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B-199730 1 (1981-07-31)

handle is hein.gao/gaobadjoz0001 and id is 1 raw text is: 




DECISION





FILE: B-199730


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON.  D. C. 20548


DATE:   July 31, 1981


MATTER OF: Paul W. Braun - Pay determination - Position
             classification


DIGEST:


1. Because statutory authority to establish
    appropriate classification standards and
    to allocate positions subject to the Gen-
    eral Schedule rests with the agency con-
    cerned and OPM, this Office has no authority
    to settle claims on any basis other than
    the agency or OPM classification. And,
    since OPM determinations on classification
    appeals are binding on this Office under
    5 U.S.C. § 5112(a), this Office has no
    authority to modify such actions.

2. Agencies are authorized to classify posi-
    tions in grades GS-l through GS-15 consis-
    tent with published standards without prior
    approval of OPM under 5 U.S.C. § 5107, and
    the grades thus assigned are the basis for
    pay and personnel transactions. However,
    pursuant to 5 U.S.C. §§ 5110 and 5112,
    agency classification actions are subject
    to review by OPM which may order corrective
    action if warranted.

3. Under 5 C.F.R. § 511.701 (1980), the ef-
    fective date of a classification action
    taken by an agency is the date the action
    is approved in the agency or a subsequent
    date specifically stated. Section 511.702
    provides that the effective date of a clas-
    sification action upon appeal to the agency
    or OPM, subject to the provisions of section
    511.703, is no earlier than the date of
    decision on the appeal.

4. An employee of the Government is entitled
    to the salary of the position to which he
    is actually appointed, regardless of the
    duties actually performed. When an em-
    ployee performs duties normally performed
    by one in a grade level lower than the one


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