B-174241, NOV 23, 1971

B-174241, NOV 23, 1971

CIVILIAN EMPLOYEE - SEPARATION BEFORE PROMOTION - RETROACTIVE SALARY ADJUSTMENT DECISION THAT INTERNAL REVENUE SERVICE MAY NOT USE A GRADE TO WHICH MS. KAREN E. ADDERHOLDT WAS NEVER PROMOTED DURING EMPLOYMENT WITH THE F.B.I. TO RETROACTIVELY ADJUST HER SALARY. WHILE MS. ADDERHOLDT WAS BEING CONSIDERED FOR PROMOTION FROM GS-3 TO GS-4 WITH THE F.B.I., SHE TENDERED HER RESIGNATION, THEREBY HALTING THE PROMOTION ACTION AND THE SF50 SEPARATION FORM EXECUTED PURSUANT TO HER RESIGNATION INDICATES A PAY LEVEL OF GS-3, STEP 1. THEREFORE, THE SALARY OF GS-4 MAY NOT BE USED TO RETROACTIVELY ADJUST HER SALARY IN HER I.R.S. POSITION.

MISS MARIE WATKINS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1971, WITH ATTACHMENTS, WHICH REQUESTS OUR DECISION AS TO WHETHER THE PAY OF MISS KAREN E. ADDERHOLDT MAY BE RETROACTIVELY ADJUSTED FROM GS-2, STEP 5, TO GS-2, STEP 10, PURSUANT TO HER TRANSFER OF EMPLOYMENT TO THE INTERNAL REVENUE SERVICE (IRS) FROM THE FEDERAL BUREAU OF INVESTIGATION (FBI).

BASED ON DOCUMENTATION PROVIDED OUR OFFICE FROM BOTH THE FBI AND IRS, THE RECORD INDICATES THAT MISS ADDERHOLDT WAS AN EMPLOYEE OF FBI UNTIL FRIDAY, FEBRUARY 20, 1971, THE EFFECTIVE DATE OF HER RESIGNATION. SHE COMMENCED HER EMPLOYMENT WITH IRS ON FEBRUARY 22, 1971, THE FOLLOWING MONDAY. DURING THE COURSE OF HER EMPLOYMENT WITH FBI, MISS ADDERHOLDT WAS CONSIDERED FOR PROMOTION FROM GS-3 TO GS-4. HAD THIS PROMOTION BEEN CARRIED OUT, IT WOULD HAVE GONE INTO EFFECT BEGINNING WITH THE PAY PERIOD STARTING ON FEBRUARY 7, 1971. THE RECORD INDICATES, HOWEVER, THAT BEFORE SUCH PROMOTION HAD BECOME ACCOMPLISHED, MISS ADDERHOLDT SUBMITTED HER RESIGNATION. ACCORDING TO INFORMATION PROVIDED THIS OFFICE BY FBI, THAT ORGANIZATION OPERATES UNDER A "CENTRALIZED PERSONNEL MANAGEMENT SYSTEM." IT WAS POINTED OUT BY THE DIRECTOR OF FBI THAT:

" *** ALL PERSONNEL ACTIONS, INCLUDING PROMOTIONS, ARE APPROVED AT FBI HEADQUARTERS. ATTENDANT THERETO, IT IS OUR POLICY THAT PROMOTIONS ARE MADE EFFECTIVE AT THE BEGINNING OF THE FIRST PAY PERIOD FOLLOWING THE DATE THEY ARE RECOMMENDED BY AN EMPLOYEE'S DIVISION HEAD (ASSISTANT DIRECTOR IN CHARGE OF A SEAT OF GOVERNMENT DIVISION OR SPECIAL AGENT IN CHARGE OF A FIELD OFFICE) WITH FINAL APPROVAL AT FBI HEADQUARTERS. THIS POLICY ASSURES LIKE TREATMENT OF ALL EMPLOYEES NO MATTER HOW FAR THEY MAY BE LOCATED FROM FBI HEADQUARTERS OR HOW LONG THE MAILS TAKE TO DEPOSIT THE RECOMMENDATION IN FBI HEADQUARTERS. AN EMPLOYEE IS NOTIFIED OF HIS PROMOTION BY A LETTER FROM ME. IF HE SUBMITS A RESIGNATION BEFORE THIS OCCURS, FURTHER PROMOTION ACTION IS HALTED. ACCORDING TO OUR RECORDS, THIS IS WHAT HAPPENED IN MISS ADDERHOLDT'S CASE."

IN THE PRESENT CASE, WHEN MISS ADDERHOLDT SUBMITTED HER RESIGNATION ON FEBRUARY 11, 1971, THE REQUISITE FINAL APPROVAL HAD NOT TAKEN PLACE AND HENCE HER PROMOTION WAS NOT AN ACCOMPLISHED FACT. TO CORROBORATE THIS, THE RECORD SHOWS THAT THE COMPENSATION MISS ADDERHOLDT RECEIVED FOR THE PAY PERIODS IMMEDIATELY PRECEDING AND FOLLOWING THE ALLEGED DATE OF HER PROMOTION, FEBRUARY 7, 1971, ARE IDENTICAL AND REFLECT A RATE OF PAY OF GS -3, STEP 1, UP UNTIL THE DATE OF HER SEPARATION FROM FBI. FURTHERMORE, WE HAVE BEEN ADVISED THAT:

" *** DURING A REGULAR SEPARATION INTERVIEW OF MISS ADDERHOLDT AFTER SHE HAD SUBMITTED HER RESIGNATION DATED FEBRUARY 11, 1971, SHE ACKNOWLEDGED SHE WAS AWARE SHE WAS UNDER CONSIDERATION FOR PROMOTION TO GRADE GS-4, BUT WANTED TO RESIGN ANYHOW."

IN ADDITION, THE SF50 SEPARATION FORM EXECUTED PURSUANT TO HER RESIGNATION FROM FBI INDICATES A PAY LEVEL OF GS-3, STEP 1. SINCE MISS ADDERHOLDT WAS NEVER IN FACT PROMOTED TO A GS-4 WHILE SHE WAS EMPLOYED WITH FBI, THE SALARY OF THAT GRADE MAY NOT BE USED TO RETROACTIVELY ADJUST HER SALARY IN THE GRADE GS-2 POSITION IN YOUR AGENCY OR IN THE GS-3 POSITION TO WHICH SHE WAS SUBSEQUENTLY PROMOTED.