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B-187891 1 (1977-06-03)

handle is hein.gao/gaobaderv0001 and id is 1 raw text is: 









                         DOCUNENT RESUME

02562 - [1652630]

(Employee Is Ineligible to Receive Civil Service Annuity because
of Pefusal to Waive Retired Military Pay]. B-187891. June 3,
1977. 6 pp. + 2 enclosures (2 pp.).

Decision re: Charles t. Kindick; by Robert P. Keller, Deputy
Comptroller General.

Issue Area: Personnel Management and Compensation: Compensation
     (305).
Contact: office of the General Counsel: Civilian Personnel.
Budget Function: General Government: Central Personnel
    Management (805).
Orga.ization Concerned: Department of the Army; Civil Service
    commission.
Authority: Back Pay Act (5 U.S.C. 559);  5 C.P.R. 550.803(o). 10
    U.S.C. 3911. 52 coar. Gen. 429. 11 Comp. Con. 202. 8-167782
    (1970). F.P.H. supoteuent 990-2, Gook 550, subch. 8.

         he  claimant requesteu reconsideration of a settlement
which disallowed his claim for backpay. Voluntary retirement of
a civilian employee, subsequently restored because he refused to
waive retired military pay to qualify for ans annuity, is not an
unjustified or unwarranted personnel action entitling his to
backpay. Contrary to claisant's contention, the personnel office
states that he was informed of the waiver requirement prior to
separation. Disputes as to facts must be resolved in favor of
the administrative office in the absence of sufficient evidence
to the contrary. (Author/SC)











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