Retroactive Salary Increase

An advance decision was requested as to whether an employee of HEW would be granted a retroactive pay increase. The agency desired to appoint the employee at a rate above the minimum rate of his grade. However through administrative oversight no action was taken prior to his appointment to secure permission from the Civil Servce Commission (CSC) to approve a superior qualifications appointment. As a general rule an administrative change in salary may not be made retroactively effective in the absence of applicable statutes. Therefore, it was decided that there was no proper basis on which to allow a retroactive increase in the employee's pay.