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B-183328 1 (1976-04-16)

handle is hein.gao/gaobaddpj0001 and id is 1 raw text is: -Z THE COMPTROLLER GENERAL O F THE UNITED STATES VWASHINGTON. D.C. 20548 FILE: B-183328 DATE: APR 16 176 0 MATTER OF: George D. Midgett Jr. - Compensation for Iq employment in violation of appointment authority DIGEST: Small Business Administration employee was removed from his position pursuant to a direction by Civil Service Commission that his Temporary Veterans Readjustment Appointment violated 5 CFR 316.402(b)(7). Employee is, nevertheless, to be considered as a de facto employee and, as such, is entitled to retain salary and lump-sum pay- ment for annual leave accrued during period of his employment. Questions concerning Federal Group Life Insurance and Civil Service Retirement Law should be addressed to the Civil Service Com- mission. This action involves a request by the Acting Regional Director. Region VIII of the Small Business Administration (SBA) concerning whether compensation paid to an employee must be recovered where the Civil Service Commission determines that the appointment of the employee was in violation of appointment authority. Specifically, the Acting Regional Director requests a decision regarding the employee's legal entitlement to (1) retain the salary he has been paid during his appointment in the Small Business Administration (SBA) which was in violation of a Civil Service regulation; (2) retain his life insurance and Civil Service Retirement coverage for that period; and (3) receive credit for that period of service for leave and retirement purposes, Mr. George D. Miidgett Jr. was hired by the SEA under a Temporary Veterans Readjustment Appointment (VRA). He assumed this position without a break in service from a permanent VRAU at the Department of Transportation. At the time, he was told by M1r. Barr, an area Veterans Readjustment Coordinator of the Civil Service Comission, that he could convert back to permanent VRA zt any time and he was referred for consideration to other agencies recruiting for permanent VRA's. Subsequently, however, when SEA attempted to convert Mr. M.idgett to a permanent position, it was told that this could not be done. Furthermore, SBA was told that since

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