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B-223356 1 (1987-08-21)

handle is hein.gao/gaobadmun0001 and id is 1 raw text is: ,Q.ER The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Doris M. Arehart-Zuidema - Retention of Pay Incident to a Transfer File: B-223356 Date: August 21, 1987 DIGEST 1. Civilian employee of the Air Force at the Pentagon in a grade GS-7, step 5, position was selected for a position in California that she had previously held at the same grade and step level as when she previously occupied the position, grade GS-6, step 6. The employee claims that since she was contacted by the chairman of the medical department regarding her availability for employment, her acceptance does not constitute a demotion at the employee's request and the Air Force should have applied the highest previous rate rule or pay retention rule to appoint her at a level commensurate with her highest level. Absent a mandatory policy or administrative regulation, the use of the highest previous rate is discretionary on the agency's part. We conclude that the authorized appointing official did not abuse his discretion in setting her pay at the grade GS-6, step 6, level. 2. Employee contends that local Air Force base supplementary regulation regarding use of the highest previous rate rule discriminates against persons not married to military or federal civilian employees. Our Office does not render decisions on the merits of, or conduct investigations into, allegations of discrimination in employment in the agencies of the government. DECISION BACKGROUND Ms. Doris Marie Arehart-Zuidema, an employee of the Department of the Air Force, is claiming a retroactive salary adjustment through application of the highest previous rate rule or the pay retention rule to her appointment to the position she previously held.

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