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B-199461 1 (1981-04-15)

handle is hein.gao/gaobadvgv0001 and id is 1 raw text is: DECISION FILE: B-199461 MATTER OF: S alary Retention DIGEST: Employee of Federal Aviation Administration accepted career progression.downgrade assignment in May .1979, after FAA advised he would be entitled to salary retention. Statute and regulations governing salary retention were superseded effective Janu- ary 1979, by statute and regulations governing pay retention which, under the. circumstances, provides lesser monetary benefit to employee. Employee is entitled only to pay retention and may not receive additional compensation due to erroneous advice of agency officials. The issue in this case is whether an employee, who has been promised salary retention by his employing agency in return for his voluntary downgrade to another position, may be limited to pay retention which pro- vides less of a monetary benefit than salary retention. We hold that since the laws and regulations establishing iay retention have superseded those governing salary retention, the employee is entitled only to those benefits allowed under pay retention. This d'ecision is in response to an appeal by of our Claims Group's settlement dated June 3, 1980, denying his claim for additional compensation incident to his voluntary downgrade. The facts in this case are not in dispute. Effective May 6, 1979, , an employee of the Federal Aviation Administration (FAA), was selected for a career progression downgrade assignment from the position of Air Traffic Control Specialist (Systems Programming Specialist), grade GS-13, step 5, to the position of Supervisory Air Traffic Control Specialist (Facility Chief), grade GS-12. He was placed in grade GS-12, step 10, but was advised by the FAA that he would be entitled to salary retention for a period of up to 2 years. Subsequently, the FAA learned that 0 -- 4,25 THE COMPTROLLER -GENERAL OF THE UNITED BTATES WASHINGTON, D.C. 2054e. DATE: April 15, 1981 - Claim for L' - .PO

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