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B-220869 1 (1986-04-30)

handle is hein.gao/gaobadmhr0001 and id is 1 raw text is: OUCISlON ' OP THR UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-220869 DATE: April 30, 1986 MATTER OF: Uniformed Services University of the Health Sciences -- Application of Pay Caps to Faculty Members DIGEST: Civilian faculty members of the Uniformed Services University of the Health Sciences question whether their pay is subject to statutory pay caps imposed on federal salaries for fiscal years 1979-1981. Although the salaries of these faculty members are set by the Secretary of Defense under 10 U.S.C. S 2113(f) to be comparable with other medical schools in the vicinity of the District of Columbia, we hold these salaries are subject to the statutory pay caps imposed by Congress for fiscal years 1979 and 1981. Pay increases for these positions were also limited by administrative determination for fiscal year 1980 to be comparable with other Federal executive pay increases. A recent court decision involving backpay for Senior Executive Service employees is not applicable to these faculty members. ISSUE The issue in this decision is whether statutory limita- tions on pay increases apply to the salaries of civilian faculty members of the Uniformed Services University of the Health Sciences. We hold that the salaries of the civilian faculty members were properly capped in fiscal years 1979-1981 and that they are not affected by a recent court decision awarding backpay to members of the Senior Executive Service. BACKGROUND This decision is in response to a request from the General Counsel of the Department of Defense (DOD) for an advance decision concerning the application of certain

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