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B-193648 1 (1979-07-19)

handle is hein.gao/gaobadhkr0001 and id is 1 raw text is: / THE COMPTROLLER GENERAL DECISION' OF THE UNYITED STATES 4, W \ASHINGTON, 0.C. 20548 ,., p.. FILE: B-193648 MATTER OF: DIGEST: DATE: July 19, 1979 Mr. Bartley T. Stokes A Federal employee applied for disability retirement, waived military retired pay to increase his Civil Service annuity and spouse's survivor annuity to be effective when retirement is granted, but then went on extended sick leave and died in that status. While the agency has disc etionary authority to place &i-'`tn ` eave- without-pay (LWOP) status because of retirement counseling rrors or ti-h& misunderstanding te is nothing of record to how such counseling error or tha e i - understood that a sic leave status was not retirement, w1T /ould be improper to retroactively substi- tute LWOP for sick leave. B-190204, January 26, 1978, distinguished. The Navy has asked wheth it may retroactively p s-ut leave without pay r sick leave for a period 44+&t prior to the death , IWployee/so that his military retired pay waiver na e given effect and his military service combined with civilian service to increase his spouse's survivor annuity. Although the matter of substituting LWOP for sick leave charged (retroactively decreasing the deceased employee's pay entitlement) is within our jurisdiction, the Office of Personnel Management must determine how to compute the survivor annuity. 5 U.S.C. 8347. We have previously answered questions relating to leave charges and pay entitlement which have been asked primarily because of the effect on Civil Service Retire- ment benefits. Apparently the Civil Service Commission (now Office of Personnel Management) has paid benefits consistent with those decisions. While we cannot direct payment or withholding of payments from the Civil U7 ,P4 ,, //

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