About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195924 1 (1980-03-14)

handle is hein.gao/gaobadibz0001 and id is 1 raw text is: I* ~ MATTER OF: Richard J. Magner - Grade and Pay Retention Employee who held GS-13 position with Department of Energy (DOE) exercised statutory rights he had with former agency to reemployment in the GS-12 position he held with that agency prior to appoint- ment with DOE, rather than undergo a transfer of function within DOE. He is not entitled to grade and pay retention under 5 U.S.C. § 5361 et seq. since he was not placed in a lower grade position as a result of declining to transfer with his function. He chose to exercise his statutory rights of reemployment independent of any rights he may have had in connection with the transfer of function. This decision is in response to a claim for saved grade and pay submitted by the Defense Contract Audit Agency (DCAA) on behalf of its employee, Richard J. Magner. Mr. Magner, who has been reemployed by DCAA as a result of his exercise of reemployment rights held while employed by the Department of Energy (DOE), claims that he is entitled to grade and pay retention under the retroactivity provisions of Title VIII of the Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1218, October 13, 1978 (5 U.S.C. § 5361 et seq.). Essentially, Mr. Magner claims that, because he exercised his reemployment rights under circumstances in which he claims he would otherwise have been reduced in grade and relocated as a result of a transfer of function within DOE, he is entitled to benefits under Title VIII. The record shows that on April 20, 1974, Mr. Magner left his grade GS-12, step 7 position with DCAA's Boston Region to accept a GS-13, step 4 position with the Federal Energy Administration (FEA) in Albany, New York. His appointment with FEA was under circumstances that entitled him to statu- tory reemployment rights under Section 5(a)(1)(B) of the Emergency Petroleum Allocation Act (EPAA) of 1973, Pub. L. No. 93-159, 87 Stat. 627. By applying the provisions of Section 212 of the Economic Stabilization Act (ESA) of 1970 1~ 31/5 01 - THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, D.C. 20548 FILE: B-195924 OATE:March 14, 980 DIGEST:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most