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lar situations in which an eligible lost opportunity for probational appointment because of military service during World War II, was certified for probational appointment to such position, and, subsequently, was given such appointment,
shall, for the purpose of (A) determining his rate of compensation and (B) his seniority rights in the postal field service, be held to have been appointed to such position as of the earliest date on which an eligible standing lower on the same list of eligibles received a probational appointment therefrom: Provided, however, That no regular employee in the postal field service shall be reduced to substitute status by reason of the enactment of this section and section 645b of this title.
(b) No person shall be entitled to the benefits of this section who has reenlisted after June 1, 1945, in the Regular Military Establishment or after February 1, 1945, in the Regular Naval Establishment. (July 31, 1946, ch. 714, § 1, 60 Stat. 749.)
References in text.-Executive Order Numbered 9538 dated April 13, 1945, referred to in paragraph (2) of this section, is set out in 10 F. R. 4057.
Effective date.-Section 3 of act July 31, 1946, cited to text, provided: “This Act [sections 645a and 645b of this title] shall take effect on the first day of the calendar month following the calendar month in which it is enacted."
§ 645b. Same; period of compensation.-No person shall, by reason of the enactment of section 645a of this title, be entitled to any compensation for any period prior to August 1, 1946. (July 31, 1946, ch. 714, § 2, 60 Stat. 749.)
CLASSIFICATION OF CIVILIAN POSITIONS
§ 663. Rules and regulations; classification; establishment of compensation rates for classes of positions within grade; report to Congress; application and effect of actions by Civil Service Commission.
In subdividing any grade into classes of positions, as provided in the foregoing paragraph, the Civil Service Commission, whenever it deems such action warranted by the nature of the duties and responsibilities of a class of positions in comparison with other classes in the same grade, and in the interests of good administration, is authorized to establish for any such class a minimum rate, which shall be one of the pay rates, but not in excess of the middle rate, of that grade as set forth in section 673 of this title. Whenever the Commission shall find that within the same Government organization and at the same location gross inequities exist between basic per annum rates of pay fixed for any class of positions under sections 661-663, 664-673 and 674 of this title and the compensation of employees whose basic rates of pay are fixed by wage boards or similar administrative authority serving the same purpose, the Commission is empowered, in order to correct or reduce such inequities, to establish as the minimum rate of pay for such class of positions any rate not in excess of the middle rate within the range of pay fixed by said sections for the grade to which such class of positions is allocated. For the purposes of this section the fourth rate of a six-rate grade shall be considered to be the middle rate of that grade. Minimum rates established under this
paragraph shall be duly published by regulation and, subject to the foregoing provisions, may be revised from time to time by the Commission. The Commission shall make a report of such actions or revisions with the reasons therefor to Congress at the end of each fiscal year. Actions by the Civil Service Commission under this paragraph shall apply to both the departmental and field services and shall have the force and effect of law. (As amended June 30, 1945, ch. 212, title IV, § 401, 59 Stat. 298.)
1945-Act June 30, 1945, cited to text, amended section by adding cited par.
Amendment of section by act June 30, 1945, cited to text, was made effective on July 1, 1945, by section 610 of said act June 30, 1945.
§ 667. Increases in compensation.
(b) All employees compensated on a per annum basis, and occupying permanent positions within the scope of the compensation schedules fixed by sections 661-663, 664-673, and 674 of this title, who have not attained the maximum rate of compensation for the grade in which their positions are respectively allocated, shall be advanced in compensation successively to the next higher rate within the grade at the beginning of the next pay period following the completion of (1) each twelve months of service if such employees are in grades in which the compensation increments are less than $200, or (2) each eighteen months of service if such employees are in grades in which the compensation increments are $200 or more, subject to the following conditions:
(1) That no equivalent increase in compensation from any cause was received during such period, except increase made pursuant to subsection (f) of this section;
(2) That an employee shall not be advanced unless his current efficiency is "good" or better than "good";
(3) That the service and conduct of such employee are certified by the head of the department or agency or such official as he may designate as being otherwise satisfactory; and
(4) That any employee, (A) who, while serving under permanent, war service, temporary, or any other type of appointment, has left his position to enter the armed forces or the merchant marine, or to comply with a war transfer as defined by the Civil Service Commission, (B) who has been separated under honorable conditions from active duty in the armed forces, or has received a certificate of satisfactory service in the Merchant Marine, or has a satisfactory record on war transfer, and (C) who, under regulations of the Civil Service Commission or the provisions of any law providing for restoration or reemployment, or under any other administrative procedure with respect to employees not subject to civil service rules and regulations, is restored, reemployed, or reinstated in any position subject to this section, shall upon his return to duty be entitled to within-grade salary advancements without regard to paragraphs (2) and (3) of this subsection, and to credit such service in the armed forces, in the merchant marine, and on war transfer, toward such
within-grade salary advancements. As used in this paragraph the term "service in the merchant marine" shall have the same meaning as when used in sections 1471-1475 of appendix to title 50.
