FPM TRANSMITTAL SHEET NO. 509

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05538A000100030008-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 9, 2016
• Document Release Date: August 11, 2000
• Sequence Number: 8
• Publication Date: July 22, 1955
• Content Type: REGULATION

Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
FEDERAL PERSONNEL MANUAL
UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON 25, D. C.
July 22, 1955
FPM TRANSMITTAL SHEET NO. 509
SUBJECTS: A. REGULATIONS GOVERNING SALARY RETENTION IN DEMOTION
ACTIONS.
B. PRO-RATA CREDIT FOR LEAVE.
C. MAXIMUM STIPENDS.
A. Regulations Governing Salary Retention in Demotion Actions.
1. The Commission has approved new salary retention regulations
governing the use of "saved rates" in effecting demotion actions.
These regulations permit agencies to authorize a temporary period
of salary retention for employees who are demoted. This period
affords agencies an opportunity to make any additional personnel
changes and at the same time to allow a personal readjustment
period for the employee.
2. Demotions due to personal cause, or at the employee's own request,
or in a reduction in force, are excluded from the benefits of the regu-
lations. When an agency elects to save his existing rate on the date
of the demotion, an employee is entitled to retain such rate for a
minimum period of 26 weeks or for such longer period as is indi-
cated in the table included in the regulations.
3. This retention period may be terminated at an earlier date for any
of the reasons set forth in Section 25.404.
4. The application of these regulations is entirely discretionary with
the agency. They may be applied to an employee, all employees,
or none, as the agency elects.
5. Paragraphs (e) and (f) of Section 25.103 of the pay regulations are
revoked effective July 23, 1955. However, an employee having a
saved rate based upon these paragraphs shall retain such rate until
he leaves his position.
6. Inquiries concerning these regulations from agencies in the Wash-
ington Metropolitan area may be directed to the Regulations Sec-
tion, Bureau of Programs and Standards, code 171, extension 3144.
Inquiries in the field should be directed to the appropriate regional
or branch office of the Commission.
('t'hese changes appear in Chapter Z1, Part 25 of the Commission's
regulations.)
Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
 Approved For Releas O00/08/29 : CIA-RDP78-05538A0001( 30008-0
B. Pro-rata Credit For Leave
1. A new section 30.207 is added to the Leave Regulatigns providing
for pro-rata credit for fractional pay periods occurring within the
continuity of employment. An employee will be entitled to a pro-
rata credit for leave for fractional pay periods when', he transfers
between positions with different pay periods, or under circumstances
such as immediately prior to or following a period when. (1) he was
receiving disability compensation under the Federal Employees'
Compensation Act; (2) he exercises statutory or regulatory resto-
ration rights after service in the armed forces; or (3) he is restored
after a period of unwarranted suspension or removal for' which retro-
active compensation is paid under the Lloyd-LaFollette Act, as
amended by Public Law 623, 80th Congress, approved June 10,
1948, or other appropriate authority.
2. The new regulation is an interpretation of section 203 (a) of the
Leave Act, and is retroactively effective to October 30, 1951, the
effective date of the Annual and Sick Leave Act of 1951. Agencies
are required to adjust leave accounts of employees who are affected
by the retroactivity of the new regulation, in accordance with
applicable provisions of the leave law and regulations, whenever an
employee so requests.
3. Inquiries on this material from agencies in the Washington Metro-
politan area may be made to the Bureau of Programs and Standards,
Regulation Section, Code 171, Extension 3144. Inquiries from
agencies outside this area may be made to the appropriate regional
or branch office of the Commission.
(These changes appear in Chapter Z1, Part 30 of the Commission's
regulations, and in Chapter L--1.)
C. Maximum Stipends
The maximum stipend for student nurses has been brought in line with
those for other fields of training under Public Law 330, 80th Congress.
Accordingly, all existing, maximum stipends for this category of
student employees are revoked, and a new maximum i~ prescribed,
effective July 1, 1955.
JOHN W. MACY, JR,
Executive Director.
This transmittal sheet is being issued ahead of TS 51
Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
 Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
*W01 SW
TS 509
July 22, 1955
(3)
CHANGES IN MANUAL TEXT
NOTE: The pen-and-ink changes indicated below must be made before re-
moving or inserting pages.
Remove
Insert
-
f C
E
i
hanges
xplanat
on o
Page
TS No.
Page
1.-1-15
499
L-1-15
See. item B above, "Pro-rata
L-1-16
499
L-1-16
credit for leave."
L-1-16.01
Z1-330.02
480
Z1-330.02
See item A above, "Regulations
Z1-330.03
governing salary retention in
demotion actions."
