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![handle is hein.gao/gaobaddhe0001 and id is 1 raw text is:
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THE COMPTROLLER GIENERAL
] .) OF THE UNITED STATEB3
WASHINGTON, D. C. 20548
FILE: B- DATE: AUG 2 0 1976 <g o
B- 184453 f
MATTER OF:
Albin C. Hammond - Retirement - Effective Date
DIGEST:
Employee, unaware of liberalized annuity
computation formula effective July 12, 1974,
was separated for optional retirement effective
June 30, 1974. Employee may not be restored
to the rolls in order to set the date of retirement
on or after July 12, 1974, to take advantage of
such formula in Public Law 93-350 where the
separation date was set properly by the agency.
We have been asked to review the record pertaining to the
establishment of the effective date of retirement from Federal
service of Mr. Albin C. Hmmond. Mr. Hammond through
his attorney, Donald P. Marble, appealed the decision of the
Burea u of 1etirement, Insurance, and Occupational Health,
Civil Service Commissrin.'(, not to ?rnt Mr. Harnmrd retire-
ment as a firefighter under thc provisions of Public Law 93-350,
approved July 12, 1974, 88 Stat. 355, to the Corr-niission's
Appeals Review Board which affirmed the prior decision.
The decision of the Appeals Review Board in pertinent part
states:
STATEMENT OF THE CASE
The record of his service certified to the
Com-rmission shows that appellant's pay ceased
on June 28, 1974, and that he was separated for
optional retirement on June 30, 1974, from the
position of Air Operations Specialist with the
Division of Fire Management, Forest Service,
U.S. De-partment of Agriculture. His annuity
was corm puted under the special provisiors of
section 8336(c) of title 5, United States Code,
then in effect. However, it is contended on be-
half of the appellant that other records indicate
appellant was on leave without pay through
July 15, 1974, and that the personnel action
separating him from the agency rolls effective
June 30, 1974 was made. retroactively.](ViewImageLocal?handle=hein.gao/gaobaddhe0001&div=1&collection=&method=preview&ext=.png&size=3)