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B-208155 1 (1983-04-15)

handle is hein.gao/gaobadlag0001 and id is 1 raw text is: c-r / -  


                        '/. THE COMPTROLLER OENERAL
  OECISION      .        . OF THE UNITED       STATES
                        .. WASHINGTON. 0.C. 20548
                   VUY I T E


  FILE: B-208155                DATE: April 15, 1983

  MATTER OF:    Charles L. Steinkamp - Proper
                Step Placement - Backpay

  DIGEST:
            An employee hired by the Architect
            of the Capitol pursuant to 2 U.S.C.
            S 60e-2a is not entitled to have
            his salary calculated with refer-
            ence to the two-step increase
            rule, 5 U.S.C. § 5334(b), when he
            is appointed to a General Schedule
            position with the Department of
            Energy. The two-step increase
            rule, 5 U.S.C. § 5334(b), pertains
            only to transfers and promotions
            within the General Schedule system,
            and employees hired by the Architect
            of the Capitol under 2 U.S.C.
            S 60e-2a are not within the General
            Schedule. Thus, employee's salary
            was correctly adjusted in accordance
            with the highest previous rate
            rule, 5 U.S.C. § 5334(a).

     The issue in this decision is whether a reinstated
career employee of the Department of Energy, formerly
employed by the Architect of the Capitol, is entitled to
have his salary determined by the two-step increase rule
under 5 U.S.C. § 5334(b) or the highest previous rate rule
under 5 U.S.C. S 5334(a) and governing regulations. For the
reasons set out below, we hold that the employee's salary
was properly set using the highest previous rate rule.

                         Background

     Mr. Charles L. Steinkamp has appealed our Claims
Group's Settlement, Z-2834504, November 24, 1981, denying
his claim for a retroactive adjustment of his step placement
within his grade, and backpay. Our Claims Group disallowe4
Mr. Steinkamp's claim on the basis that he was not entitled
to have his salary calculated with reference to the
two-step increase rule, 5 U.S.C. § 5334(b) and, therefore,
his salary was properly set in accordance with the highest
previous rate rule, 5 U.S.C. S 5334(a).

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