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B-198765 1 (1981-03-19)

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FILE:  B-1

MATTER 0


DIGEST:


THE COMPTROLLER GENERAL
OF THE UNITED BTATES
WASHINGTON. 0.C. 20548



      DATE: March 19, 1981


98765


F:  Robert R. Brooks, et al. -- laims for pay
    retention upon entering training program

1. Two Navy wage grade employees accepted
    demotions to General Schedule positions
    in order to enter agency training pro-
    gram. Training program is not one of
    three formal Government-wide programs
    qualifying for pay retention and Navy
    did not offer pay retention under
    these circumstances. However, since
    demotion was not considered to be at
    employees' request and employees were
    reassigned to different pay schedule
    (WG to GS), they are entitled to pay
    retention.


            2. Navy employee who accepted demotion
                from a General Schedule position to a
                lower-graded General Schedule position
                in order to enter internal training
                program is not entitled to pay reten-
                tion. Training program is not one
                of three formal Government-wide pro-
                grams qualifying for pay retention,
                the Navy did not offer pay retention
                under these circumstances, and the
                employee was not reassigned to a
                different pay schedule.

     The issue in this decision is whether employees who-.-
accept demotions in order to enter internal training pro-
grams are entitled to pay retention under 5 U.S.C. S 5363
and the implementing regulations. We hold that unless
the employees enter such Government-wide training programs
as Upward Mobility, Apprenticeship, or Career Intern, they
are not entitled to payretention except when the agency,
in its discretion, extends pay retention to such demotions
or the employee moves to a different pay schedule as a
result of the action.

     This decision is in response to claims from three
Department of the Navy employees, Robert R. Brooks,
Dorothy L. Grafton, and Raymond Tullas, for pay retention

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