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B-197983 1 (1981-05-22)

handle is hein.gao/gaobactxa0001 and id is 1 raw text is: I r V o5/ 5- UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-197983 May 22, 1981 Mr. Jon Heller International Organizer Office and Professional Employees 236 Daylight Building Knoxville, Tennessee 37902 Dear Mr. Heller: Reference is made to your letter dated March 27, 1981, concerning Mr. John A. Thompson's claim of entitlement to grade and pay retention as the result of a reduction in force (RIF) due to the closing of a Department of Defense installation. You have asked for reconsideration of our decision B-197983, October 21, 1980, denying Mr. Thompson's claim on the basis that he was not placed in the lower- grade position as a result of RIF procedures. In so holding, we noted that Mr. Thompson was not subject to a RIF notice at the time he obtained the downgraded position with another agency. As a basis for requesting reconsideration, you have submitted a letter dated March 28, 1977, indicating that all civilian employees of the Missile Site Radar Branch were to be off the rolls by September 30, 1977. The letter of March 28, 1977, indicates that Mr. Thompson was notified of the impending RIF prior to his departure on April 10, 1977, for a downgraded position with the Department of Energy. Given this notice, you suggest that it is an overly restrictive interpretation of the regulations to deny grade and pay retention simply because he departed voluntarily before the formal RIF notice was issued on June 30, 1977. While we do not question your view that Mr. Thompson acted prudently under the circumstances, he was not placed in a lower-grade position as a result of RIF procedures but rather as a voluntary act on his part. Grade and pay retention under 5 U.S.C. §9 5362 and 5363 (Supp. II, 1978) extend to an employee who is placed as a result of reduction in force procedures in a lower-grade position. Thus, its benefits are limited to cases where the agency responsible for the RIF offers or places the employee in

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