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B-193158 1 (1978-10-27)

handle is hein.gao/gaobadtvg0001 and id is 1 raw text is: 


                 UNITED STATES GENERAL ACCOUNTING OFFICE
                          WASHINGTON, D.C. 20548

                                                  IN REPLY. 19
                                                  REFER TO.  B -193158
 cgI OF GENERAL COUNSEL

hOCT 2 7 1978



      Alexandria, Virginia 22311

      Dear

         Reference is made to your letter postmarked October 9, 1978,
      in which you request our views as to the date you become eligible
      for a periodic step increase in your pay as a repromoted grade
      GS-12, step 7.

         You say that in 1970 you were appointed to a grade GS-12 position
      and received your scheduled periodic step increases, the last occur-
      ring in October 1975 when you received an increase to step 7 of that
      grade.. You say that on July 17, 1976, you were reduced to grade
      GS-11, step 10, due to a reduction-in-force action, but that you con-
      tinued to receive the same pay as before, and on September 5, 1976,
      you were repromoted to grade GS-12, step 7.

         You say further that you were told that as a result of your break
      in grade in 1976, you will have to wait until September 1979 for-your
      next periodic step increase and that such ruling is based on
      Comptroller General's decision B-151483, January 14, 1964. You
      question whether that ruling is correct.

         An official decision is not being rendered at your request on the
      question presented. See 31 U.S. C. 74 and 82d. However, the
      following comments may be of help to you.

         In decision B-151483, supra, (43 Comp. Gen. 507), copy enclosed,
      we held, in effect, in answert-o questions I and 2 therein, that where
      an employee is demoted from a certain grade and later repromoted
      to that same grade, a new waiting period for periodic step increases
      would begin, even though the employee was entitled to receive the
      same rate of pay during the demotion period as saved or retained pay,
      since on repromotion the increase in pay from the applicable rate for
      the lower grade qualifies as an equivalent increase as that term is
      used in 5 U.S. C. 5335(a).









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