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[Claim for Retroactive Reclassification]

B-207889 Aug 31, 1982
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Highlights

An authorized certifying officer of the Department of the Interior asked whether an employee may receive a retroactive promotion and backpay for the period that his position's reclassification was delayed when his supervisor failed to submit the position for upgrading. At the time the National Park Service employee was hired, a classifier recommended that his position be reevaluated in 1 year for possible upgrading. However, the employee's supervisor did not submit the position for reclassification until 1.5 years later. When the position was subsequently reclassified, the employee was promoted. Because the supervisor believed that the promotion could have been effective 6 months earlier, the employee requested a retroactive promotion and backpay for that period. Regulations provide that the effective date of a classification action is the date on which an official with properly delegated authority approves the proposed classification. GAO held that, prior to the final administrative action by a Park Service official with the proper delegated authority, the position did not exist. Therefore, the employee could not receive a promotion before the date of the official reclassification. Applicable legislation does not provide a monetary remedy for periods of incorrect classification. GAO has held that an employee is only entitled to the salary of the position to which he was appointed. Accordingly, the employee's claim for retroactive promotion and backpay was denied.

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