Claim for Retroactive Temporary Promotion and Backpay

B-195034: Nov 27, 1979

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Shirley Jones
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An employee requested reconsideration of the disallowance of her claim for retraoactive temporary promotion and backpay. The employee, a GS-3, alleged that she was detailed to an "unevaluated statement of duties" which she continued to perform for more than 10 months. After 7 months the position was established to formal classification at the BS-4 level. Under these circumstances, the employee claimed she was entitled to a temporary promotion and backpay. It has been held that employees detailed to higher grade positions for more than 120 days without Civil Service Commission (now the Office of Personnel Management (OPM)) approval are entitled to retroactive temporary promotions with packpay from the 121st day of the detail until they are terminated. To qualify for backpay, the detail must be to an established higher grade position, rather than to a position not yet officially classified. In this case, the employee served only 63 days in the higher position, and not the 120 days necessary for a temporary retroactive promotion with backpay. The employee also contended that she was penalized by the agency's alleged inefficiencies in scheduling and establishing the position under discussion. It has also been held that complaints regarding delays in position classification must be resolved by the agency concerned and OPM, not GAO. Accordingly, the disallowance of the claim was affirmed.