Z1-333
495
Z1-335
See item C above, "Maximum
Z1-334
495
Z1-336
stipends."
Z1-334.01
495
Z1-353
475
Z1-353
See item B above, "Pro-rata
Z1-354
475
Z1-354
credit for leave."
Changes to be made in pen-and-ink-
Page
Pen-and-ink change
Explanation of Changes
L-1-17,
Delete the first 18 lines
This material is reprinted on
left-hand
and footnote 1.
page L-1-16.01.
column
Z1-335
Change page number
Page renumbered to allow for
to Z1-337.'
expansion of preceding pages.
Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
 Approved For Release 20OO/O L? OIA-RDPv7d8-0 0c@Cf1$b03 e6-0 L-1-15
Full Biweekly Pay Period
SECTION 205 (b). An employee shall be con-
sidered for the purposes of this title to have been
employed for a full biweekly pay period if he
shall have been employed during the days within
such period, exclusive of holidays and all non-
workdays established by Federal statute or by
Executive or administrative order, which fall
within this basic administrative workweek.
DEFINITIONS CONTAINED IN THE
REGULATIONS
ruled as subject to quarantine or requiring
isolation of the patient by the health authorities
having jurisdiction.
(g) The term "agency" or "agency head"
means "the heads or governing bodies" of the
various Governmental agencies.
(h) "Leave year" means the period from the
beginning of the first complete pay period in
the calendar year to the beginning of the first
complete pay period in the following calendar
year. However, the 1953 leave year began
immediately following the last compete pay
period in 1952.'.
REGULATION
SECTION 30.101. DEFINITIONS.-(a) "Act" as
used in this part means the Annual and Sick
Leave Act of 1951, as amended (Title II, Public
Law 233, 82d Congress, approved October 30,
1951, 65 Stat. 679, as amended by Public Law
102, 83d Congress, approved July 2, 1953.)'
(b) "Employee" and "employees" include
officer and officers respectively.
NOTE.-The officers who have been excluded from
coverage of this part under authority of section 202 (c)
(1) (C) of the Annual and Sick Leave Act of 1951, as
amended (67 Stat. 136, 5 U. S. C. 2061), are listed in
Appendix A to this part, pursuant to E. 0. 10540, 19
F. R. 3983. Section 202 of the act, as amended (65
Stat. 679, 67 Stat. 136, 5 U. S. C. 2061), lists other
officers and employees who are specifically excluded
from coverage.
(c) "Pay period" shall include biweekly,
semimonthly, or other pay period when used
in these regulations.
(d) "Accumulated annual leave" means the
unused annual leave remaining to the credit of
the employee at the beginning of the first
complete pay period occurring in any calendar
year.'
(e) "Medical certificate" means a written
statement signed by a registered practicing
physician or other practitioner, certifying to
the period of disability of the patient while
lie was undergoing professional treatment.
(f) "Contagious disease" means a disease
As amended September 23, 1953, effective July 2,
1.953.
ANNUAL LEAVE
Rate of Accrual
Creditable Service for Leave Purposes
SECTION 203 (a). Officers and employees to
whom this title applies shall be entitled to annual
leave with pay which shall accrue as follows:
(1) one-half day for each full biweekly pay
period in the case of officers and employees
with less than three years of service.
(2) three fourths day for each full biweekly
pay period (except that the accrual for the last
full biweekly pay period in the year shall be
one and one-fourth days) in the case of officers
and employees with three but less than fifteen
years of service; and
NOTE
Additional leave accrual.-From the C:.-autroller
General's decision B-116314, 33 Comp. Gen. 85, .i.ugust
20, 1953, "While sections 203 (c), 203 (d) and 208 (a)
of the Annual and Sick Leave Act of 1951, which govern
the point at which accumulation pf annual leave occurs
and excess annual leave is forfeited, were amended by
the Act of July 2, 1953, to establish that point as the
beginning of the first complete pay period in any year
instead of the end of the last complete pay period in
any year, section 203 (a) (2) of the 1951 Act which
prescribes an additional leave accrual to certain em-
ployees for the last full pay period in the year has not
been amended, and therefore such employees may
continue to be given this additional leave accrual for
the last full pay period in the calendar year."
Federal Personnel Manual TS 509
Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
 L,1-16Approved For Releas 000V0&/2'9E_,C ROW,O553$A0001 30008-0
SECTION 203 (a)
(3). One day for each full biweekly pay period
in the case of officers and employees with fifteen
years or more of service.
