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B-200114 1 (1981-03-16)

handle is hein.gao/gaobacuue0001 and id is 1 raw text is: 7GAO-7 United States General Accounting Office Office of Washington, DC 20548. General Counsel In Reply Refer to:B-20 0114 March 16, 1981 Mr. Steven G. Nelson 2117 W. 1300 N. Clinton, Utah 84015 Dear Mr. Nelson: This is in response to your letter dated July 7, 1980, by which you appeal the action taken by our Claims Division on A ril 23, 1980, denying your request for pay retention You cite Federal Personnel Manual (FPM) Bulletin 536 , section 536.212(4) which states that pay retention shall be extended to any employee whos / pay would be reduced because he no longer meets allowable periods of service in foreign areas. As a result, you do not understand why acceptance of the downgraded position at Hill Air Force Base does not entitle you to receive retained pay. The Department of Defense issued interim pay re- tention regulations pursuant to FPM Bulletin 536-1. Under these reoulations the Department of Defense extended pay retention to DoD employees in certain situations, including when the employee is reduced in grade upon return from an overseas assignment in accordance with the terms of a preestablished agreement. Although there is no reference to a preestablished agreement between you and the Department of Defense in the record, we assume that any such agreement would be in accordance with analicable statutes and regulations. Section 1586 of title 10 of t 7 S Code, which concerns DoD civilian employces assignea to duty outside the United States, specifies that: (c) The right to return to a position in the United States granted under this section shall be without rceuction in

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