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B-187846 1 (1978-02-17)

handle is hein.gao/gaobadfsg0001 and id is 1 raw text is: DEISTHI COMPTROLLER 1ENEPAL tIIF P THE UNITED ETATEE WASHINGTON, D.C. 2054a 8-187846 DATE: Nbrary 17, 1M MATTER O DIGEST: Roger Rosenwald - Computation of Backpay Award Employee was permanently promoted from GS-14, *te[ 4 to GS-15, step 2, 1 year after detail to higher graded position. Under our decision in Turner-Caldwell, 55 Comp. Gen. 539 (1975), employee was entitled to temporary promotion from GS-14, step 3, to GS-15, step 1, on October 11, 1972, 121 days after detail began. Under 5 C.F.R. 5 550.804(a) the employee's pay is to be recomputed as if the unwarranted or unjustified personnel action had not occurred. Thus, the employee is entitled only to the difference between the amrount he Would have received from October 11, 1972, to October 11, 1975, the date he finally received correct pay, and the amount he actually received. By a letter dated December 2, 1977, Ms. Donna D. Beecher, Direptor, Personnel Systems and Payroll Division, Department of Housing-and 'Urban Development (HUD), requested our decision concerning the method to be used in computing the amount of backpay to be paid to Mr. Roger xosenwald, a former ROD employee. The record indicates that effective June 11, 1972, Mr. Rosenwald was detailed from his position at grade GS-14, step 3, to a grade GS-15 position. One year later, on June 10, 1973, Mr. Rorenwald was permanently promoted to the position to which ise had been detailed. Since Mr. Rosenwald was paid at the GS-14, step 4 level, at the time of the permanent promotion, he was promoted to grade GS-15, step 2. In accordance with our decision in Everett Turner and David L. Caldwell, 55 Comp. Gen. 539 (1975), and Marie Grant, 55 Comp. Gen. 785 (1976), which were sustaTed upon reconsideration in 56 Comp. Gen. 427 (1977), Mr. Rosenwald requested a retroactive temporary promotion effective on the I U Y FILE: A--- N i F'

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