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B-200671(MGB) 1 (1981-09-21)

handle is hein.gao/gaobacsrt0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICEI WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL September 21, 1981 In Reply Refer to: B-200571(MGB) Mr. James M. Peirce President National Federation of Federal Employees 1016 16th Street, N.W. Washington, D.C. 20036 Dear Mr. Peirce: This is in answer to your letter of September 26, 1980, your reference 64-RE-36, requesting a decision on the entitlement of Harold B. Amick to grade and pay retention under the Civil Service Reform Act. Since the record is not complete in this case, we are unable to render a decision. However, we are providing you and the agency (by copy of this letter) with the following information concerning the entitlement of Mr. Amick. Mr. Amick seeks grade and pay retention under the retroactive provisions of section 801(b) of the Civil Service Reform Act, Pub. L. No. 95-454, October 13, 1978, 92 Stat. 1218, 5 U.S.C. § 5362. There are three issues to be considered: (1) whether Mr. Amick's reduction in grade occurred within the time period prescribed by the retroactive provisions of section 801(b)(1)(A); (2) whether the fact that his appointment after the reduction in force was temporary, rather than permanent, affects his eligibility; and (3) whether an employee separated in a reduction in force and offered an appoint- ment of lesser tenure is considerd to be placed as a result of reduction-in-force procedures within the meaning of section 5362. The facts are as follows. Mr. Amick had been employed as a WG-ll, step 5, crane operator at the rate of $8.44 per hour ($17,555.20 per year). Effective January 21, 1978, he was separated by a

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