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B-257574.2 1 (1995-12-12)

handle is hein.gao/gaobacwuv0001 and id is 1 raw text is: United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-257574.2 December 12, 1995 Anthony S. Latella Chief, Currency Reporting and Compliance Division Department of the Treasury Internal Revenue Service 1300 John C. Lodge Drive Detroit, Michigan 48226-2458 Dear Mr. Latella: This responds to your letter of July 21, 1995,' regarding the disposition of amounts deducted from the pay of a current IRS employee and erroneously contributed to the Civil Service Retirenhent System (CSRS) instead of the Federal Employees Retirement System (FERS). We advised you in our letter of March 17, 1995, that the issues you have asked us to consider may be resolved by the Merit Systemus Protection Board (MSPB) in several pending cases. Those cases have now been resolved, Lary v. OPM, 68\M.S.P.R. 206 (July 13, 1995); Jackson v. OPM, SF-0831-93-0511 B-2, unpublished, July 12, 1995. However, the Office of Personnel Management (OPM) has filed a petition for reconsideration in the Lay case with the United States Court of Appeals for the Federal Circuit on August 18, 1995. We have been advised by OPM that the court agreed on October 5 to consider the petition. Therefore, the matter is still pending. You state that you do not see that a decision in the Lary case will have an impact on your request for a decision since the case presented in your letter of May 19, 1994, involves a current, not a former employee. Further, you say that the case you have presented does not involve a refund of CSRS or FERS retirement monies, as specified in the lay case. 'Your reference: IS:N:D:C. 941128 o06 s3 ra o/( 76

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