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B-214671 1 (1984-06-12)

handle is hein.gao/gaobadlta0001 and id is 1 raw text is: DECISION OP THE UNITUO STATES.. WASHINQTON. 0.C. 20548 FILE. B-214671 DATE: June 12, 1984 ft'AT-TER i . Susa.n .L. rurpy' - aetroa*tive. Sa RTa.iy • Increase Employee of EEOC was hired with the understanding she would be appointed at step 3 of grade GS-14. After actual appointment at minimum step of that grade, it was discovered that prior approval of the higher rate was not obtained from the Office of Personnel Management (OPM), due to administrative oversight. Upon subse- quent, but prospective approval of higher step placement by OPM, a claim for retro- active increase in that pay is made here. Claim is denied. Under 5 U.S.C. S 5333, 5 C.F.R. § 531.203(b), and GAO decisions appointments to grades GS-11 and above may be made at a rate above the minimum rate of the grade, but only with prior OPM approval. Since such an appointment is discretionary and not a right, employee may not receive a retroactive increase. This decision is in response to a request from the Director, Financial Management Services, Equal Employment Opportunity Commission, concerning the entitlement of Ms. Susan E. Murphy to receive a retroactive adjustment in her step-placement and backpay. We conclude that she is not so entitled for the following reasons. FACTS In March 1983, an employment offer was made by the Commission's Office of General Counsel to Ms. Murphy to become a Special Assistant to the General Counsel. On the basis of a finding that she had superior qualifications for the position, her entry salary was established at the rate of step 3 of grade GS-14. However, due to an administrative error, the Commission failed to request that the Office of Personnel Management (OPM), approve the higher step of grade GS-14. Thus, when Ms. Murphy entered onto duty on April 11, 1983, her rate of pay was established at step 1 of that grade.

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