(c) The term "good" as used in this section shall be defined in accordance with the systems of efficiency rating established pursuant to section 669 of this title.
(d) For the purposes of this section, the fourth salary rate in grades 2 and 3 of the custodial service shall be considered the middle rate. (e) Employees eligible under subsection (b) for compensation advancement by reason of service immediately preceding the effective date of this amendment shall be advanced to the next higher rate of compensation within the grade to which their positions are respectively allocated at the beginning of the next quarter immediately following the effective date of this amendment.
(f) Within the limit of available appropriations, as a reward for superior accomplishment, under standards to be promulgated by the Civil Service Commission, and subject to prior approval by the Civil Service Commission, or delegation of authority as provided in subsection (g), the head of any department or agency is authorized to make additional within-grade compensation advancements, but any such additional advancements shall not exceed one step and no employee shall be eligible for more than one additional advancement hereunder within each of the time periods specified in subsection (b). All actions under this subsection and the reasons therefor shall be reported to the Civil Service Commission. The Commission shall present an annual consolidated report to the Congress covering the numbers and types of actions taken under this subsection.
(g) The Civil Service Commission is authorized to issue such regulations as may be necessary for the administration of this section. In such regulations the Commission is empowered, in its discretion, to delegate to the head of any department or agency, or his designated representative, the authority to approve additional within-grade compensation advancements provided for in subsection (f), without prior approval in individual cases by the Commission. The Commission is also authorized to withdraw or suspend such authority from time to time, whenever post-audit of such actions by the Commission indicates that standards promulgated by the Commission have not been observed.
(h) The provisions of subsections (b)-(f), both inclusive, of this section shall not apply to the compensation of persons appointed by the President, by and with the advice and consent of the Senate. (As amended Aug. 1, 1941, ch. 346, § 2, 55 Stat. 613; June 30, 1945, ch. 212, title IV, §§ 402-404, 59 Stat. 299.)
1945-Subsec. (b) amended generally by act June 30, 1945, cited to text. Subsec. (f), amended by act June 30, 1945, cited to text, which struck out "and in recognition of especially meritorious services", and inserted in lieu thereof "as a reward * * in subsection (g),".
Subsec. (g), amended generally by act June 30, 1945, cited to text.
Amendment of section by act June 30, 1945, cited to text, was made effective on July 1, 1915, by section 610 of said act June 30, 1945.
§ 669a. Same; uniformity of administration; rules and regulations. No employee in any civilian position in the executive branch of the Government of the United States, other than an employee in or under the field service of the Post Office Department or any employee of the Tennessee Valley Authority, shall be rated as to efficiency except under a system of efficiency ratings approved by the Civil Service Commission, and that the provisions of section 669 of this title, shall apply to all efficiency ratings under rating systems approved by the Civil Service Commission.
The Civil Service Commission is authorized to make and publish rules and regulations for the administration of the provisions of this section. (July 31, 1946, ch. 720, § 1, 60 Stat. 751.)
Effective date.-Section 2 of act July 31, 1946, cited to text, provided: "The provisions of this act [this section] shall be effective upon enactment, except that with respect to employees in the field services whose positions are not subject to the Classification Act of 1923, as amended [sections 661-663, 664-669, 670– 672, 673, and 674 of this title], such of the provisions of section 9 of the Classification Act of 1923, as amended [section 669 of this title], as require the Civil Service Commission to approve reductions in compensation and dismissals for inefficiency, or confer the right to a hearing and review of efficiency ratings by boards of review, shall not become effective until such boards of review in the field services are established as provided in section 7 of the act of Nov. 26, 1940 (54 Stat. 1215) [section 669 of this title], under regulations prescribed by the Civil Service Commission, with the approval of the President."
