Office of the General Counsel

Date: October 16, 2000
Matter of: [Claimant]
File Number: 2000-0028

OPM Contact: Melissa Drummond

The claimant, an employee of the [agency], is requesting entitlement to a Within Grade Increase (WGI) in 1992. For the reasons discussed herein, the claim is denied.

The claimant provides documentation that a determination of his satisfactory performance in a supervisory position was made on June 22, 1992. However, the claimant states that a delayed WGI was not added to his salary in 1992 by the agencys personnel staff. He further states that "with the conversion of the managerial classification period, my salary has consistently been off step due to having to wait three years between steps within the grade. In other words, I was required to wait three years for a WGI when, had the delayed partial WGI been credited properly, I would have been entitled to a WGI in 1992 before the managerial system conversion was effected in 1993."

The managerial system conversion that the claimant speaks of is the 1993 termination of the Performance Management and Recognition System (PMRS). The agency reports that under Section 4 of the PMRS Termination Act of 1993, Pub. L. 103-89, upon the termination of the PMRS system, managers and supervisors under the GM pay plan were transferred to the General Schedule (GS). They were then placed at their existing current rates of pay under the provisions of the GS pay plan beginning 11/01/93. The final merit increases for positions in the agency was 10/03/93 and, from that point on, managers and supervisors were eligible for WGIs after meeting the applicable requirements.

The agency notes that the claimant received a merit increase on 10/03/93. At that time, the claimants current rate of pay was between steps seven and eight. This placed the claimant in the upper third pay range of the grade requiring a three-year waiting period for WGIs. The agency further stipulates that the claimant received a WGI on 9/26/96.

Subpart D of Section 531 of Title 5, Code of Federal Regulations (CFR), provides regulatory guidance for WGIs. The edition of the CFR that would have applied to the period in question (June 1992) states the following:

Section 531.402(b) This subpart does not apply to

1. Employees who are covered by the Performance Management and Recognition System established under chapter 54 of title 5, United States Code

Therefore, the claimant would not have been eligible for a WGI prior to 11/01/93 because the claimant was in a supervisory position that was covered under the PMRS pay system.

OPM does not conduct investigations or adversary hearings in adjudicating claims, but relies on the written record presented by the parties. See Frank A. Barone, B-229439, May 25, 1988. Where the agency's factual determination is reasonable, we will not substitute our judgment for that of the agency. See, e.g., Jimmie D. Brewer, B-205452, Mar. 15, 1982, as cited in Philip M. Brey, supra. We find that the agency has appropriately compensated the claimant in their application of the WGI process. Therefore, the claim is denied.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.