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B-192890 1 (1979-01-10)

handle is hein.gao/gaobadgut0001 and id is 1 raw text is: 0 ~ ~.THE COMPTROLLER GENERAL64-cA0 DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20546 FILE: B-192890 DATE: January 10, 1.979 MATTER OF: Mr. Edward F. Slibowski DIGEST: The entitlement of a general schedule employee upon transfer to receive pay in his new position - based on his highest previous rate is discretionary with the agency (5 C. F. R. 531. 203(c)) and suiect V to agency regulations. App1-icable -xeg4atiens require& a minimum of 90 days service in an unlimited position in order for'mployee to receiveT full benefit of tha. grade and step as his highest previous rate for purpose of establishing his new rate on downgrading. Where an employee had not served 90 days in the higher grade) but was errone- ously given full benefits under the highest previous rate rule,ction administratively taken to correct a error and adjusf4mployee's rate of pay from step 10 to step 9 of grade GS-9, was proper. This action is in response to a letter dated June 13, 1978, from Mr. Edward F. Slibowski, requesting a review of his claim for retro- active salary adjustment which was disallowed by our Claims Division settlement dated March 18, 1976. Mr. Slibowski questions the determination made with respect to his transfer of April 2, 1967, to Sharpe Army Depot, Lathrop, California, in connection with which he accepted a change from grade GS-11, step 4, to the position of Production Controller (Auto- motive) GS-9, step 10. He does not believe the action to correct that transfer by changing step 10 to step 9, was correct. His claim for additional pay as a transferred General Schedule employee was disallowed on the basis that when a General Schedule employee moves into a position by any means other than a new appointment, he may be paid at any rate not exceeding his highest previous rate computed based on a regular tour of duty under an appointment not limited to 90 days, or for a continuous period of not less than 90 days. Since he had not served in the GS-11, step 4, position for a minimum of 90 days, it was concluded that he was not entitled to have his new pay established based on that higher rate. Secti6n 5334 of title 5, United States Code (Supp. III, 1967) provided that the Civil Service Commission shall provide tf-l

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