[Employee Claim for Computation of Backpay Following Erroneous Separation]

An air traffic controller claimed backpay following the successful appeal of her separation from a position with the Federal Aviation Administration (FAA) and her reinstatement. The employee contended that she was entitled to a retroactive promotion because she would have met the requirements for the promotion but for the unjustified separation action. She also contended that a lump-sum payment for her annual leave and her retirement contributions should not be deducted from her backpay award. Furthermore, the employee claimed overtime pay and premium pay for the overtime work and supervision she would have performed during the period of her removal. FAA denied the claim for a retroactive promotion, since such promotions are not automatic or guaranteed. In addition, it denied her claims regarding the deduction of her lump-sum annual leave and retirement contribution payments from her backpay award, since it found no basis for refunding the payments. In addition, FAA deferred any decision on computing the amount of overtime owed because the issue was pending before a court. Since GAO could find no clear indication that the employee would have been promoted, it held that she was not entitled to a retroactive promotion. GAO found that collection of the lump-sum payment for annual leave was proper; however, to the extent that such a deduction resulted in a net indebtedness, that indebtedness could be considered for waiver. The same rationale applied to the deduction of refunded retirement contributions; however, such indebtedness was not subject to waiver. Further, since GAO does not issue decisions on matters pending in a court of competent jurisdiction, unless requested to do so by the court, it declined to respond to the employee's claim for overtime compensation. Finally, since it could find no clear indication that the employee would have been assigned supervisory duties, GAO found that the employee was not entitled to premium pay. Accordingly, GAO denied the employee's claim for a retroactive promotion and premium pay, sustained the FAA action in deducting her lump-sum annual leave and retirement contribution from her backpay award, and deferred action on the employee's claim for overtime compensation.