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B-228650 1 (1988-10-26)

handle is hein.gao/gaobadngg0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washington, D.C. 2058

Decision


          Robert S. McCandliss - Unhealthful Foreign Post -
Matterof: Retroactive Designation

File:     B-228650

Date:      October 26, 1988


DIGEST

If adequate documentation is provided, the Secretary of
State may retroactively designate Juba, Sudan, as an
unhealthful post in order to allow an employee to receive
extra service credit for retirement purposes since the post
was not considered previously for such designation due to
administrative error.


DECISION

The issue in this case is whether the Secretary of State may
retroactively exercise his discretion to designate Juba,
Sudan, as an unhealthful post in order to allow an employee
of the Agency for International Development (AID) to receive
extra service credit for retirement purposes. For the
reasons stated below we hold that the designation may be
made retroactively if AID provides documentation adequate
for the Secretary to determine that the post was in fact
unhealthful during the period in question.

Mr. Robert S. McCandliss, an employee with AID, arrived in
Juba, Sudan, in 1979 and began to receive the post
differential payment designated for Juba at Section 920 of
the Department of State Standardized Regulations (Government
Civilians, Foreign Areas) (SR). Post differential payments
are authorized under 5 U.S.C. S 5925 for employees at posts
with environmental conditions which differ substantially
from conditions of environment in the continental United
States and warrant additional pay as a recruitment and
retention incentive.

Two months after his arrival in Juba, Mr. McCandliss
executed a form by which he elected to receive extra service
credit for retirement purposes in lieu of the post
differential. Such credit is authorized by 22 U.S.C. 5 4057
when an employee serves at a post designated as unhealthful

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