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![handle is hein.gao/gaobadjts0001 and id is 1 raw text is:
DECISION
FILE: B-
MATTER OF:
DIGEST:
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THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 20548
DATE:September 29, 1981
Eleanor H. Jackson - Retained Pay
An employee who applied for and accepted
a lower-grade position in effect requested
a demotion, thereby disqualifying herself
from retained pay under 5 U.S.C. 5337
(1970). She did not meet her burden of
establishing her claim with evidence that
her demotion was initiated by her agency
because it was primarily for the benefit
of the agency to meet a special recruit-
ment need or was part of a formal, system-
atic employee development program involving
training to upgrade the agency's work force.
Ms. Eleanor H. Jackson, a former employee of the Navy's
Aviation Supply Office, Philadelphia, Pennsylvania, requests
salary retention under 5 U.S.C. 5337 (1970) because her
demotion to a lower grade reduced her salary. Our Claims
Group by settlement certificate Z-2729554, January 4, 1979,
denied her claim, since she had initiated the demotion and
her reassignment to a lower-grade position did not appear to
be a part of a formal training program primarily for the
benefit of the Navy. We agree with the Claims Group that she
has not proved her entitlement to retained pay.
Ms. Jackson worked as a Supply Cataloger, GS-7, step 5,
when the Naval Publications and Forms Center, under its
merit promotion plan advertised an opening for the training
position of Personnel Management Specialist, GS-5, with
promotion to GS-7 after satisfactory completion of a 1-year
training period. She applied and was selected for the
position. Upon her reassignment to the position, the Center
demoted her to GS-5, step 10, reducing her salary from
$10,261 to $9,515 per annum, effective June 11, 1972. She
successfully completed the 1-year training period and
received a promotion to grade GS-7, step 5, Personnel Manage-
ment Specialist, at $10,788 per annum, effective June 10,
1973.
Under former section 5337, title 5, United States Code,
retained pay for a General Schedule employee extended for
2 years after reduction in grade meeting the requirements
of that section. One requirement was that the reduction
in grade not be at his [the employee's] request. The
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