Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
In 2008, I moved from a GS-12 to an NSPS YA-2 in the Department of Defense (DoD), which, I was told, was a lateral transfer. Now I am being told, four years after the grade conversion, that this was a “new hire” for my department and not a lateral move, so I am suddenly a GS-11 step 9. While not a loss in current pay, this greatly caps my earning potential and effectively negates my TSP altogether.
Is this a fraud?
Congress passed the law and DoD has the discretion to classify the job. You just cannot lose pay. It is not a fraud. It is just Congress with a very different view on federal personnel.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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