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B-201775 1 (1981-08-03)

handle is hein.gao/gaobadjpf0001 and id is 1 raw text is: OECISION ( FILE: B-201775 MATTER OF: Albert D. Minear DIGEST: Employee who held GS-13 position with Internal Revenue Service transferred to GS-12 position with Small Business Administration after receiving notice his GS-13 position was to be abolished. Employee is not entitled to grade and pay retention since he was not placed in lower-grade position as result of formal reduction-in-force procedures but rather he voluntarily accepted downgraded position to avoid possible reduction-in-force procedures. Mr._Albert D. Minear appeals our Claims Group's denial of his cl aim for qrade and pay retention when instead of accepting a lower-grade position with his employing agency due to the impending abolishment of his position, he volun- tarily accepted a lower-grade position with another agency. Since Mr. Minear was not placed in the lower-grade position as a result of reduction-in-force (RIF) procedures instituted by his employing agency, he is not entitled to the grade and pay retention. Mr. Minear was serving in the position of Chief, Field Branch, for the Des Moines District of the Internal Revenue Service. This was a GS-13 position. Sometime in early 1976, the claimant was advised that his position was to be abolished and its functions would then be performed by his supervisor. Later, the claimant received a memorandum dated July 30, 1976, from A. G. Fercucci, Chief, Collection Division, Des Moines District, which stated in pertinent part: This memo is to confirm recent discussions relative to the Service's decision to abolish the position of Chief, Field Branch in our District. The alternative opportunities that would be available for your continued employment in Internal Revenue Service upon the abolishment of your position include: THE COMPTROLLER GENERAL OF THE UNITEO STATEB WASHINGTON. . C. 20548 DATE: August '1, 1981

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