Retroactive Promotion and Backpay

An employee requested reconsideration of his claim for a retroactive temporary promotion with backpay which was denied by the GAO Claims Division. The GS-9, step 3 employee was detailed to unclassfied duties for a period not to exceed 120 days. He continued to serve under that assigmnemt for approximately 15 months when he was reassigned to a GS-9, step 4 position. An extension of time for this detail beyond 120 days, as required by regulations, was not requested. The claim was denied by the agency because the employee was detailed to unclassified duties and did not meet the qualifications for a temporary promotion. It was felt that a promotion would violate merit staffing policies because selection was made without competitive considerations. It has been held that an employee detailed to a higher position must satisfy the requirements for a temporary promotion before a retroactive temporary promotion with backpay can be granted. The record contained conflicting evidence as to whether the employee was detailed to the higher position; the unclassified duties to which he was assigned were without grade specification. If he were not detailed, the general rule that an employee is entitled only to the salary of the position to which he is actually appointed was applicable. If he were considered to be detailed to a higher position, it would be necessary to show that he was eligible for promotion to that grade at that time in order for him to receive backpay. The employee did not meet the qualifying requirements of the higher position, and therefore, was not entitled to a retroactive temporary promotion and backpay. The prior decision was sustained.