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B-180486 1 (1976-09-20)

handle is hein.gao/gaobadcyw0001 and id is 1 raw text is: LqOLER 0 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D. C. 2054B FILE: DATESEP 2 J 1976 -180486 MATTER OF: Billy N. Medaugh retroactive pay adjustment D.IGEST: 1. Supervisor, whose salary was less than that of wage board employee whom he supervised, was not identified as eli- gible for pay adjustment. Since prompt identification was required by non- discretionary agency regulation, non. compliance constitutes administrative error-which may be rectified by the granting of backpay under 5 U.S.C. 1 5596. 2. Pay adjustment for General Schedule supervisor of wage board employee under 5 U.S.C. § 5333(b) is conditioned on continued supervision of the wage board employee and is limited to nearest rate of supervisor's grade which exceeds the highest rate of basic pay paid to super- vised employee. When these conditions are no longer met, as when wage board employee is separated or reduced in pay, the adjustment previously granted to the supervisor must be eliminated or reduced, as required by the circumstances. This matter is before us as the result of the appeal by Mr. Billy H. Medaugh, the claimant herein, of the disallowance by our Claims Division of his claim for retroactive compensation. This claim was filed to correct au administrative failure to adjust Mr. Medaugh's pay fron December 12, 1970, to September 30, 1972, during which Mr. Medaugh was the supervisor of a wage board employee whose salary exceeded his. The record indicates that Mr. Medaugh, an employee of the Department of the Air Force, was appointed as a commissary store manager, GS-4, step 1, at $5,853 per annur effective December 12, 1970. Part of his duties entailed supervising a wage board employee whose rate of pay exceeded his own salary. Although PUBLISHED DECISION 55 Comp. Gen ......**

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