B-171202, MAY 13, 1971

B-171202, MAY 13, 1971

REDUCTION IN GRADE - SALARY RATE AFFIRMING PRIOR DECISION WHICH FOUND NO BASIS FOR CONCLUDING THAT CLAIMANT'S SALARY - $9,308 A YEAR - SHOULD HAVE BEEN SET AT A HIGHER RATE INCIDENT TO ASSIGNMENT AS A CLAIMS REPRESENTATIVE WITH THE SOCIAL SECURITY ADMINISTRATION. ALTHOUGH CLAIMANT WAS NOT INFORMED THAT HER SALARY WOULD BE REDUCED UNTIL AFTER ARRANGEMENTS WERE MADE TO MOVE TO A NEW DUTY STATION AND SHE ACCEPTED THE NEW RATE UNDER PROTEST, THE KANSAS CITY REGIONAL OFFICE HAS REFUSED TO SET THE NEW SALARY UNDER THE HIGHEST PREVIOUS RATE RULE IN ACCORDANCE WITH THEIR ADMINISTRATIVE PROCEDURES, AND THAT DECISION IS DISPOSITIVE.

TO MISS FLOSSIE M. PREWETT:

WE REFER FURTHER TO YOUR LETTER OF MARCH 16, 1971, CONCERNING THE DECISION TO YOU OF MARCH 2, 1971, WHICH NOTED THAT WE FOUND NO BASIS FOR CONCLUDING THAT YOUR SALARY - $9,308 A YEAR - SHOULD HAVE BEEN SET AT A HIGHER RATE ON NOVEMBER 8, 1968, UPON YOUR REDUCTION IN GRADE FROM GS-10 TO GS-9, EFFECTIVE NOVEMBER 17, 1968.

YOUR LETTER OF MARCH 16, 1971, DOES NOT CONTAIN ANY INFORMATION WHICH WAS NOT PART OF THE RECORD WHEN THE ABOVE DECISION WAS REACHED ON MARCH 2, 1971.

AS STATED IN OUR LETTER, YOU FILED A SOCIAL SECURITY ADMINISTRATION FORM ON SEPTEMBER 20, 1968, SHOWING YOUR AVAILABILITY FOR ASSIGNMENT AS CLAIMS REPRESENTATIVE, GS-9, $9,917, IN ST. LOUIS, MISSOURI. YOU STATE YOU DID THIS SINCE YOU WERE ADVISED THAT SUCH A VACANCY EXISTED THERE. FURTHER, YOU STATE YOUR OFFICE ABOUT OCTOBER 15 WAS ADVISED - APPARENTLY BY TELEPHONE - THAT YOUR REQUEST FOR TRANSFER HAD BEEN ACCEPTED AND YOU WERE TO REPORT TO THE ST. LOUIS DISTRICT OFFICE ON NOVEMBER 18, 1968. SINCE NO CHANGES IN CONDITIONS WERE INDICATED FROM THOSE STATED ON THE REQUEST FOR TRANSFER, YOU MADE ARRANGEMENTS TO TRANSFER TO ST. LOUIS INCLUDING VACATING YOUR APARTMENT, SELLING PART OF YOUR FURNITURE, AND PREPARING THE REMAINDER FOR SHIPMENT.

ON OCTOBER 28, 1968, YOU STATE YOU WERE FOR THE FIRST TIME INFORMED THAT YOUR SALARY WOULD BE REDUCED TO $9,308 A YEAR AND THE EXPLANATION GIVEN FOR NOT NOTIFYING YOU SOONER WAS THAT THE FORM YOU FILED ON SEPTEMBER 20, 1968, HAD BEEN OVERLOOKED BY THE KANSAS CITY REGIONAL OFFICE. SINCE YOU HAD MADE ARRANGEMENTS TO MOVE, YOU STATE THAT YOU SIGNED THE ACCEPTANCE OF THE $9,308 ANNUAL RATE UNDER PROTEST.

AS STATED IN OUR LETTER OF MARCH 2, 1971, THE CIVIL SERVICE COMMISSION DENIED YOU SALARY RETENTION SINCE YOU DID NOT MEET THE REQUIREMENT FOR SALARY RETENTION AS REQUIRED BY 5 U.S.C. 5337. ADDITIONALLY, WE ADVISED YOU OF OUR INQUIRY TO THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE CONCERNING SETTING YOUR SALARY UNDER THE HIGHEST PREVIOUS RATE RULE - A RULE SEPARATE AND APART FROM SALARY RETENTION FOR 2 YEARS UNDER 5 U.S.C. 5337. AS REPORTED TO US YOUR SALARY WAS SET IN ACCORDANCE WITH ADMINISTRATIVE POLICY WHICH PROVIDES FOR GS-10 EMPLOYEES WHO APPLY FOR THE GS-9 POSITIONS INVOLVED THAT UNLESS AN EMPLOYEE HAS BEEN IN THE GS-10 POSITION FOR A YEAR THE SALARY IN THE GS-9 POSITION WOULD BE SET AT THE STEP HELD IN GS-9 PRIOR TO PROMOTION TO GS-10.

THE CIRCUMSTANCES YOU RELATE DESCRIBING THE EVENTS LEADING TO YOUR TRANSFER AND REDUCTION IN GRADE DO NOT PROVIDE A BASIS FOR DETERMINING THAT YOUR SALARY RATE SHOULD BE SET AT $9,917 A YEAR. ACCORDINGLY, WE CAN ONLY AFFIRM THE DECISION OF MARCH 2, 1971.