In determining years of service for the purposes
of this subsection, there shall be included all serv-
ice creditable under the provisions of Section 5 of
the Civil Service Retirement Act of May 29, .1930,
as amended, for the purposes o f an annuity under
such Act and the determination of the period of
service rendered may be made upon the basis of an
aidavit of the employee. In the case of an officer
or employee who is not paid on the basis of bi-
weekly pay periods, the leave provided by this
title shall accrue on the same basis as it would
accrue if such oficer or employee were paid on
the basis of biweekly pay periods.
*SECTION 30.207. FRACTIONAL PAY PERIODS.-
An employee shall be given pro-rata credit for
leave for fractional pay periods occurring within
the continuity of employment when his service
is interrupted by a nonleave-earning period.'
The following table may be used as a guide in deter-
mining the amount of pro-rata credit for leave:
Biweekly Pay Priod lioirlg accrual rate
11'ork Days
Category 4
Category C
Category 8
1
I
1
I
2
1
1
2
3
I
2
2
4
2
2
3
5
2
3
4
6
2
4
5
7
3
4
6
8
3
5
6
9
3
5
7
10
4
6
8
Section 30.207, above, is not applicable to cases
which are subject to section 30.204 (see L-1-25) where
an employee is eligible to earn leave, but whose leave
credits are reduced when his total absence in a noupay
status within a, leave year equals the base pay hours in
one pay period. For example, an employee is inter-
nmittently on leave without pay during the period
As added effective July 22, 1955, FR 5254.
.January 2 through September 10, 1955, at which time
his leave without pay totaled 88 hours. He is in the
leave-earning category of 8 hours for each full bi-
weekly pay period. His, leave account, therefore,
must be reduced by one leave day. However, an em-
ployee carried onthe rolls ina LW OP status while receiv-
ing disability compensat:ioni is not entitled to earn any
leave during such period of absence and no reductions
in leave credits is required] The employee is credited
only with leave earned in a duty status under section
30.207, and section 30.204 is not applicable.' 71t?
i
NOTES
Creditable service: From Comptroller General's
decision B-106704, 31 Corop. Gen. 215, December 14,
1951, Question 2: "* * * It fairly may be concluded
that the Congress did not ii tend that service be actually
creditable for annuity purposes before being used to
determine an employee's leave scale but rather had
reference to potentially creditable service, that is, service
which could form the basis for an annuity at some future
date." (Italics supplied.) (Chapter R5 of this Man-
ual may be consulted for assistance in determining credit-
able service.)
Aleuts-creditable service: From Comptroller Gen-
eral's decision B-110845, 32 Comp. Gen. 86, August 11,
1952: "In view of the determination by the Civil Serv-
ice Commission that the 4leut workmen could not be
credited for retirement purposes with service prior to
January 1, 1950, it must be concluded that service prior
to that date is not potentially creditable for retirement
purposes. It appears to be the intent of the statute
that any service, actual orjpotential, not creditable for
retirement purposes, properly is for exclusion in determin-
ing years of service for the purposes of section. 203, * * *.
Hence, it is concluded that the workmen here involved
could not count service rendered prior to January 1,
1950, in determining the apnual leave credits to which
entitled under the new Annual and Sick Leave Act of
1951."
Fractional pay periods.-r-- From the Comptroller Gen-
eral's decision B-1067g4, December 14, 1951, 31
Comp. Geri. 215, Questioxrs 7a and 7b: "* * * It is
not believed the provisions of section 203 (a) were in-
tended to deprive employees of any leave whatsoever
for the period between January 6, 1952, the effective
date of the Act, and any other later date on which a
biweekly pay period begins after January 6, 1952, merely
because their pay periods might; begin at it date later
than January 6, 1952, nor'lo deprive them of leave when
they transfer bet ween positions with different pay periods."
(Italics supplied.)
Fractional pay periods=Employee's compensation
rolls -From Comptroller General's decision B -112674,
32 Comp. Gen. 310, January 5, 1953: "While the pro-
visions of Annual and Sick Leave Act of 1951, prohibit
'i. TS 509 Federal Personnel Manual
Approved For Release 2000/08/29 CIA-RDP78-05538A00010~D030008-0
 Approved For Release 2Y1`t~$i9I'IA-$-~Ob16~3~3(~8`-~ L-1-16.01
credit for leave for any fraction of a pay period, an
employee who goes on leave without pay in order to
receive compensation under the Employee's Compensa-
tion Act is to be regarded as having completed a full
pay period and entitled to receive a pro-rata credit for
that part of the period when he was not in receipt of
such compensation."
