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B-198941 1 (1980-08-19)

handle is hein.gao/gaobadimj0001 and id is 1 raw text is: DECIION \&THE C0DMPTROLLER dr=64ERAL NL'i 71 1%jE UNIE D 8TAT ES \A/ASHN T , 0.C. 20 54 8 DATE: August 19, 1980 MATTER OF: Louis Rubinstein - Grade and Pay Retention DIGEST: Employee who held GS-13 position with the National Aeronautics and Space Administration transferred to the Department of the Air Force where he accepted a GS-12 position after he received notice that NASA planned to reassign him from California to Florida because it was expected that there would no longer be a need for his position in California. He is not entitled to grade and pay retention under 5 C.F.R. § 506.202 since he was not placed in a lower-grade position as a result of declining to transfer with his function, but rather as a voluntary action based on his belief that a RIF was impending. This is in response to a request from Mr. Louis Rubinstein that we review our Claims Dision Settlement No. Z-2820535, April 23, 1980, which denied his claim for retroactive pay and grade retenti Mr. Rubinstein contends that the settlement is erroneous because he was provided with specific notice by an appropriate official of the National Aeronautics and Space Administration (NASA) that NASA was planning to reassign him from his GS-13 position at NASA's Western Launch Operations, Vandenberg Air Force Base, California, to a posi- tion at the same grade at the Kennedy Space Center, Florida. He says that he accepted a lower-grade position (GS-12) with the Department of the Air Force at Vandenberg Air Force Base effective January 1, 1980, on the basis of declining to transfer to Florida. For the reasons set forth below, we find that Mr. Rubinstein is not entitled to retroactive pay and grade retention because his transfer was a voluntary action and was not the direct result of declining a transfer with his function. The record indicates that a memorandum entitled Planned Reassignment dated September 23, 1977, was sent to Mr. Rubinstein by the Director of Safety, R&QA, and Protective Services, NASA, Kennedy Space Center, Florida, which reads as follows: This is to give you advance notice that we currently plan to reassign you to an AST, Flight &#±~3-~- tV)07O I FILE: B-198941

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