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[Request for Retroactive Within-Grade Increase]

B-209414 Jan 31, 1983
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Highlights

The president of a Federal employees union requested a decision concerning a pay increase on behalf of an Army Corps of Engineers' civilian employee. The employee requested that he be retroactively awarded a within-grade increase based on credit he received toward that increase; despite the fact that he had been demoted, the credit was earned because the grade retention period had not expired before he was repromoted. However, the employee's request for a retroactive within-grade increase at the higher grade was denied by the Corps, which reasoned that the waiting period for step increases starts over upon repromotion. The Civil Service Reform Act of 1978 provides that the retained grade shall be treated as the grade of the employee's position for all purposes during the retention period, including pay administration. GAO held that the Corps misapplied earlier GAO decisions in its reasoning for its decision and, therefore, the repromotion of the employee did not require the commencement of a new waiting period for a within-grade increase. Further, the employee is entitled to be retroactively awarded the within-grade increase.

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