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B-221176 1 (1986-04-24)

handle is hein.gao/gaobadmhh0001 and id is 1 raw text is: 


                         THE COMPTROLLER GNERAL
 DECISION              . OP THU UNITO STATES
                          WASHINGTON. 0. C. 20549



 FILE:B-221176                 DATE: April 24, 1986

 MATTER OF: Rufus R. Johnson


 DIGEST:
          Where, as the result of a discrimination
          complaint, an employee is promoted to
          GS-12 retroactive to a date prior to the
          date he was awarded a quality step
          increase in his GS-11 position, amounts
          attributable to the quality step
          increase in the lower grade are to be
          deducted from the pay of the higher
          grade position to determine the
          employee's backpay entitlement. Because
          a quality step increase may not be
          granted retroactively, the employee may
          not be granted a quality step increase
          effective retroactive to a date 1 year
          after the effective date of his retro-
          active promotion to GS-12.

     We have been asked to determine the effect of a quality
step increase on the pay entitlement of an Army employee
who, as the result of an Equal Employment Opportunity
settlement action, was retroactively promoted from GS-11 to
GS-12 prior to the date the quality step increase took
effect in the lower grade position.1/ Amounts the employee
received in his lower grade position, including amounts
attributable to the quality step increase, are to be set
off against the salary of the employee's higher grade posi-
tion in determining the amount of his backpay award and the
employee may not be retroactively awarded a quality step
increase in the higher grade position.

     On January 4, 1981, Mr. Rufus R. Johnson, a Supply
Officer with an Army activity in Germany, was awarded a
quality step increase from GS-11, step 7 to GS-11, step 8.
Pursuant to the settlement in January 1983 of his Equal
1/ The request was made by William M. Frailey, Chief,
    Civilian Personnel Center, Department of the Army,
    Alexandria, Virginia.




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