Effective Date of Change in Rate of Accrual
SECTION 203 (b). Any change in the rate of
accrual of annual leave by an officer or employee
under the provisions of this section shall take
effect as of the beginning of the pay periodfollowing
the pay period, or corresponding period in the
case of an officer or employee who is not paid on
the basis of biweekly pay periods, in which such
officer or employee completes the prescribed period
of service.
SECTION 203 (e). The annual leave provided
.for in this section, which is not used by an officer
or employee, shall accumulate for use in succeed-
ing years until it totals not to exceed thirty days at
the beginning of the first complete biweekly pay
period, or corresponding period in the case of an
officer or employee who is not paid on the basis of
biweekly pay periods, occurring in any year.'
I As amended by Public Law 102, 83d Congress,
approved July 2, 1953, which reduced maximum accu-
mulations from 60 to 30 days, except under the savings
provision in section 208 of the Act. See Transmittal
Sheet 444, dated September 17, 1953.
NOTES
Leave year.-From Comptroller General's decision
B-108880, May 8, 1952, 31 Comp. Gen. 581, question
1. (a): "However, since section 203 of the new leave act
limits annual leave accumulations as of the end of the
last complete biweekly pay period occurring in any
year, it appears that the said act, in effect, has estab-
lished a `leave year' for certain purposes, namely the
determination of maximum accumulations and the
effecting of such adjustments as previously were
required to be made at the end of the calendar year,
as well as the advancement of leave against subsequent
accruals. For such purposes, the leave year, as sug-
gested in your letter, shall be considered as beginning
on the first day following the end of the last complete
biweekly pay period in any calendar year and ending
on the last day of the last complete biweekly pay period
in the following calendar year."-Subsections 203 (c)
and (d), and 208 (a) of Public Law 102, 83d Congress,
changed the point at which accumulation occurs and
excess annual leave is forfeited to the beginning of the
first complete pay period in any year, instead of the
end of the last complete pay period in any year.
Leave forfeited in excess of maximum accumula-
tion.-From Comptroller General's decision B-109327,
32 Comp. Gen. 111, August 27, 1952: "A Government
employee who tendered her resignation requesting
separation from the service at close of business January
1, 1952, although her last day of active duty was
December 29, 1951, must be separated in accordance
with the terms of the resignation as tendered, that is,
as of close of business January 1, 1952, and therefore,
the employee forfeited that portion of accrued annual
leave in excess of the sixty day maximum accumulation
permitted to be carried forward into the calendar
year 1952." '
TS 509 Federal Personnel Manual
Approved For Release 2000/08/29 : CIA-RDP78-05538A000100030008-0
 Approved For Rife 26(1( fr1'9'" CI,& 78L6~9AA{'1 IV001f00 '4'alatgons Z1-330.02
r.%
discretion of the head of the department, for
not more than 14 consecutive calendar (lays,
and for a total of not more than 30 working days
in any calendar year.
(d) During periods when an employee is not
entitled to receive additional compensation
under section 25.251 or section 25.261, he shall
be paid for overtime, night and holiday duty in
accordance with other sections of this subpart.
(e) Payments of additional compensation
under section 25.251 or section 25.261, shall
continue during periods of leave with pay taken
during periods in which additional compensa-
tion under such sections is payable in accord-
ance with paragraphs (a), (b), and (c) of this
section.
SEC. 25.273 Relationship to other payments.
(a) Employees receiving additional compensa-
tion tinder section 25.251 shall not receive
premium compensation for overtime, night, and
holiday duty under any other sections of this
subpart.
(b) Employees receiving additional com-
pensation under section 25.261 shall not receive
premium compensation for irregular, unsched-
uled overtime duty or duty at night or on holi-
(lays under any other sections of this subpart,
but shall be paid under other sections of this
subpart for regularly scheduled overtime duty.
(c) Overtime, night, or holiday services com-
pensated under any statute other than the
Federal Employees Pay Act of 1945, as
amended, shall not be considered as a basis for
payment of additional compensation under
section 25.251 or section 25.261.
(d) Additional compensation under section
25.251 or section 25.261 is not base pay, and is
not included in the base used in computing
retirement deductions, foreign and territorial
allowances and differentials, or any other bene-
fits or deductions that are computed on base
pay alone.
SEC. 25.274 Maintenance of existing aggre-
gate rate of compensation. The provisions of
section 25.251 and section. 25.261 shall not
operate to decrease the existing aggregate rate
of compensation of any present employee.
* SUBPART D
SALARY RETENTION RULE
SEC. 25.401 SCOPE. This subpart-_ shall
apply to salary retention in demotion actions.
