-Continued
Allocation or reallocation of positions:

saved pay benefits of regulation
Inasmuch as allocations or reallocations

only if they continue to occupy
of positions to higher grades are con-

same positions..--

537
sidered promotions within purview of

Longevity-step increases:
sec. 802 (b) of Classification Act of

Employee whose position was real-
1949, employee whose position is real-

located downward but whose sal-
located to higher grade is entitled to

ary rate saved pursuant to par.
have his salary rate fixed at lowest

25.103 (e) of Civil Service Regs. is
rate in higher grade which exceeds his

above maximum scheduled rate
previous rate in lower grade from

for lower grade is entitled to
which advanced by at least one step.. 266

longevity-step increase upon com-
Saved compensation:

pletion of three years continuous
Civil Service Com. is authorized under

satisfactory service at saved rate,
Classification Act of 1949 to promul.

and completion of aggregate period
gate regulation saving to employees

of ten years of service as required
salaries attached to positions reallo-

under Classification Act of 1949... 436
cated downward, where employees

Rate of compensation, above maxi-
occupied positions on effective date

mum scheduled rate of grade,
of title VI of act-establishing basic

saved to employee pursuant to
compensation schedules-which im.

par. 25.103 (e) of Civil Service
mediately prior to such date were

Regs. upon downward reallocation
subject to Classification Act of 1923,

of position, may be deemed rate
as amended, and which were ini-

above maximum rate of grade pay.
tially allocated to any of grades of

able in accordance with term "pro-
Classification Act of 1949 and there-

vision of law" as used in par. 25.52
after reduced so long as such em

(d) of said regulations which pre-
ployees remain in same positions

scribe longevity period require-
wbich they occupied on effective

ments for service at such rate..... 436
date of title VI of act..

6 Statutory promotion restrictions-em-
Continuous retention of position re-

ployecs subject to Classification Act of
quirement:

1949 occupying non-competitive posi-
Civil Service Com, regulation, pro-

tions which are reallocated upward to
mulgated pursuant to Classifica-

next higher grade-there being no posi.
tion Act of 1949, saving to employ

tions in normal lines of promotions in
ees salaries attached to positions

grades immediately below those of
reallocated downward is applica

reallocated position-are not precluded
ble only so long as such employees

by sec. 1310 (c) of Supplemental Appro.
remain in same positions which

Act of 1952-commonly referred to as
they occupied on effective date of

Whitten Rider--from receiving com-
title VI of act. and therefore, where

pensation applicable to reallocated
employee, whose rate of compen-

positions, even though less than one
sation is saved under regulation,

year has elapsed since employees re-
ceases to occupy position of which

ceived promotions to respective
he was incumbent on effective date

positions

684
of title VI of act, and thereafter is

Constructive appointment date for appoint-
restored to such position, his rate

ees who lost appointment opportunity
of compensation must be reduced

due to military service. See Appoint-
to that otherwise provided for

ments.
grade in which his position is

Limitations. See also, Compensation, ag-
allocated.

201

gregate limitations.
Under saved compensation provi-

Part-time positions--retroactive salary
sion of Federal Employees Pay

payments-employees performing part-
Regs. saving to employees salaries

time duties in classified positions
attached to positions reallocated

under excepted appointments subject
downward, employees who occu-

to Civil Service Reg. 6.101 are com-
pied positions which were reallo-

pensated in accordance with rates pre-
cated downward subsequent to

scribed in Classification Act of 1949,
effective date of title VI of Classi-

as amended, and while retroactive in-
fication Act of 1949, are entitled to

crease provided by amendatory act of

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