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B-200817 1 (1981-04-27)

handle is hein.gao/gaobadjis0001 and id is 1 raw text is: DIECISION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 2054e FILE: B- 200817 9ATE: April 27, 1981 MATTER OF: Melvin Ackley, Jr. Salary Protection Benefit Civil Service Reform Act repealed some salary protection benefits for downgraded employees and enacted new ones. FAA Air Traffic Controller, downgraded after effective date of changes but erroneously advised he was entitled to more liberal repealed benefits, claims unjustified personnel action and backpay. Claim must be denied. Government is not bound by erroneous advice and it does not consti- tute unjustified personnel action. FAA had no authority to grant repealed bene- fits and no alternative but to apply law in effect at time of downgrading. The Professional Air Traffic Controllers Organiza- C/.WD01'7 tion (PATCO) and the Federal Aviation Administration (FAA) have jointly submitted to the Comptroller General for decision the claim of Mr. Melvin Ackley, Jr., an ot 0o Air Traffic Control Specialist. PATCO contends Mr. Ackley suffered an unjustified or unwarranted personnel action entitling him to backpay because FAA misinformed him about salary protection benefits inci- dent to a change to lower grade. For the reasons here- inafter explained, the claim may not be allowed. This case arose because title VIII of the Civil Service Reform Act of 1978, Public Law 95-454, Octo- ber 13, 1978, 92 Stat. 1218, made some changes in the provisions of title 5, United States Code, relat- ing to the protection of employees who are reduced in grade. Among these were the repeal of section 5337, Pay savings, and the enactment of a new section, 5363, Pay retention. As applicable to the case at hand, the difference between these provisions is as follows. Under the repealed section an eligible employee would have continued to receive the rate he was receiving before downgrading plus full compara- bility increases in that rate for up to 2 years. Under the new section the employee continues to re- ceive the rate he was receiving before downgrading DIGEST:

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