Subparagraphs (e) and (f), Section 25.103 of
Subpart B of this Part have been revoked
effective duly 23, 1955. However, an em-
ployee having a saved rate thereunder shall
retain such rate until lie leaves his position.
SEC. 25.402 Employee coverage. (a)
Employees covered.-At the discretion of his
agency, the regulations in this subpart shall
apply to an employee who is changed to a
lower grade position under the Classification
Act in which the maximum scheduled rate is
less than his existing rate. The regulations
are applicable without regard to whether the
position "from which he is changed is under the
Classification Act..
(b) Employees not covered.-The regulations
in this subpart shall not apply to any employee
who is demoted for personal cause, at his own
request, or in a reduction in force. Further,
they shall not apply to temporary, seasonal,
intermittent or when actually employed
(W. A. E.) employees, or to any employee
hired on a fee, contract, or piece-work basis.
SEC. 25.403 Definitions.-As used in this
subpart, the term: (a) "Existing rate" means
the rate of basic compensation the employee
would have received on the effective (late of
the demotion action had the demotion not.
taken place.
(b) "Retention period" means a period of 26
weeks or such longer period computed in
accordance with the table under section 25.406,
whichever is the greater.
SEC. 25.404 Salary retention.-(a) Under
the conditions set forth in section 25.402, an
Federal P rso tel Manual TS 509
Approved for 'Nelease 2000/08/29 .: CIA-RDP78-05538A000100030008-0
 Z1-330,Q~prov~t lF ' e ~ (!~0/$8f2 ei dRl '8 9 f
agency is authorized to save an employee's RETENTIbN TABLE
existing rate in a demotion action. An em-
ployee's saved rate shall be terminated at the
expiration of his retention period. However,
if one of the following actions occurs prior to
the expiration of the retention period, his
saved rate must be terminated at such time:
(1) He is demoted or reassigned for personal
cause, at his own request, or in a'reduction in
force;
(2) He is changed to a new position which
entitles him to a rate equal to or greater than
his saved rate;
(3) He becomes entitled to a rate higher than
his saved rate through entitlement to a longevity
step increase which he earns in the grade to
which lie has been demoted;
(4) He is changed to a position not subject to
the Classification Act of 1949, as amended; or
(5) He has a break in service of one workday
or more.
SEC. 25.405 Computation of service. (a) For
the purpose of determining the employee's
retention period, the following service (including
intervening service in public international or-
ganizations or military service in accordance
with the provisions of Parts 26 and 35 of this
Chapter) shall be credited:
(1) Service in a Classification Act grade
higher than the grade to which demoted; and
(2) Service in or under a department as
defined. in section 201 (a) of the Classification
Act in a position not under the Act at a salary
rate higher than the maximum scheduled rate
of the grade to which demoted.
(b) The above service shall be counted
whether or not interrupted by a break in
service, by service in a lower Classification Act
grade, or by service at a lower rate in a position
outside the Act. Total periods of unpaid
absence in excess of 26 weeks in any one calendar
year shall be excluded in the computation of
service toward the retention period.
SEC. 25.406 Computation of retention period.
An employee's retention period shall be de-
termined by computing his total creditable
service and fixing the retention period in
accordance' with the following table:
Retention Period
Creditable Service Weeks
3 years or less___________! __________________
26
Each additional year----- 1 ------------------
8
For fractional part of a year:
One Quarter-
2
Two Quarters. ------- T------------------
4
Three Quarters ______t____________
6
Fractional periods of service less than a quarter
shall be rounded off to the next higher quarter.
In computing aggregate service (as distin-
guished from continuous service) a quarterly
period shall consist of 91 calendar days.
NOTE
Example:
An employee whose aggregate service is 5 years,
8 months, and 27 days, retains his salary rate for
a period of 48 weeks based on the above table.
At the termination of, his retention period, he is
then paid an appropriate rate for his new grade,
in accordance with existing regulations.
SEC. 25.407 Subsequent actions. If, upon
further demotion of an employee receiving a
saved rate, the agency determines that the
regulations in this subpart are to be applied,
his second retention period shall be computed
beginning with the date of his subsequent
demotion. However, in any case he shall
retain his first saved rate until the termination
of the original retention period. Upon termina-
tion of the original retention period, the
employee shall be given a saved rate based
on the maximum scheduled rate of the grade
of the position to which originally demoted for
the remainder of his second retention period.
SEC. 25.408 General provisions. (a) Step
increases. An employee is eligible to earn
longevity step increases only in the grade to
which demoted or regraded, and riot in the grade
from which he derives 111s saved rate.
(b)