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B-212581 1 (1984-05-16)

handle is hein.gao/gaobadlsa0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ~J OBN I18ION -OP THE UNITED GTATEO 9 WASHINTON. 0.0. *054U FILE: B-212581 oATE: may 16, 19f MATTER OF: James L. Davis - Pay Adjustment for Supervisors OIQEUT: 1. Responsible agency official determined on January 8, 1982, that General Schedule employee of Forest Service was entitled to pay adjustment under 5 U.S.C. S 5333(b) as supervisor of wage system employee with higher pay rate. Employee may not be granted retroactive pay prior to official determination since entitlement to pay adjustment is within discretion of agency, and, absent mandatory agency policy, failure to grant pay adjust- ment does not constitute abuse of dis- cretion which warrants compensation. 2. Responsible agency official determined on January 8, 1982, that General Schedule employee of Forest Service was entitled to pay adjustment under 5 U.S.C. S 5333(b). Under 5 C.F.R. 531.305(c), the adjustment is effec- tive on the first day of the first pay period following the date on which the agency determines to make the adjustment. Since there was no manda- tory agency policy to make the adjust- ment, and no abuse of discretion which warrants retroactive compensation, agency official erred in granting employee retroactive pay adjustment to February 8, 1981, to coincide with date employee certified his position description was not accurate. Mr. James L. Davis, through his attorney, appeals our Claims Group Settlement No. Z-2837578 dated March 22, 1982, denying his claim for a retroactive pay adjustment as a supervisor of a wage system employee. We find nothing which

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