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B-195063 1 (1979-10-03)

handle is hein.gao/gaobadhqp0001 and id is 1 raw text is: DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-195063 t ADATE: October 3, 1979 MATTER OF: Dwight-. Meier - Retroactive Salary Increase - Appointment Above the Minimum of the Grade DIGEST: Employee of the Department of Justice was appointed to a position at grade GS-13, step one Agency through administrative error had failed to obtain approval of Civil Service Commission (CSC) to appoint employee at a step rate above the minimum of the appropriate grade. Employee may not receive a retroactive increase in pay, under 5 U.S.C. § 5333 (1976) and implementing regulation, 5 CFR 531.203(b), since prior CSC approval is required for appointments to positions in grade GS-l or above at a rate above the minimum rate of the appropriate grade. ISSUE DECIDED An employee appointed to a position at GS-13, step one, may not receive a retroactive salary increase to a higher step rate under section 5333 of title 5, United States Code (1976), and implementing regulations, section 531.203(b) of title 5, Code of Federal Regulations (1978), since the agency must receive prior approval from the Civil Service Commission (now Office of Personnel Management) before appointing an employee to a position in Grade GS-11 or above at a rate above the minimum rate. FACTS Kevin D. Rooney, Assistant Attorney General for Administration, Department of Justice, has requested permission to make a retroactive change in the appointment of Mr. Dwight D. Meier so that Mr. Meier may be paid at the GS-13, step two rate from October 22, 1978, to December 22, 1978. Mr. Meier was appointed as-a Trial Attorney (General), GS-905-13, step one, in the Civil Division, Department of Justice, on October 22, 1978. It was the intention of

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