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B-225305 1 (1987-06-24)

handle is hein.gao/gaobadmsz0001 and id is 1 raw text is: 

      The Comptroller General
0        of the United States

         Washington, D.C. 20548
         Decision



                   Marc D. Theriault - Highest Previous Rate -
         Matterof: Prospective Pay Rate

         File:     B-225305

         Date:     June 24, 1987



         DIGEST

         An employee was transferred from a position with the United
         States Army in Panama, in grade CZ-6, step 2 ($12,612), to a
         position with the United States Navy in Florida, in grade
         GS-6, step 1 ($16,040). The employee asserts his pay should
         have been set at step 2 of his new grade, contending that
         Panama Area Personnel Board had set a higher pay scale in
         1982 to become fully effective over 21 months beginning in
         January 1983. While the final part of that pay increase did
         not become effective until shortly after his transfer in
         September 1985, he claims credit for it for pay-setting
         purposes under highest previous rate rule. The claim is
         denied. Use of the highest previous rate rule applies only
         to the highest rate of basic pay actually received, not a
         prospective rate of pay an employee might have received had
         he remained in his former position. See Banaag S. Novicio,
         *64 Comp. Gen. 17 (1984).


         DECISION

         This decision is in response to a request from the Employ-
         ment Director, Consolidated Civilian Personnel Office,
         Jacksonville Naval Air Station. It concerns the entitlement
         of one of its employees to have his rate of basic pay set at
         step 2 of grade GS-6, rather than the pay of step 1 of that
         grade upon transfer in September 1985. We conclude that he
         was only entitled to the pay of step 1, for the following
         reasons.

         BACKGROUND

         Mr. Marc D. Theriault was an employee of the United States
         Army in the Republic of Panama, performing the duties of an
         Emergency Medical Technician, grade CZ-699-6, step 2
         ($12,612 per annum). On September 1, 1985, he received a
         lateral transfer to the Mayport Branch Clinic, Naval


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