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Entitlement to Quality Step Increase and Retroactive Temporary Promotion

B-192684 Nov 19, 1979
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Highlights

The Department of the Army (Army) appealed a GAO allowance of both a quality step increase (QSI) and a retroactive temporary promotion for a denial of a higher-grade position to an Army civilian employee. The Army contended that the employee should be allowed either the retroactive temporary promotion or the QSI, but not both. The employee received the QSI while classified as a GS-11 but performing a GS-12 job. The QSI had the effect of raising him to step 9 at GS-11 level. The Army contended that the intent of the QSI was to recognize high quality work in the employee's "official position of record" at the time of the award. GAO found no inconsistency in permitting payment of the QSI and in granting the retroactive temporary promotion. The employee was officially assigned to the position for which he received the QSI for a period of three years, and the award, which anticipates an employee's continued high level of performance as well as recognizing it in the past, was apparently properly made. Once the QSI was duly awarded and put into effect, the right to it became vested in the absence of a clear violation of statute or implementing regulation. Accordingly, the employee was found to be entitled to receive the retroactive temporary promotion and to retain the QSI. Since the periods of his retroactive temporary promotion and the increase in pay resulting from the QSI overlapped, the backpay due him was equal to the difference between the proper rate for GS-12 and the pay he actually received (including the QSI). At the termination of the detail which caused the employee to perform the GS-12 job, the employee reverted to GS-11, at which time the QSI would have its first monetary effect.

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