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B-215886 1 (1984-10-23)

handle is hein.gao/gaobadlza0001 and id is 1 raw text is: 


                  I''  - eTHE COMPTROLLER GENERAL         1
 DECISION                 OP THE UNITEO STATEE
                         AWASHINGTON. 0. C. 20548



 FILE:       B-215886           DATE: October 23, 1984

 MATTER OF:        Banaag S. Novicio - Highest Previous Rate


 OIGEST:
         Army employee, a former local hire
         with the Unitd States Government in
         the Philippine Islands, appeals from a
         decision of our Claims Group disallow-
         ing his claim for salary adjustment
         based on the highest previous rate rule.
         Employee contends that he should be
         placed at grade and step that are equi-
         valent in authority to grade and step he
         held in Philippines. However, highest
         salary rate earned in prior employment
         with Government when converted to United
         States dollars, was less than grade GS-1,
         step 1. Employee's claim is denied
         because employee's Army salary exceeds
         the highest rate he previously earned.
         The highest previous rate rule applies
         only to the salary rate earned by the
         employee, not to his level of job respon-
         sibility.

     Mr. Banaag S. Novicio appeals from Settlement
Z-2850647, June 8, 1984, of our Claims Group disallowing his
claim for a retroactive salary adjustment based on the high-
est previous rate rule. We affirm the Claims Group's
disallowance, since Mr. Novicio's salary exceeds the highest
rate he previously earned.

                            FACTS

     Mr. Novicio was employed in various positions with
agencies of the United States Government as a Foreign
Service Local (FSL) in the Philippine Islands from 1946
to 1975, when his position was abolished. Though he was
briefly a General Schedule employee (as a GS-3 and GS-4)
during the 1950's, for the majority of his employment he
was classified as a FSL employee. Mr. Novicio attained his
highest salary rate in 1975, as an FSL-17F. Although the
local grade was the counterpart to GS-12 in terms of job
responsibility, it paid less than the rate for grade GS-1,
approximately $3,423 per year.

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