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B-194024 1 (1981-04-09)

handle is hein.gao/gaobactxg0001 and id is 1 raw text is: UNITED STATES GENERALCCOUNTING OFFICE WASHINGTON, D.C. 20548 IN REPLY B-194024 REFER TO: OFFICE OF GENERAL COUNSEL ' AP 9 198 Mr. Robert L. Reynolds 27447 S.W. 145th Avenue Naranja, Florida 33032 Dear Mr. Reynolds: This is in response to your letter of March 4, 1981, Lrequestlig that the retroactive temporary promotion au h eeked in Comptroller General's _deision Matter of Robert L. Reynolds, B-194024, July 25, 1980,Cbe changed to & permanent promotion Authority for your temporary promotion was found in the decisions Matter of Turner-Caldwell, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977) as further implemented by Civil Service Commission (now Office of Personnel Management) regulations found at subchapter 8, chapter 300 of the Federal Personnel Manual. Under that authority an employee detailed to a higher grade position without prior approval by the Commission for more than 120 days is entitled to retroactive temporary promotion for that part of the detail beginning on the 121st day. This is an exception to the general rule that an employee is entitled only to the salary of his appointed position regard- less of the duties he actually performs. There is no authority in the Turner-Caldwell case to grant a permanent promotion to the position involved in the detail. 57 Comp. Gen. 427, supra. Accordingly, your March 4 letter provides no basis upon which the Comptroller General's decision of July 25,' 1980, may be reconsidered. Sincerely yours, Edwin J. Monsma Assistant General Counsel

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