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B-202643 1 (1984-02-07)

handle is hein.gao/gaobadlnc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL r DECISION 0 o THE UNITED *TATEE WASHINGTON. O. C. 20548 FILE: B-202643 DATE: February 7, 1984 MATTER OF: Ronald S. Wong - Promotion While Receiving Saved Pay DIGEST: An employee who exercised his reemployment rights and accepted a lower grade, was entitled to saved pay under 5 U.S.C. S 5337. During saved pay period, he was promoted and received a permanent change- of-station transfer to a higher cost area of the country. Employee claims saved pay should have been used for purpose of the two step-increase rule on promotion to help offset increased cost of living in higher cost area. Employee is not so entitled as there is no statutory or regu- latory basis for such pay setting formula. Betty J. Beasley, et al., B-197025, August 3, 1981. The provision of 5 U.S.C. S 5334(b) which authorizes the two step- increase rule on promotion, specifically limits its use for pay setting purposes to the rate of pay of an employee's grade and step as though not entitled to saved pay, regardless of circumstances. This decision is in response to a letter dated May 26, 1983, from Mr. Ronald S. Wong, an employee of the Department of the Air Force, requesting further consideration of his claim for retroactive adjustment of his pay. This matter was the subject of settlement by our Claims Group, Z-2836189, dated November 1, 1982, which disallowed his claim for the reason that the two step-increase rule on promo- tions does not apply when saved pay is being received by an employee, citing to our decision Betty J. Beasley, et al., B-197025, August 3, 1981. For the reasons set forth below, we sustain the denial of Mr. Wong's claim. Mr. Wong expresses the view that the only similarity between Beasley and his case, is that both he and the claim- ants in Beasley were promoted from a saved pay status. It is his contention that the additional element in his case and one c-71-7kq2q

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