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Claim for Retroactive Promotion and Backpay

B-201767 Jun 24, 1981
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Highlights

An Army employee appealed a decision denying her claim for backpay based on previous GAO decsions. Those decisions hold that, if an employee is detailed to a position classified at a higher grade for period in excess of 120 days without prior Office of Personnel Management (OPM) approval, she is entitled to a retroactive temporary promotion and backpay for the period. The employee stated that she performed the duties of a higher grade position from September 29, 1978 to December 30, 1979 and that she is entitled to the higher rate of pay for the entire period. According to the record, the employee was first informally detailed to the higher position, then officially detailed to the position, temporarily promoted, informally detailed, and finally, temporarily promoted. The second temporary promotion was effective until the date of her claim. The Army allowed the employee's claim for a retroactive temporary promotion and backpay beginning on the 121st day after she was informally detailed to the position until the date of her first temporary promotion. The Army and the Claims Group denied the rest of her claim on the basis of a Federal Personnel Management (FPM) bulletin. This bulletin, effective February 15, 1979, states that agencies are delegated the authority to detail employees to higher grade positions for 240 days without prior OPM approval. The bulletin must be considered in the light of the nature of the remedy provided in previous GAO decisions for over-long details to higher grade positions. In those decisions, the key is the agency's lack of authority to detail beyond the established limits. Entitlement to backpay after the effective date of the bulletin must be based on the new, broader limits as established. GAO held that the Army correctly granted a retroactive temporary promotion and backpay on the basis of the FPM bulletin. However, after the effective date of the bulletin, the agency had the authority to detail the employee to the higher grade position for an additional 120 days without OPM approval. Thus, the employee is not entitled to a retroactive promotion and backpay for the period from April 12, 1979 to June 15, 1979. Accordingly, the Claims Group's settlement is upheld.

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