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B-214266 1 (1984-07-30)

handle is hein.gao/gaobadlvh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OP THE UNITED STATES JI r WASHINGTON. 0.C. 20540 FILE: B-214266 OATE:Juay 30, 1984 MATTER OF: Darrel W. Starr, Jr. - Pay Adjustment Based on Advanced Hiring Rate OIGEST: Employee was hired by the Navy, and his pay was set at step 8 of grade GS-15 based on superior qualifications authority in 5 U.S.C. S 5333(a). His pay was later reduced to step 1 based upon instructions of Office of Personnel Management (OPM) that military retired pay cannot be consid- ered in establishing an advanced rate under a superior qualifications appointment. We hold that the Navy exceeded its authority as delegated by OPM by considering military retired pay as current earnings for a superior qualifications appointment. The employee's claim for restoration of his advanced rate is denied. ISSUE The issue in this decision concerns the entitlement of a new appointee to an advanced rate of pay based upon his existing pay including military retired pay. We hold that the employing agency exceeded its authority as dele- gated by the Office of Personnel Management (OPM) by including military retired pay as current earnings in establishing an advanced rate of pay for a new appointee. Therefore, he is not entitled to an advanced rate. BACKGROUND This decision is in response to an appeal by Mr. Darrel W. Starr, Jr., from our Claims Group settle- ment, Z-2845772, March 10, 1983, denying Mr. Starr's claim for reinstatement of his advanced rate of pay. Our Claims Group also partially waived and partially denied waiver of collection of the erroneous overpayments of pay, but Mr. Starr has not specifically appealed that action by our Claims Group. Mr. Starr was hired on June 1, 1981, by the Depart- ment of the Navy, Military Sealift Command, Oakland, California, as a Supervisory Naval Architect, grade

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