Office of the General Counsel

S008930

Dear Ms. [xxx]:

We have reviewed your claim for reinstatement of your quality step increase (QSI) and concur with your agency that your claim may not be allowed.

The record shows that while you were employed, you were nominated and approved for a QSI. The QSI was made effective on March 10, 1991, the same date of your voluntary change to a lower grade action to the [name] Command. Because you had voluntarily transferred to another position before the 60 day requirement to remain in the same organization or similar position, your QSI was canceled. You are now requesting that your QSI be reinstated.

Office of Personnel Management regulations no longer require that an employee be expected to remain at least 60 days in the same organization in the same or similar position in order to be awarded a QSI. However, an agency may place such restrictions in its internal regulations.

The [agency] Incentive Awards regulation, [name] 672-20, in existence at that time, provided that "a QSI may not be granted unless, at the time it becomes effective, the employee is expected to remain at least 60 days in the same or similar positions at the same grade level"

and that "although otherwise merited, a QSI is not appropriate when the employee. . . .is transferring to another position within or outside the agency. . ."

While it is unfortunate that you may have been led to believe that you would receive a QSI, your rights are for determination on the basis of the facts in the matter rather than on such erroneous information. In the absence of specific statutory authority, the United States is not liable for the negligent or erroneous acts of its officers, employees, or agents, even though committed in the performances of their official duties. 44 Comp. Gen 337 (1964).

Accordingly, your claim is denied.

Sincerely,

Joann Charleston

Adjudicator