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CHAPTER 29

PAY AND ALLOWANCES, CIVILIAN EMPLOYEES

Classification act:

Average provision, 1622. Definitions, 1600.

Bonus for efficiency prohibited, 1624. Job specifications, qualifications, and Computation : titles, 1601.

Annual and monthly salaries, 1625. Allocations and fixing of compensation, Periods less than one year, 1626. 1602.

Contributions from private sources, 1627. Exempted positions and field service, 1603. Forty-hour week, 1627a. Initial compensation, 1604.

Stoppage of pay, overpayments received, 1628. Promotions within grade, 1605.

Transportation of effects, 1629. Efficiency ratings, 1606.

Actual expenses :
Transfers, 1607.

Permanent change of station, 1630.
Readjustment of compensation rates, 1608. Travel by sea, 1631.
Pay schedules, 1609.

Limitation to lowest first-class rate, 1632. Leave of absence :

Subsistence expense act, 1633. Annual, 1609b.

Travel by own automobile, 1634. Sick, 1609c.

Travel expense, expert accountant, Inspector Military, 1612.

General's Department, 1634a. Outside continental United States, 1613. Withholding of pay, 1634b. Allotment of pay, 1619.

Office of the Director of Public Buildings and Allowances in kind :

Public Parks of the National Capital, Field service, 1620.

establishment and duties, 1635. Employees stationed in foreign countries,

1621. 1600. Classification act; definitions.—That the term "compensation schedules" means the schedules of positions, grades, and salaries, as contained in section 13 of this Act.

The term “department” means an executive department of the United States Government, a governmental establishment in the executive branch of the United States Government which is not a part of an executive department, the municipal government of the District of Columbia, the Botanic Garden, Library of Congress, Library Building and Grounds, Government Printing Office, and the Smithsonian Institution.

The term "the head of the department" means the officer or group of officers in the department who are not subordinate or responsible to any other officer of the department.

The term "board” means the Personnel Classification Board established by section 3 hereof.

The term “position" means a specific civilian office or employment, whether occupied or vacant, in a department other than the following: Offices or employments in the Postal Service; teachers, librarians, school attendance officers, and employees of the community center department under the Board of Education of the District of Columbia ; officers and members of the Metropolitan police, the fire department of the District of Columbia, and the United States park police; and the commissioned personnel of the Coast Guard, the Public Health Service, and the Coast and Geodetic Survey.

The term "employee" means any person temporarily or permanently in a position.

The term "service” means the broadest division of related offices and employments.

The term "grade" means a subdivision of a service, including one or more positions for which approximately the same basic qualifications and compensation are prescribed, the distinction between grades being based upon differences in the importance, difficulty, responsibility, and value of the work.

The term "class” means a group of positions to be established under this Act sufficiently similar in respect to the duties and responsibilities thereof that the same requirements as to education, experience, knowledge, and ability are demanded of incumbents, the same tests of fitness are used to choose qualified appointees, and the same schedule of compensation is made to apply with equity.

The term "compensation" means any salary, wage, fee, allowance, or other emolument paid to an employee for service in a position. Sec. 2, act of Mar, 4, 1923 (42 Stat. 1488); 5 U. 8. C. 662.

1601. Classification act; job specifications, qualifications, and titles.—The board shall make all necessary rules and regulations not inconsistent with the provisions of this Act and provide such subdivisions of the grades contained in section 13 hereof and such titles and definitions as it may deem necessary according to the kind and difficulty of the work. Its regulations shall provide for ascertaining and recording the duties of positions and the qualifications required of incumbents, and it shall prepare and publish an adequate statement giving (1) the duties and responsibilities involved in the classes to be established within the several grades, illustrated where necessary by examples of typical tasks, (2) the minimum qualifications required for the satisfactory performance of such duties and tasks, and (3) the titles given to said classes. In performing the foregoing duties, the board shall follow as nearly as practicable the classification made pursuant to the Executive order of October 24, 1921. The board may from time to time designate additional classes within the several grades and may combine, divide, alter, or abolish existing classes. Department heads shall promptly report the duties and responsibilities of new positions to the board. The board shall make necessary adjustments in compensation for positions carrying maintenance and for positions requiring only part-time service. Sec. 3, act of Mar. 4, 1923 (42 Stat. 1489); 5 U. 8. C. 663.

The duties, powers, and functions of the Personnel Classification Board are hereby transferred to the Civil Service Commission; and

(a) the Personnel Classification Board, and the position of director of classification are hereby abolished ;

(b) all records and property, including office furniture and equipment, of the Board, are hereby transferred to the Civil Service Commission; and

(c) such of the officers and employees of the Board, as in the judgment of the Civil Service Commission, are indispensable to the efficient operation of the commission, are hereby transferred to such commission, and all other officers and employees of such Board shall be dismissed. Sec. 505, Title V, Part II, nct of June 30, 1932 (47 Stat. 416); 5 U. 8. C. 633a.

