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B-247265 1 (1992-06-05)

handle is hein.gao/gaobadobs0001 and id is 1 raw text is: v9F--rb Comptroller General of the United States W&aingtn, DC, 20848 Decision 4({2 ( it Matter of: Donald R, Previous Rutt - Reemployment - Highest Rate Rule B-247265 June 5, 1992 DIGEST The salary, of an employee who, in government position at the grade properly set upon reemployment in step 4 level, and then upon later GS-6, step 1 level, The evidence establish that the agency abused the highest previous rate rule, 1979, had resigned GS-6, step 6 level, 1989 at the grade I promotion at the g presented does not its discretion in al a was GS-4, rade pplying DECISION Mr. Donald R. Rutt, an employee of the Bureau of Reclamation, Department of the Inter.or, has appealed the determination of our Claims Group' that upon his reemployment and succeeding promotion his agency properly exercised its discretion under the highest previous rate rule in setting his rate of pay. We agree that the agency had the discretion to set Mr. Rutt's pay at the level it did upon both occasions. ,) In 1979, Mr. 3utt resigned from a grade GS-6, step 6 position as Office Service Assistant in the Federal Highway Administration. This position included some duties similar to those of apMail Supervisor. After later employments in low'er-graded positions with the 'Lostal Service and Veterans Administration from which he resigned, Mr. Rutt was reinstated in the federal service by the Bureau of Reclamation in a grade GS-4, step 4 position of Mail Clerk on December 11, 1989,, He was promoted to the position of Mail Supervisor, at grade GS-6, step 1, effective January 14, 1990. Mr. Rutt claims that in neither the reinstatement nor promotion was his rate of pay set in accord with the highest previous rate rule, which wotuld allow an equivalent rate to the grade GS-6, step 6 rate he IZ-2866612, Sept. 10, 1991. Wile: Date:

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