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PUBLIC LAW 85-737-AUG. 23, 1958

[72

ST A T.

Public Law 85-737 August 23, 1958 [H. R. 1168]

Federal employees. Downgrading actions. C ompens ation. 5 USC 1107.

AN ACT To clarify the application of section 507 of the Classification Act of 1949 with respect to the preservation of the rates of basic compensation of certain officers or employees in cases involving downgrading actions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemmed^ That section 507 of the Chissification Act of 1949, as amended (70 Stat. 291; Public Law 594, Eighty-fourth Congress), is amended to read as follows: "SEC. 507. (a) Subject to the limitation contained in subsection (c) of this section, each officer or employee subject to this Act— "(1) who at any time after June 17, 1956, is or was reduced in grade from any grade of a basic compensation schedule of this Act (otjier than grade 16,17. or 18 of the General Schedule); "(2) who, on the effective date of such reduction in grade, holds or held a career or career-conditional appointment in the competitive civil service or an appointment of equivalent tenure in the excepted service or holds or held a position outside the competitive civil service and the excepted service as an officer or employee of the Library of Congress, of the Architect of the Capitol, of the Botanic Garden, or of the municipal government of the District of Columbia; "(3) whose reduction in grade is not or was not caused by a demotion for personal cause, is not or was not at his own request, and is not or was not effected in a reduction in force due to lack of funds or curtailment of work; "(4) who, for two continuous years immediately prior to such reduction in grade, served (A) in the same department and (B) in the same grade or in the same and higher grades; and " (5) whose performance of work at all times during such period of two years is or was satisfactory or better than satisfactory, shall be entitled, as of the effective date of such reduction in grade or as of the first day of the first pay period which begins after the date of enactment of this amendment, whichever is later, unless or until he is entitled to receive basic compensation at a higher rate by reason of the operation of this Act, or until the expiration of a period of two years immediatel;)/^ following the effective date of such reduction in grade or immediately following the first day of such first pay period, as applicable, to receive the rate of basic compensation to which he was entitled immediately prior to such reduction in grade so long as he continues in the same department without any break in service of one workday or more and is not demoted or" reassigned for personal cause, at his own request, or in a reduction in force due to lack of funds or curtailment of work. "(b) Subject to the limitation contained in subsection (c) of this section, each officer or employee subject to this Act— "(1) who, during the period beginning July 1, 1954, and ending June 17, 1956, was reduced in grade from any grade of a basic compensation schedule of this Act (other than grade 16, 17, or 18 of the General Schedule); "(2) whose reduction in grade was not caused by a demotion for personal cause, was not at his own request, and was not effected in a reduction in force due to lack of funds or curtailment of work; "(3) who, for two continuous years immediately prior to such reduction in grade, served (A) in the same department and (B) in the same grade or in the same and higher grades;

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