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[Question Regarding Statutory Salary Limitations for USUHS Faculty]

B-220869 Apr 30, 1986
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Highlights

The Department of Defense requested an advance decision as to whether statutory limitations on pay increases applied to civilian faculty members of the Uniformed Services University of the Health Sciences (USUHS) during fiscal years (FY) 1979 through 1981. GAO held that: (1) the pay cap on salary increases was imposed on funds appropriated under any act for those particular years and on any individual in any office or position in the legislative, executive, or judicial branch of the government; (2) the salary rate for each position was determinative of whether the pay cap would apply; (3) the pay cap referred to a rate of pay which was fixed equal to or greater than level 5 of the Executive Schedule; (4) it was within the Secretary's discretion to set the pay of these faculty members and to limit pay increases for FY 1979 through 1981; (5) although the faculty members' salaries were set to be comparable to the salaries of other faculty members in health professions, their salaries were subject to congressionally and administratively imposed pay caps; and (6) a recent court decision involving backpay for Senior Executive Service employees was not applicable to USUHS faculty members. Accordingly, the salaries were properly capped in FY 1979 through 1981.

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