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B-197105 1 (1981-08-12)

handle is hein.gao/gaobadjqj0001 and id is 1 raw text is: DECISION FILE: B-1971 MATTER OF: DIGEST: 05 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: August 12, 1981 Eugene C. Johnson - Backpay - Detail to Higher Grade - Reconsideration 1. Employee of General Accounting Of- fice was detailed to higher-graded position on September 29, 1975. He was transferred with his position to General Services Administration (GSA) on October 12, 1975, and continued to perform the higher-grade duties. Em- ployee is entitled to retroactive tem- porary promotion and backpay for period of detail beyond 120 days until the posi- tion was reclassified downward on July 15, 1976. Evidence in record indicates vacant, higher-graded position was transferred to GSA upon transfer of function. Further, prohibition on temporary promotions for details between agencies is not applicable under these circumstances. B-197105, September 30, 1980, sustained. 2. Grade GS-14 employee of General Accounting Office was detailed to grade GS-15 position on September 29, 1975. Both positions were transferred to General Services Administra- tion on October 12, 1975, as part of a transfer of function, and employee con- tinued to perform the higher-grade duties until grade GS-15 position was reclassified at grade GS-14 level in 1976. Section 202(b) of Pub. L. No. 93-604 authorizing transfer of function protects personnel - as opposed to positions - from reclassification for period of 2 years. Employee continued to be incumbent of position from which detailed, and his permanent position was not reduced in classification or compensation during 2-year period. Personnel protections con- templated by statute have been afforded ..employee and do not extend to vacant, higher- graded position the duties of which employee performed incident to informal detail.

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