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B-151483 1 (1979-04-02)

handle is hein.gao/gaobactzv0001 and id is 1 raw text is: United States General Accounting Office Washington, DC 20548 Office of General Counsel In Reply Refer to: Colonel D. E. Dobson Division Engineer Huntsville Division, Corps Department of the Army P.O. Box 1600 West Station Huntsville, Alabama 35807 DoE APR Z of Engineers J,;q AWi (' ST- lV5a - n7o WE ~ Dear Colonel Dobson: * ~* -a This letter is in response to your letter concerning the decision in 43 Comp. Gen. 701 (1964) and the alleged inequity that has occurred from the operation of the rule set forth in that deci- sion. You have asked that the Comptroller General reconsider that decision. The statutory provisions establishing the decisionmaking authority of the Comptroller General do not entitle you to a deci- sion. See 31 U.S.C. 74 and 82d (1976). However, the following information may be helpful to you. The gomptroller General has, on a number of occasions, eviewedthe decision in 43 Comp. Gen. 7011 The Civil Service ommission (now the Office of Personnel Management (OPM)) has disagreed with our interpretation of 5 U.S.C. 5334(b) regarding step increases on repromotion as being too restrictive. OPM's view is based on the fact that since an employee whose rate of pay on repromotion is the same as his retained rate he has not received any increase in actual pay, it is inequitable to regard this action as an equivalent increase. In 1975, the period of time referred to in your letter, employees demoted as a result of a reduction in force were entitled to salary retention pursuant to 5 U.S.C. 5337 (1976). That section provided that under the conditions stated therein a General Schedule employee who is reduced in grade is entitled to basic pay including statutory increases, at the rate he was en- titled to immediately before the reduction for a period of 2 years from the effective date of the reduction. Under this statute the rate of compensation was to be retained for 2 years but the grade was reduced and if he was not repromoted during the period of & 6 q 75/ GAO B-151483 e

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