Secs. 506 (as amended by sec. 1, Title I, act of March 28, 1934, making appropriations for independent offices (48 Stat. 512)), 507, and 508 of the act cited in second paragraph above (5 U. 8. C. 633b, 5 U. S. C. 633c, and 5 U. S. C. 633d) provide, respectively, for the classification and compensation of employees transferred; the continuation in effect of orders, rules, and regulations issued by the Personnel Classification Board until modified, and of laws relating to the Board with respect to the Commission; and the transfer of appropriations.

The duties enumerated in the first paragraph were a function of the "Personnel Classification Board" under section 3 of the original Classification Act. A "director of classification" was created by section 6, act of July 1930 (46 Stat. 1005).

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Both the Personnel Classification Board and the position of Director of Classification were abolished, and their duties, powers, and functions, personnel, and appropriations transferred to the Civil Service Commission, effective October 1, 1932, by the second paragraph, supra.

1602. Classification act; allocations and fixing of compensation.-That after consultation with the board, and in accordance with a uniform procedure prescribed by it, the head of each department shall allocate all positions in his department in the District of Columbia to their appropriate grades in the compensation schedules and shall fix the rate of compensation of each employee thereunder, in accordance with the rules prescribed in section 6 herein. Such allocations shall be reviewed and may be revised by the board and shall become final upon their approval by said board. Whenever an existing position or a position hereafter created by law shall not fairly and reasonably be allocable to one of the grades of the several services described in the compensation schedules, the board shall adopt for such position the range of compensation prescribed for a grade, or a class thereof, comparable therewith as to qualifications and duties.

in determining the rate of compensation which an employee shall receive, the principle of equal compensation for equal work irrespective of sex shall be followed. Sec. 4, act of Mar. 4, 1923 (42 Stat. 1489); 5 U. 8. C. 664.

The Personnel Classification Board shall have authority to ascertain currently the facts as to the duties and responsibilities of any such position and to review and, subject to the President's approval, to change the allocation thereof whenever, in its opinion, the facts warrant: Provided, That such review and change shall be made only after consultation with the heads of the departments concerned and after affording all incumbents of positions affected an opportunity to be heard, of which hearing a permanent written record shall be made and kept, including all testimony taken: Provided further, That in all cases where the board shall change the allocation of a position to a lower grade the rate of pay fixed for such position prior to such change may be continued so long as the position is held by the incumbent then occupying it. Sec. \, act of July 3, 1930 (46 Stat. 1005); 5 U. S. C. 6736.

By 1601, ante, the Personnel Classification Board and the position of Director of Classic
fication were abolished, and their duties, powers, and functions, personnel, and appro-
priations transferred to the Civil Service Commission, effective October 1, 1932, all provi-
slons of law relating to the former to be continued in force with respect to the latter where
not inconsistent.

Increase of pay by reason of reallocation was suspended during the fiscal years 1934
and 1935, by section 3, act of June 16, 1933 (48 Stat. 304), and continuing act.
For first paragraph of this section as published in the 1929 Edition, see 1601, ante.
For third paragraph, see 1608, post.

1603. Classification act; exempted positions and field service. That the com-
pensation schedules shall apply only to civilian employees in the departments
within the District of Columbia and shall not apply to employees in positions
the duties of which are to perform or assist in apprentice, helper, or journeyman
work in a recognized trade or craft and skilled and semiskilled laborers, except
such as are under the direction and control of the custodian of a public building
of perform work which is subordinate, incidental, or preparatory to work of a
professional, scientific, or technical character. The board shall make a survey of
the field services and shall report to Congress at its first regular session fol-
lowing the passage of this Act schedules of positions, grades, and salaries for
such services, which shall follow the principles and rules of the compensation
schedules herein contained insofar as these are applicable to the field services.
This report shall include a list prepared by the head of each department, after

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consultation with the board and in accordance with a uniform procedure prescribed by it, allocating all field positions in his department to their approximate grades in said schedules and fixing the proposed rate of compensation of each employee thereunder in accordance with the rules prescribed in section 6 herein. Sec. 5, act of Mar. 4, 1923 (42 Stat. 1489); 5 U. 8. C. 665.

Those civilian positions in the field services under the several executive departments and independent establishments, the compensation of which was fixed or limited by law but adjusted for the fiscal year 1925 under the authority and appropriations contained in the Act entitled “An Act making additional appropriations for the fiscal year ending June 30, 1925, to enable the heads of the several executive departments and independent establishments to adjust the rates of compensation of civilian employees in certain of the field services," approved December 6, 1924, may be paid under the applicable appropriations for the fiscal year 1929 and thereafter at rates not in excess of those permitted for them under the provisions of such Act of December 6, 1924. Sec. 2, act of March 5, 1928 (45 Stat. 193); 5 U. 8. C. 677.