§ 672a. Increase in basic rates of compensation.-Each of the existing rates of basic compensation set forth in section 673 of this title, except those of charwomen working part time, head charwomen, and positions in the clerical-mechanical services in Grades 1-4, is increased by 20 per centum of that part thereof which is not in excess of $1,200 per anum, plus 10 per centum of that part thereof which is in excess of $1,200 per annum but not in excess of $4,600 per annum, plus 5 per centum of that part thereof which is in excess of $4,600 per anum. Such augmented rates shall be considered to be the regular basic rates of compensation provided by section 673 of this title.
The increase in existing rates of basic compensation provided by this section and those for charwoman working part time, head charwomen and positions in the clerical-mechanical services in Grades 1-4 shall not be construed to be an "equivalent increase" in compensation within the meaning of section 667 (b) (1) of this title. (June 30, 1945, ch. 212, title IV, § 405 (a, c), 59 Stat. 300, 301.)
§ 672b. Additional increases in basic rates of compensation.— Each of the existing rates of basic compensation provided by section 673 of this title, except those of charwomen working part time, head charwomen, and persons in the clerical-mechanical service in Grades 1-4, is increased by 14 per centum of $250.00 per annum whichever is the greater except that no such rate shall be increased by more than 25 per centum. Such augmented rates shall be considered to be the regular rates of basic compensation provided by section 673 of this title.
The increase in existing rates of basic compensation provided by this section and for charwomen working part time, head charwomen and persons in the Clerical-Mechanical Service in Grades 1-4 shall not be construed to be an "equivalent increase" in compensation within the meaning of section 667 (b) (1) of this title. (May 24, 1946, ch. 270, § 2 (a, c), 60 Stat. 216.)
Codification.-Section which is composed of subsecs. (a) and (c) of section 2 of act May 24, 1946, cited to text, was enacted as a part of the Federal Employees Pay Act of 1946 and not as a part of the Classification Act of 1923 which is set out as sections 661-663, 664-673 and 674 of this title.
Short title.-Congress by section 1 of act May 21, 1946, cited to text, provided that sections 672b, 672c, 673, 902, 912, 921, 922, 931, 932, 933a, 934, 935, 942a, 942b, 943, 943a, 946, and 947 of this title should be popularly known as "The Federal Employees Pay Act of 1946."
Effective date.-Section 16 of act May 24, 1946, provided that "This act [sections 672b, 672c, 673, 902, 912, 921, 922, 931, 932, 933a, 934, 935, 942a, 942b, 943, 943a, 946, and 947 of this title], except section 14 (b) [subsection (b) of section 947 of this title], shall take effect on July 1, 1946."
Appropriations.-Section 15 of act May 24, 1946, cited to text, provided that "There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this act [sections 672b, 672c, 673, 902, 912, 921, 922, 931, 932, 933a, 934, 935, 942a, 942b, 943, 943a, 946, and 947 of this title].”
§ 672c. Same; application to certain grades of Crafts, Protective, and Custodial Service. With respect to grades 9 and 10 of the Crafts, Protective, and Custodial Service set forth in section 673 of this title, the increase in rates of basic compensation provided by section 672b of this title shall be computed on the rates of basic compensation established for such grades (May 24, 1946, ch. 270, § 12 (c), 60 Stat. 219.)
Section was enacted as a part of the Federal Employees Pay Act of 1946 and not as a part of the Classification Act of 1923, which is set out as sections 661-663, 664-673, and 674 of this title.
Effective date, see note set out under section 672b of this title.
§ 673. Compensation schedules enumerated.-The compensation schedules shall be as follows:
Grade 16 in this service, which may be referred to as the special executive grade, shall include all positions which are or may be specifically authorized or appropriated for at annual rates of compensation in excess of $9,000.
CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE
The crafts, protective, and custodial service shall include all classes of positions the duties of which are to supervise or perform the work of an apprentice, helper, or journeyman in a recognized trade or craft, or other skilled mechanical craft, or the work of an unskilled or skilled laborer, or police or fire protection work, or domestic or other manual or mechanical work involved in the protection, operation, or maintenance of public buildings, premises, and equipment; the transportation of public officers, employees, and property; the transmission of official papers; the guarding of persons in the custody of the Government, and caring for their domestic needs and those of persons in the employ or care of the Government.
Grade 1 in this service, which may be referred to as the junior messenger grade, shall include all classes of positions, the duties of which are to run errands, to check parcels, or to perform other light manual or mechanical tasks with little or no responsibility.