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B-190257 1 (1978-09-13)

handle is hein.gao/gaobadgiv0001 and id is 1 raw text is: A ( 1 . 0 1 THE COMPrYPOLLER GENERAL .. . OF THE UNITED STATES .*VASHINGTOJ. D.C. 0540 DATE: September 13, 1978 MATTER OF: Crystal Greaser Sharp - highesc previous rate on transfer DIGEST: Salary of employee, who was paid at grade GS-4, stp 1 prior to tranafer, was not by acquiring agency'at GS-3, step 1. The evidence presented does not establish that the personnel officer erred in applying a lower rate in 1971 in accordance with discretionary :rovision of regulations. Accordingly, personnel actions retroactively adjusting rate of compensation which would result in payment of difference between rate received and the highest previous rate may not be processed. Ms. Lois C. Snider, a certifying officer for the DepartmenL of the Intarinr, Mining Enforcement and Safety AdministratLon (MESA), requests an advance decision concerning the entitlement of Ms. CrysLal Greaser Sharp to a retroactive pay adjuntment. The record shows that prior to May 2, 1971, Ms. Sharp was Omplo7ad by the. Federal Highway Administration, Department of Trans- portation in Wachifigton, D.C., as a clerk-stenographer, grade CS-4, step 1. On May 2, 1971, she transferred to a grade GS-3 clerk-typist position with the Bureau of Mines, Department of the Interior, in Morgantown, West Virginia. Her salary was set at that time at grade GS-3, step 1, at a rate of $5,524 per annum. By virtue of Secretarial Order No. 2953, the mining health and safety function was transferre4 from the Bureau of Mines to MESA in 1973, and Ms. Sharp is currently employed by the latter agency. In 1977 M* Sharp obtained a review by the Eabtern Personnel Office of MESA of the personnel action effecting her transfer from the Federal Highway Administration to the Bureau of Mines. The MESA personnel officer concluded that under Lepartment of the laterior regulations in effect at the time of transfer Ms. Sharp's salary should have been set at step *5, rather than step 1, of grade GS-3. Thoce regulations were contained in Part 370 of the Department of the Interior Departmental Manual, chapter 531,paragraphs 2.1 and 2.2D, which provide respectively, as fcllows: L K I R -1 I I I DECISION FILE: 3-190257

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