Page:United States Statutes at Large Volume 59 Part 1.djvu/317

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59 STAT.] 79TH CONG. , 1 ST SESS.-CH. 212-JUNE 30, 1945 of pay fixed for any class of positions under this Act and the compen- sation of employees whose basic rates of pay are fixed by wage boards or similar administrative authority serving the same purpose, the Commission is hereby 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 this Act 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. Mini- mum 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 Con- gress at the end of each fiscal year. Actions by the Civil Service Com- mission under this paragraph shall apply to both the departmental and field services and shall have the force and effect of law." PERIODIC WITHIN-GRADE SALARY ADVANCEMENTS SEC. 402. Subsection (b) of section 7 of the Classification Act of 1923, as amended, is amended to read as follows: " (b) All employees compensated on a per annum basis, and occupy- ing permanent positions within the scope of the compensation sched- ules fixed by this Act, 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 pur- suant 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 certi- fied 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 perma- nent 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 the Act entitled 'An Act to provide reemployment rights for persons who leave their positions to serve in the merchant marine, 299 Middle rate of grade. Report to Congress. Applicability of actions. 65 Stat. 613 . 5 U. S. 0., Supp. Iv, § 667 (b). Periodic within- grade advancements. Conditions. Post, p. 300. Employee leaving to Join armed forem etc. Restoration or re employment. - 8servce tbhe me chaut muarne