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B-171885.15 1 (1978-05-10)

handle is hein.gao/gaobadfzu0001 and id is 1 raw text is: I S I I AlI-- . La DECIUION FI -FILE: Bl-171885. 15 ' lb I L2T~ THE COMPTRLLERM UERJEMAL OP THE UNUTRfl ETATES WAUMINGYON. D. C. W054 DATE: ty 10, 1978 MATTEM OF: Leo J. Weissert - Retroactive Salary Adjustment - Appeal of Claims Settlement DIGEST: Downgraded employee's claim for retroactive salary adjustment because he continued to rrform the.duties of the previous higher evel position was disallowed by our Claims Division as unauthorized by law. Upon appeal of settlement, claimant alleges an illegal detail under our Turner-Caldwell decision 55 Comp. Gen. 6'3D. moyfeoes not satisfy Turner-Caldwell criteiia inasmuch as he hafTrTccretion of higher level duties to lower level position, which was remedial only through a classification appeal that was denied. Disallowance Is sustained. This action involves a reconsideration of a Settlement Certificate dated July 23, 1975, issued by our Clims Division on claim number Z-2564147, requested by Mr. Leo J. Weissert. a Department of the Army civilian employee, for a retroactive salary adjustment. Our settlement disallowed Mr. Weissert's claim. The iecord indicates that on October 17, 1971, Mr. Weissert received a reduction in grade from Accountant, grade GS-11, to Accountant, grade GS-9; as a result of a reorganization of his activity. He was placed -in a saved pay status under 5 U. S. C. S'5337 and retained his grade GS-11 salary for the allowable 2-year period eniding October 16, 1973.. The'employee contended in his claim that when he was reduced in grade he continued to perform duties associated with higherleielipositions until he was promoted to a grade C S-11 position effectiveTanuary 19, 1975. The claimant points out that he kept on performiig these higher level duties even after hisOS-11 saved pay termlinatkd on October 16, 1973. until his promotion in 1975. Hence, Mr. Weissert contended in his original claim that he should be given a retroactive pay adjustment for the difference between the salary of a grade GS-9 position and that of a grade GS-11 position between October 16, 1973, and January 19, 1975. Our Claims Division disallowed Mr. Weissert's claim on the basis that such retroactive salary adjustment was not authorized L I P I I

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