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B-220829 1 (1986-09-26)

handle is hein.gao/gaobadmmg0001 and id is 1 raw text is: RThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: John C. Ramos - Pay Retention - Temporary Reassignment File: B-220829 Date: September 26, 1986 DIGEST An Internal Revenue Service employee requested pay retention upon his return from a limited assignment overseas, the request being based upon 5 U.S.C. § 5363 (1982). The employee had attained career status; therefore, a limited assignment of that employee to an overseas duty station was not proper. However, since the employee was assigned over- seas for a definite period of time, and was informed in advance that the assignment was temporary, he is not entitled to pay retention because 5 C.F.R. § 536.105(b) (1985) precludes pay retention for the pay rate earned during a temporary assignment. DECISION The issue in this decision is whether an Internal Revenue Service (IRS) employee, serving on a limited assignment, is entitled to pay retention under 5 U.S.C. §5 5361 et seq. (1982), upon his return to his position in the United States. We hold that, under the circumstances of this case, the employee is not entitled to pay retention. Background In February 1966, the Department of the Treasury and the Agency for International Development concluded an interagency agreement pursuant to the Foreign Assistance Act of 1961, specifically under the section thereof currently codified at 22 U.S.C. § 2392(b) (1982). Under the terms of that agree- ment, an IRS employee, John Ramos, was assigned to a number of overseas positions during the period June 1966 to January 1985. These assignments were made under another 03(o'67 I I-

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