Upon the passage of this Act, the board shall forthwith make a survey of the classes of civilian positions in the various field services, exclusive of the Postal Service, Foreign Service, and employees in the mechanical and drafting groups whose wages are now or have heretofore been fixed by wage boards or similar authority, and shall present a report to Congress at its first regular session fol. lowing the passage of this Act, such report to contain: (a) Compensation schedules for such classes of positions, which shall follow the principles and general form of the compensation schedules contained in the Classification Act of 1923; (b) such additional services and grades as may be necessary according to the fields of work peculiar to the establishments concerned; (c) adequate descriptions of all the classes of positions within the scope of this Act, including the title of the class, a statement of its characteristic duties and responsibilities, illustrated where desirable by examples of typical tasks or of typical positions included in the class, a statement of the minimum qualifications as to education, experience, knowledge, and ability required for the satisfactory performance of the duties and the discharge of the responsibilities of the class and the salary rates for the class; (d) a list prepared by the head of each department, after consultation with the board, and in accordance with a uniform procedure prescribed by it, showing the allocation of all positions covered by this Act to their respective classes and grades and fixing the proposed rate of compensation of each employee thereunder in accordance with the rules prescribed in section 6 of the Classification Act of 1923; (e) recommendations as to principles and procedures for putting such compensation schedules into effect, for assuring uniform compensation of like positions under like employment and local economic conditions, and for carrying out the administrative steps necessary to keep the descriptions of classes and the allocations of positions to classes current accordingly as positions may be abolished or created or their duties or responsibilities changed; and (f) such statistical or other information as is necessary or desirable in exposition of the board's findings of fact as a result of its survey, or in explanation of its recommendations. Sec. 2, act of May 28, 1928 (45 Stat. 785).

The heads of the several executive departments and independent establishments are authorized and directed to adjust the compensation of certain civilian positions in the field services, the compensation of which was adjusted by the Act of December 6, 1924 (43 Stat. 704), to correspond, so far as may be practicable, to the rates established by the Act of May 28, 1928 (U. S. C., Supp. 3, title 5, sec. 673), and by this Act for positions in the departmental services in the District of Columbia : Provided, That the terms of this Act shall apply to employees carried under Group 4-B, including drafting groups, in the Schedule of Wages for Civil Employees under the Naval Establishment, notwithstanding the fact that the compensation of such employees was not adjusted by the Act of December 6, 1924 (43 Stat. 604), or the act of May 28, 1928 (U. S. O., Supp. 3, title 5, sec. 673): Provided, That in all cases where since December 6, 1924, in such adjustment the position occupied by an employee has been or shall be allocated to a grade with a maximum salary below the salary received by the incumbent the rate of pay fixed for such position prior to such allocation may be paid after the date of the enactment of this act so long as the position is held by the incumbent occupying it at the time of such allocation, and the Comptroller General of the United States is authorized and directed to allow credit in disbursing officers' accounts for all payments heretofore made at such higher rates. Sec. 3, act of May 28, 1928 (45 Stat. 785); sec. 2, act of July 3, 1930 (46 Stat. 1005); sec. 17, act of June 16, 1933 (48 Stat. 808); 5 U. S. C. 678.

By 1601, ante, the Personnel Classification Board and the position of Director of Classiication were abolished, and their duties, powers and functions, personnel, and appropriations transferred to the Civil Service Commission, effective October 1, 1932, all provisions of law relating to the former to be continued in force with respect to the latter where not inconsistent.

The “board" referred to is the Personnel Classification Board, whose functions were transferred to the Civil Service Commission by 1601, ante.

1604. Classification act; initial compensation. That in determining the compensation to be established initially for the several employees the following roles shall govern:

1. In computing the existing compensation of an employee, any bonus which an employee receives shall be included.

2. If the employee is receiving compensation less than the minimum rate of the grade or class thereof in which his duties fall, the compensation shall be increased to that minimum rate.

3. If the employee is receiving compensation within the range of salary prescribed for the appropriate grade at one of the rates fixed therein, no change shall be made in the existing compensation.

4. If the employee is receiving compensation within the range of salary prescribed for the appropriate grade, but not at one of the rates fixed therein, the compensation shall be increased to the next higher rate.

5. If the employee is not a veteran of the Civil War, or a widow of such veteran, and is receiving compensation in excess of the range of salary prescribed for the appropriate grade, the compensation shall be reduced to the rate within the grade nearest the present compensation.

6. All new appointments shall be made at the minimum rate of the appropriate grade or class thereof. Sec. 6, act of Mar. 4, 1923 (42 Stat. 1490); 5 U. 8. C. 666.

For text of this section as published in the 1929 Edition, see 1603, ante, except the last paragraph, based on act of March 4, 1929 (45 Stat. 1694), which is omitted as executed.

1605. Classification act; promotions within grade.-Increases in compensation shall be allowed upon the attainment and maintenance of the appropriate efficiency ratings, to the next higher rate within the salary range of the grade: Provided, however, That in no case shall the compensation of any employee be increased unless Congress has appropriated money from which the increase may lawfully be paid, nor shall the rate for any employee be increased beyond the maximum rate for the grade to which his position is allocated. Nothing herein contained shall be construed to prevent the promotion of an employee from one class to a vacant position in a higher class at any time in accordance with

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