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B-204724 1 (1982-09-13)

handle is hein.gao/gaobadkpq0001 and id is 1 raw text is: 

                           THE CC3MPTRCtLLUPI UINURAL, 1,4AII?
  IECIGIONUP THE UNITSD 13rATEB
                         VECI lN(NJWABHINOTON, 0.0. £110154

                   * £NITIP


  FILE; B-204724                 DATE; September 13, 1.982

  MATTER OF: John J. Kelly

  DIGEST:An employee, who was yrantet a quality
          step increase while on temporary assign-
          ment to a higher grade position and was
          awarded backpay by a retroactive tem-
          porary promotion for entire period of
          such services may retain the step in-
          crease. The agency's subsequent action,
          cancelling the quality step increase
          under an agency regulation relating
          to backpay which prohibits the award
          of such an increase to an employee
          for work while on a temporary assigi.-
          ment, does not defeat the award in
          this case which was based primarily
          on services in his permanerit position.
     By letter of September 2, 1981, the Assistant Secre-
tary for Persohnel Administration, Department of Health
and Human Services, requested an advance decision on the
propriety Qf withdrawing a quality step increase previously
awarded to Mr. John J. Kelly, an employee of the Social
Security Administration. The issue in this case is
whether a quality step increase once granted may be with-
drawn when an employee subsequently files a claim for
backpay for an overlong detail and departmental regula-
tions governing backpay state that quality step increases
effected during an overlong detail must be withdrawn.
The answer is that the employee is entitled to the quality
step increase.

     Mr. Kelly, a GS-105-12 Social Insurance Specialist,
received a quality step increase in March 1960 for his
job performance for the period from March 1979 through
March 1980.  In November 1980 he initiated a claim for
a retroactive temporary promotion to grade GS-13 for the
period January 1 through October 17, 1980, for having
performed the duties of a GS-105-13, Social Insurance
Specialist.  On February 26, 1981, i;he agency determined
that he was entitle] to the retroactive promotion for
the entire period of the detail in accordance with a
negotiated agreement between the agency and Local 1923

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