B-141628, MAY 13, 1960

B-141628: May 13, 1960

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THE DISALLOWANCE WAS BASED UPON THE ADMINISTRATIVE DETERMINATION THAT ON FEBRUARY 15. YOU WERE OFFICIALLY REASSIGNED TO ANOTHER POSITION. YOUR REQUEST FOR RECONSIDERATION IS TO THE EFFECT THAT THE ADMINISTRATIVE REASSIGNMENT ON FEBRUARY 15. TO ANOTHER GRADE GS-8 POSITION WAS MERELY A PAPER TRANSACTION TAKEN AFTER IT WAS DETERMINED IN 1952 BY THE CIVIL SERVICE COMMISSION THAT YOU WERE NOT ENTITLED TO SAVED PAY UNDER THAT SECTION. THAT YOU WERE ENTITLED TO SAVED PAY SO LONG AS YOU REMAINED IN THE SAME POSITION. YOU CONTEND THAT YOU NEVER PERFORMED ANY WORK OTHER THAN THE WORK REQUIRED IN THE GRADE GS-10 POSITION THAT WAS DOWNGRADED TO GS-8. YOU HAVE FURNISHED AFFIDAVITS FROM OTHERS WHO WORKED WITH YOU TO SUBSTANTIATE YOUR CONTENTION.

B-141628, MAY 13, 1960

TO MRS. HELEN C. WRIGHT:

YOUR LETTER OF APRIL 21, 1960, WITH ENCLOSURES, REQUESTS US TO RECONSIDER OUR SETTLEMENT OF FEBRUARY 15, 1960, WHICH ALLOWED YOU THE DIFFERENCE BETWEEN $6,250 PER ANNUM--- GRADE GS-10--- AND $5,370 PER ANNUM--- GRADE GS-8--- FOR THE PERIOD JUNE 22, 1952 TO FEBRUARY 14, 1953, UNDER THE PROVISIONS OF SECTION 25.103 (E), FEDERAL EMPLOYEES PAY REGULATIONS, AND WHICH DISALLOWED THAT PART OF YOUR CLAIM FOR THE PERIOD FROM FEBRUARY 15, 1953 TO DATE. THE DISALLOWANCE WAS BASED UPON THE ADMINISTRATIVE DETERMINATION THAT ON FEBRUARY 15, 1953, YOU WERE OFFICIALLY REASSIGNED TO ANOTHER POSITION, THUS TERMINATING YOUR RIGHT TO SAVED PAY UNDER THAT SECTION. YOUR REQUEST FOR RECONSIDERATION IS TO THE EFFECT THAT THE ADMINISTRATIVE REASSIGNMENT ON FEBRUARY 15, 1953, TO ANOTHER GRADE GS-8 POSITION WAS MERELY A PAPER TRANSACTION TAKEN AFTER IT WAS DETERMINED IN 1952 BY THE CIVIL SERVICE COMMISSION THAT YOU WERE NOT ENTITLED TO SAVED PAY UNDER THAT SECTION. FURTHER, YOU POINT TO THE CIVIL SERVICE COMMISSION FINDING IN 1959, BASED UPON FACTS OF RECORD WHICH HAD NOT BEEN PRESENTED IN 1952, THAT YOU WERE ENTITLED TO SAVED PAY SO LONG AS YOU REMAINED IN THE SAME POSITION. YOU CONTEND THAT YOU NEVER PERFORMED ANY WORK OTHER THAN THE WORK REQUIRED IN THE GRADE GS-10 POSITION THAT WAS DOWNGRADED TO GS-8. YOU HAVE FURNISHED AFFIDAVITS FROM OTHERS WHO WORKED WITH YOU TO SUBSTANTIATE YOUR CONTENTION. THEREFORE, BASED THEREON AND IN VIEW OF THE 1959 FINDING OF THE CIVIL SERVICE COMMISSION TO THE EFFECT THAT YOU WERE ENTITLED TO SAVED PAY SO LONG AS YOU REMAINED IN THE SAME POSITION, YOU BELIEVE YOU ARE ENTITLED TO SAVED PAY FOR THE PERIOD FEBRUARY 15, 1953, TO DATE, NOT JUST FOR THE PERIOD JUNE 22, 1952 TO FEBRUARY 14, 1953, AS ALLOWED BY OUR SETTLEMENT.

WE CAN WELL UNDERSTAND YOUR FEELING CONCERNING THE MATTER, BUT THE FACT REMAINS THAT IN YOUR CASE, BASED UPON THE FINDING OF THE COMMISSION IN 1959, THE ADMINISTRATIVE OFFICE IN RECONSIDERING YOUR CASE DETERMINED THAT THE OFFICIAL ACTION ON FEBRUARY 15, 1953, CONSTITUTED A CHANGE IN THE POSITION AND TERMINATED YOUR RIGHTS TO SAVED SALARY AS OF FEBRUARY 14, 1953. SUCH DETERMINATION PROPERLY IS AN ADMINISTRATIVE MATTER. 31 COMP. GEN. 537; ID. 106. FURTHER, THE RECORD SHOWS THAT ON APRIL 26, 1953, YOU WERE PROMOTED TO ANOTHER GRADE GS-9 POSITION. THE RECORD SHOWS THAT THE REASSIGNMENT ON FEBRUARY 15, 1953, TO THE OTHER GRADE GS-8 POSITION WAS TAKEN FOR THE PURPOSE OF ASSURING FUTURE RETREAT RIGHTS TO A JOURNEYMAN LEVEL POSITION. NO EXPLANATION IS FOUND IN THE RECORD BEFORE US FOR THE TRANSACTION OF APRIL 26, 1953. WE MUST ASSUME, AND THE ADMINISTRATIVE OFFICE HAS DETERMINED, THAT SUCH TRANSACTIONS WERE PROPERLY TAKEN. HENCE, WE CANNOT ACCEPT YOUR CONTENTION AND THOSE CONTAINED IN THE AFFIDAVITS FURNISHED BY YOU THAT THE ADMINISTRATIVE ACTIONS AND THE ADMINISTRATIVE DETERMINATION MADE IN YOUR CASE WERE VOID OR ERRONEOUS. WE ARE GOVERNED BY THE OFFICIAL RECORDS IN SETTLING SUCH CLAIMS.

BASED UPON THE PRESENT RECORD, OUR SETTLEMENT OF FEBRUARY 15, 1960, MUST BE AND HEREBY IS SUSTAINED.