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B-200852 1 (1981-06-24)

handle is hein.gao/gaobadjmu0001 and id is 1 raw text is: - TH= S i2P CE-0ENER A '4 f'Wd OF THE UNITED STATES s' C iWASHINGTON, 0 C. 20548 FILE: B-20085 MATTER OF: DIGEST: 2 DATE: June 24. 1981 William C. Scott -LRetention of Compen- sation Incident to Peduction in Force Two-year save pav -eriod provided in Sub- chapter S9 of e lPecal Personnel M;nual Suppttiritc 332-i for a downgrading from a General Schedule position to a wage schedule position incident to Reduction in Force is not terminated by subsequent down- grading from the wage schedule position to a General Schedule position. However, a portion of the claim that accrued more than 6 years before claim was filed in GAO is barred by 31 U.S.C. 71a, and GAO has no authority to waive or modify its provisions. This action is the result of an appeal from a settlement of our Claims Division dated March 11, 1980, which denied the claim of Mr. William C. Scott for retained pay incident to a reduction-in-force (RIF) action, in which he was down- graded from a General Schedule (GS) position to a wage sche- dule position. His claim was also considered barred under 31 U.S.C. 71a, since it was not filed in this Office within 6-years from the date it accrued. The issue in this case is whether a subsequent RIF to a lower GS position terminated the retained pay generated by the initial RIF. For the following reasons the claim is allowed in part. The National Aeronautics and Space Administration (NASA) pursuant to a RIF downgraded Mr. Scott, one of its employees, from a GS-I1, step 4 position to a WG-5, step 3 position on October 3, 1971. As a result he became entitled to retained pay of his CS-I, step 4 position for 2 years according to the provisions of the Federal Personnel Manual (FPM) Supplement 532-1, unless earlier terminated by conditions specified in the Supplement. A subsequent RIF reduced Mr. Scott from his WG-5, steo 3 position to a GS-4, step 10 position on June 30, 1972. At this time the retained pay of the CS-Il, step 4 position was discontinued in accordance with NASA's interpretation of paragraph S9-6 of FPM Supple- ment 532-1. Mr. Scott filed a claim for retained pay in our Office on April 13, 1979, for the higher pay for the period June 30, 1972, through October 2, 1973. Subchapter S9 of FPM Supplement 532-1, in effect at the time, controls Mr. Scott's entitlement to saved pay. The introduction to naraoraoh S9-3 nroviaes:

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