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B-194891 1 (1979-08-08)

handle is hein.gao/gaobadhmi0001 and id is 1 raw text is: 01 LER c. THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-194891 DATE: August 8, 1979 MATTER OF: Mr. Jacob Klein DIGEST: A Federal mployee appointed to a GS-13 position is detailed to perform duties of a GS-14 position and becomes entitled to a temporary promotion and backpay under 55 Com ,Gen. 539 (1975). Where the position E classified down- ward during the detail.siiee an occupant of a position may only receive the salary authorized for that position, if the employee continues on the detail after it is reclassifie c wward t- a GS S- evet, hema not continue to receive the Payt hehgrlvl on an after t on effective d This action is in response to a letter dated April 6, 1979, with enclosures, from Mr. Jacob Klein, appealing a settlement by our Claims Division, dated March 16, 1979, which disallowed his entitlement to backpay for the period March 4, 1974, through October 24, 1976, incident to a temporary promotion received effective May 2, 1973. We sustain the disallowance because after March 3, 1974, he was not serving in a position officially classified at the higher grade. The file reflects that Mr. Klein, a grade GS-13, hemical Engineer with the Department of the Army at §b '~Aberdeen Proving Ground, Maryland, was unofficially detailed to a grade GS-14 Supervisory Mechanical Engineer position (Chief) in the Flame Section on January 2, 1973, and officially detailed to the position on April 2, 1973. That position was officially classi- fied at the GS-14 level until March 3, 1974, at which time it was reduced to a grade GS-13 level. The reason given for the classification reduction was that on administrative examination it was determined that the organizational structure of that section was such that it would not support a Chief of the section at the grade GS-14 level.

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