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B-204521 1 (1982-04-26)

handle is hein.gao/gaobadkgm0001 and id is 1 raw text is: 1 6 LELIISION FILE; THL OMPTF!MLI MR CF13NERAL C1F THE UNITED STATES WASHINGTON, ),0, 01548 E-,204521 DATE; April 26, 1982 MATTER OF; Connie V, Mt.rcum PIGEST: Employee seeks retroactive reclassification Pnd baoikpay for the period during which she performed the duties of a higher grade position, Claim is denied since Federal employees are entitled only to the salary of the position to which they are appointed, regardless of the duties performed, Even though a position is subsequently reclassi- fied to a higher grade consistent with the duties the employee has been performing, such action may not be made retroactively effective, Therefore, the employee is not eittitled to backpay. Testan v. 11ited States, 424 U.S. 392 (1976)- This action is in responte to the appeal by Ms. Connie V, Marcu-i of the se'ttlement of our Claim Group, issued June 24, 1981, by which her claim for retroactive reclassification and accompanying backpay was disallowed. The settlement of the Claims Group is sustained since the employee was entitled only to the salary of the position to which she was appointed until such time that she was officially promoted, even though she may have performed the duties of the higher grade position prior to receiving the promo.ion. Ms. Marcum, an employee at the United Statis Army Logistics Center, Fort Lee, Virginia, was formerly employed as a budget clerk, grade GS-5, at the Direc- torate of Plans, Training and Security at Fort Lee. According to the record, she assumed many of the duties normally performed by the budget analyst (grade GS-7) when a position so classified was abolished in 1971. In December 1977 v/nen the budget clerk position she held was moved to a new office, she transferred with the posi- tion. From 1972, when she was promoted to the position of budget clerk (grade GS-4), through December 1978, several attempts were made to have her position reclassi- fied as budget analyst. However, the position continued * . * - ............t4* q Jrr.. -ew-. up ~* * ~ .qq~ a e'# P *9#....y.~.e. *j~. ~ - -. -. - e *

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