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B-209414 1 (1983-12-07)

handle is hein.gao/gaobadllg0001 and id is 1 raw text is: '110 THE COMPTROLLER USNENAL OECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-209414 DATE: December 7, 1983 MATTER OF: Eric E. Bahl - General Schedule Within-Grade Increase - Pay Retention - Repromotion to Prior Position After DIQEST: Demotion - Reconsideration A General Schedule employee was reduced in grade when he exercised his right under 10 U.S.C. S 1586 (1976 & Supp. IV 1980) to return to a position in the United States following overseas duty. In accordance with 10 U.S.C. S 1586, as implemented by Department of Defense Instruction 1404.8 (April 10, 1968), the employee was afforded pay retention under 5 U.S.C. S 5363 (Supp. IV 1980). The employee's subsequent repromotion to his former grade and step commenced a new waiting period for within-grade increases, since the constructive increase in pay which occurs upon repromotion during a period of pay retention is an equivalent increase under 5 U.S.C. S 5335(a) (1976 & Supp. IV 1980); 5 C.F.R. S 531.403 (1982). B-209414, January 31, 1983, 62 Comp. Gen. reversed based on new information furnished. The issue in this case is whether the repromotion of an employee to his former position, occurring while the employee is receiving a retained rate of pay under 5 U.S.C. S 5363 (Supp. IV 1980), constitutes an equivalent increase under 5 U.S.C. S 5335(a) (1976 & Supp. IV 1980), and 5 C.F.R. S 531.403 (1982), so as to require the commencement of a new waiting period for periodic step increases. We hold that the repromotion of an employee under these circum- stances constitutes an equivalent increase within the meaning of the applicable law and regulations, even though the employee's actual salary remains the same throughout the period of demotion and repromotion. Michael E. George, Acting Personnel Officer, Department of the Army, Kansas City District, Corps of Engineers, requests that we reconsider our decision in Eric E. Bahl, B-209414, January 31, 1983, 62 Comp. Gen. _ That O{7SL

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