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B-191351 1 (1978-08-07)

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     0          gTHE COMPTROLLER
DUCISION *'      oP THE UNITED
                t5    .P ; WASHINGTON. D.
                   -Nh


DATE:  Auucst 7,


FILLT: B-191351


GENERAL
STATE          /4
C.  2O548




1'J[8


MATTER2  OF: Robert L. Morton - Periodic step-increase


DIGEST,


1.  The rules governing waiting periods for step
    increases on resumption of former grade
    and step fnllowing a temporary promotion
    are not for applicaticn where an employee is
    demoted under an adverse action from a
    permanent  promotion position and returned
    to his former grade and step in which he
    performed  satisfactorily.

2.  Where  an increase in pay on promotion con-
    stitiAes an equivalent increase under 5 U.S. C.
    5335(a)(3)(A) and Subchapter S4-8(b), of
    FPM  990-1, the effeczive date of puchpromo-
    tioliwould be the inception date for a new
    waiting period, aid the fact that employee was
    demoted and ieturned to his former grade and
    step woul.d not negate the promotion date as
    the incoption date of that new waiting period
    for a periodic stop-increase in the lower grade.


   This action is in response to a letter dated February 16, 1978,
reference 953, from Ms. Josephine Manzanares, Authorized Certi-
tying Officer, Bureau of Reclamation, Department of the Interior,
requesting an advance de'cision concerning the waiting period for L
within-grade increase and the proper timing for the granting of suh
increase in the case of Mr. Robert L. Morton, a former Bureau
of Reclamation employee who transferred to the Department of
Energy, effective October 1, 1977.

   The  submission states that'tn September 92, 1974, the employee
was granted a within-grade increase from the eighth to the ninth
step of grade CS-11, in his position as power area dispatcher,
301 series. Under normal circumstatices, his next within-grade
increase would not have been due until September 25,, 1977, to satisfy
Vie thrc:e-year waiting period reqdirement contained in 5 U. S. C.
L335(a)(3). However, on November  9, 1975, the employee was pro-
moted to grade OS-12 as Chief, Fort Peck Area Dispatching Field
Branch, in the same series, with his salary set at the fifth step of
that grade.


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