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B-193991 1 (1979-08-21)

handle is hein.gao/gaobadhnq0001 and id is 1 raw text is: 





DECISION





FILE:  B-193991


8  THE  COMPTROLLER GENERAL
A  OF   THE UNITEO STATES
   VVWASHINGTO N. D.  . 20548




          DATE:  August 21, 1979


MATTER OF: County-Committee Employee Appointed in   Department
               of Agriculture - Initial Pay Rate


DIGEST:


Under 5 U.S.C. § 5334(e) a county-committee employee
may receive a Department of Agriculture appointment at
the step of a GS grade not exceeding the highest basic
pay previously received in a county-committee position.
Consequently, when the highest previous basic pay falls
between two consecutive steps of a GS grade, an appoin-
tee's initial pay may not be at the higher of the two
steps.


     An employee of a county-committee established under the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may
receive a Federal appointment with the Department of Agriculture at
the pay rate prescribed in 5 U.S.C. § 5334(e) (1976). The Secretary
of Agriculture asks whether that pay rate may be (1) at the step of
the General Schedule (GS) grade that does not exceed the highest
previous rate of pay received in the county-committee position or (2)
at the higher of two consecutive steps of the appointee's GS grade if
the highest previous county-committee rate was between the two steps.


              The initial GS rate prescribed by 5 U.S.C. § 5334(e) for new
         Department of Agriculture appointees formerly employed by the county
         committees is:

              the minimum rate of the appropriate [GS] grade,
              or * * * any step of such grade .that does not
              exceed the highest previous rate of basic pay
              received by him [the new appointee] during service
              with such county committee. (Emphasis and
              brackets added.)

         This language was added by section 1 of the act of June 29, 1968,
         Pub. L. 90-367, 82 Stat. 277.

              The House Report on the above legislation (H. Rept. No. 1371,
         90th Cong., 2d Sess.), reprinted in the U.S. Code Cong. and Ad.
         News 2433 says:









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