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B-187596 1 (1976-12-15)

handle is hein.gao/gaobadeae0001 and id is 1 raw text is: tS * THE COMPTAOLLER EUNBRAL DECISION . O THE UNAITED ETATES W A : HINGTON. 0.C. e054 IhITIP FILE: B-187596 MATTER OF: DIGEST: DATE: December 15, 1976 Ann R. Rinalli - Change of retirement date and retoration because of administrative error While long established rule :s that once an employee's separation is an accomplished fact its date may not be changed, some exceptions are permitted where separation did not conform to intentions of parties because of bona fide mistake. Therefore, employee who retired optionally after er- roneous advice that she had sufficient creditable service to continue life insurance without cost and who would have otherwise delayed retirement may be retroactively restored to rolls in leave without pay t;atus to obtain required creditable service. By letter dated October 5, 1976, reference 556-05, Ms. Marjorie R. Quandt, Hospital Director, Veterans Admintatration Hosiital, North Chicego, Illinois, requests approval for the cancellation of the rAtivement of Mrs. Ann R. Rinelli, a forrer employee of the hospital, sr..d for hir reatoration %_o the rolls because the hospital erroneously informed her that she hat sufficient creditable service to continue Federal employees group life insurance after retirement without cost, as authorized by 5 U.S.C. 8706(b). This statute rnvides, in pertinent part, as follows; If on the date the insurance would otherwise stop the employee retires or. an immediate annuity and - * * * (2) he has completed 12 years of creditable service as determined by the Commission; his life insurance ouly may be continued, without cost to him, under conditio:s determined by the Ccani don. * * * From the ftle it appears that Mrs. Rinelli was born February 11, 1914, and retired optionally on June 4, 1976, under the provisions of 5 U.S.C. 8336%f) which provides that an employee who is separatcd from the service after becoming 62 tears of age and completing 5 I - ____ __ v, ,'D 0

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