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B-191817 1 (1979-02-05)

handle is hein.gao/gaobadgxc0001 and id is 1 raw text is: / /P--- A' DECISION FILE: B-191817 TECOMPTROLLER GENERAL OF THE U.NITED STATES WASHINGTON, D C. 20548 DATE: February 5, 1979 5 43 MATTER OF: John P. Corrigan -Retroactive Salary Increas DIGEST: Employee of HEW was appointed at grade GS-12, step 1. Agency, through administrative oversight, did not act timely to obtain approval of Civil Service Commission (CSC) to appoint employee at step 10 of grade 12. Employee may not receive retroactive increase in pay as applicable regulation, 5 C.F.R. 531.203(b), requires that appointments to position in grade GS-11 or above at rate above minimum rate of appropriate grade be made only with prior approval of CSC. By letter dated April 20, 1978, Mr. Raymond J. Sumser, Deputy Assistant Secretary for Personnel and Training, Department of Health, Education,and Welfare (HEW), has requested an advance decision as to whether Mr. John P. Corr an an employee of HEW may be granted a retroactive pay increase. On January 16, 1977, Mr. Corrigan was appointed to the position of Program Analyst, GS-345-12, step 1, in the Office of Child Development even though he had indicated on his application for employment, SF-171, that he would accept a GS-12 appointrgent at a minimum salary of $27,094, his salary in his current position. The agency desired to appoint Mr. Corrigan at the GS-12, step 10 rate ($26,571) but through administrative oversight no action was taken prior to his appointment to secure permission from the Civil Service Commission (CSC) to appoint him at a rate above the minimum rate of his grade. On March 18, 1977, the HEW requested that the CSC approve a superior qualifications appointment for Mr. Corrigan which request was denied by the CSC on the basis that he was a current employee and not a new appointment as specified in 5 C.F.R. 531.203 (b)(2). On September 19, 1977, the HEW requested that the CSC grant a variation from section 531.203(b)(2) to allow the adjust- ment of Mr. Corrigan's salary. On December 2, 1977, the CSC advised the agency that under Civil Service Rule V, it had approved a variation of regulation 531.203(b) to permit the adjust- ment of Mr. Corrigan's salary from the first step to the tenth step of the grade in which he was serving, CS-12. The CSC further stated that such salary adjustment may be effective as of November 15, 1977, which was the date of the CSC action. 1110 - 42A-

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