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Reconsideration of Claim for Retroactive Temporary Promotion and Backpay

B-197105 Aug 12, 1981
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Highlights

GAO was asked to reconsider a claim for a retroactive temporary promotion and backpay based on an overlong detail to a higher-grade position. In its original decision, GAO held that, where a federal employee was detailed as a GAO employee to a higher-grade position, transferred with his position to the General Services Administration (GSA), and continued to perform the higher-grade duties, he was entitled to a retroactive temporary promotion and backpay for the period of the detail beyond 120 days until the higher-grade position was reclassified downward. In his request for reconsideration, the employee contended that the General Accounting Office Act, which tranferred his function from GAO to GSA, precluded agency reclassification of the higher-graded position to which he had been detailed for a period of 2 years. Thus, he believed that he was entitled to a retroactive temporary promotion with backpay for the period from the 121st day of detail until some date not earlier than the date of a transfer function within GSA. GSA argued that the employee was not detailed to an established, classified position as required for backpay entitlement. GAO concluded from the evidence that the higher-grade position was transferred to GSA at the time of the transfer function. GAO held in its prior decision that the employee was entitled to a retroactive temporary promotion and backpay until the date on which his position was reclassified downward. GAO found that the personnel protections afforded to the employee could not be extended to a higher-grade position, the duties of which the employee performed incident to an informal detail. The detail was treated as one continuous detail without interruption due to the transfer function. Accordingly, GAO sustained its prior decision.

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