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B-189969 1 (1978-02-08)

handle is hein.gao/gaobadfpl0001 and id is 1 raw text is: 4 C' ~ THM COMPTRCLLER GENMERAL CtM CI1$3IOQPi K :I- OF THE UNITEC, ITATES - ~ WASHING.TON. 0. C. 23Ob4U B-18999 DATE: February 8, 1978 MATTER OF: NASA employees - compensation - administratively determined rates DIGEST: 1. NASA emplcyees, whose rates of pay are established under 42 U.S.C. § 2473(c)(2), claim compensation at maximum rate of General Schedule instead of at lower rates set by NASA. Employees contend that they wotdd have earned $47, 500 in, General Sched- ule pdsitions they held prior to appointment to NASA's excepted service. Claims are denied since employees are entitled only to salaries of excepted positions held and such salaries have no relation to General Schedule salaries except that the maximum rates pay- able may not exceed highest rate for GS-18. 2. NASA employees holding positidns in NASA's excepted service claim compensation at rate of $47, 500 rather than lower rates set by NASA. They contend that individuals holding positions with same titles in other offices with- in NASA are compensated at $47, 500. Cla'us are dehied sin-e NASA's pay-setting authority at 42 U.S.C. -. 2473(c)(2) permits pay distinc- tions bascd ea individual resp~onsibilities, competence, and contributions rather than on or' anizationual level. By letter dated August 24, 1977, 11 employees of the National Aeronautics and Space Administration (NASA) submitted claims for the difference between'their rates of pay and $47, 5' retro- actively' to Feabruary 20, 1077. The claimants are Mesars. M. J. Aucremanne, W. E. Brunk, L. 13. C. Fdng, M. L. Garbacz, E. W. Glahn, S. 11. Hubbard, F, D. Kochendorfer, J. Lehmann, J. D. Rfosnbert, E. I1 Schierling, and I. Tepper. They hold excepted positions and their compensation is fixed under the pro- visions of section 203(b) of the National Aeronautics and Space Act of 1958, as amended, now codified as 42 U.S.C. § 2473(c)(2), by section 4 of Iub. L, 03-400, September 3, 1974, 88 Stat. 1070. N It-- 4li'.~ ip FILE: Lcc'p. 7 -. 4 I * 4' ¼ II