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B-193113 1 (1978-11-02)

handle is hein.gao/gaobadtsy0001 and id is 1 raw text is: 
                                RELEASED
                    UNITED STATES GENERAL ACCOUNTING OFFICE

                            WASHINGTON, D.C. 20548

                                                    IN REY  B-193113
0 rICEOF GENERAL COUNSEL                            REFER TO.

                                                    NOV 2 1978



      Takoma Park, Maryland 20012

      Dear

          Reference is made to your letter of October 4,.1978, with enclo-
      sures, seeking information and our assistance concerning your
      entitlement to receive the equivalent of two step increases on pro-
      motion, making reference to a recent decision of this Office and
      Title V of the Code of Federal Regulations which you apparently view
      as being pertinent to your case.

          You say that you accepted a position with the Nuclear Regulatory
      Commission (NRC) at a grade lower than your previous position.
      You say that you were later promoted, but you did not receive the
      equivalent of two step increases. On inquiry you indicate having
      been advised that you were not entitled to such increase because. you
      were in grade less than two years.

          An official decision is not being rendered at your request on the
      question presented; however, the following may be of assistance to
      you.

          It would appear that the decision to which you refer and which
      is briefly reported in the newspaper article enclosed with your
      letter is our decision 56 Comp. Gen. 199 (1976), copy enclosed.
      In that decision we considered the question whether an employee,
      who voluntarily requested a downgrading for purpose of an employee
      development program, was entitled to salary retention under the
      provisions of 5 U.S. C. 5337. We held therein that, notwithstanding
      the language of section 5337, if arn employee's request is for a
      position vacancy to permit participation in an agency's employee
      development program, which position is in a lower grade, it cannot
      be said that it was purely voluntary so as to deny salary retention
      right to the employee.

          It does not appear that the before-cited decision is relevant to
      your inquiry since it involves Civil Service laws and regulations
      thereunder. In this. regard, we understand that under the authority




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