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B-248460.2 1 (1992-11-10)

handle is hein.gao/gaobadbyp0001 and id is 1 raw text is: Comptroler General of the United States Decision Of Matter of: Michael Kostishak File: B-248460.2 Date: November 10, 1992 DIGEST A court clerk's appointing official did not approve his authorized promotion in grade until about four months after he was first eligible for the increase. The employee claims a retroactive pay increase for the four months. The author- ity under which the increase was granted made it contingent upon the request of the appointing official, and the general rule is that such an increase-is not..effective before the official exercises his discretion to grant it. Since the record shows no clerical or administrative error, there is no basis on which the increase may be made effective retroactively. DECISION Mr. Michael Kostishak, Clerk of the U.S. Bankruptcy Court at Baltimore, Maryland, requests our review of a Claims Group settlement' denying his claim for a retroactive salary increase. We affirm the settlement. BACKGROUND At its September 12, 1990 meeting, the Judicial Conference of the United States2 authorized a salary increase for certain Judicial branch executives, in relevant part as follows: 1Z-2867831-347, June 22, 1992. 2The Judicial Conference of the United States is composed of the Chief Justice of the United States, the Chief Judge of each judicial circuit, the Chief Judge of the Court of International Trade and a district court judge from each judicial circuit. The Conference prescribes rules and regulations related to th administration of the Judicial Branch. 28 U.S.C. 5 331 1 988).

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