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B-199667 1 (1980-10-07)

handle is hein.gao/gaobadipj0001 and id is 1 raw text is: A to-~ Employee chose to remain in pay status beyond February 29, 1980, due to uncertainty whether he could return to SES position as reemployed annuitant. He submitted retirement applica- tion on March 11, 1980. Agency may not make retirement date retroactively effective February 29th in order to increase annuity. Effective date of separation is last date em- ployee is carried on the rolls, and employee in pay status may not waive right to compen- sation to set back date of entitlement to annuity under 5 U.S.C. § 8345(b). Finally, no administrative error is found to justify relief under Back Pay Act. R _ --'- The Office of. Personnel Management (OPM) has asked our opinion concerning the authority of the Departs n.1 of the Air Force to approve a retroactive separation dwe for Mr. Frank A . Fishburne, a Senior Executive Service (SES) employee of the Department. For the rea- sons set forth below, we conclude that .the Air Force may not approve a retroactive separation date. Mr. Fishburne was employed as Deputy Comptroller of the Air Force, a career reserved SES position. Early in January 1980, Mr. Fishburne expressed his desire to retire effective February 29, 1980, the last date on which he could retire and obtain a cost of livina in- crease payable to Federal retirees on March 1, 1980. Due to a large number of vacancies in bigh level Air Force positions, Mr. Fishburne agreed to conti-nue work- ing as a reemployed annuitant after his retirement. However, problems arose when the Air Force contacted OPM about the feasibility of this plan and was advised that reemployed annuitants could not be placed in career reserved SES positions, but could only be returned to general positions with a limited appointment. If Mr. Fishburne had retired and accepted reemployment in \V11AZ44 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VVAI/ GASH INGTO N 0 C. 205 48 FILE: B-199667 DATE: October 7, 1980 MATTER OF: Frank A. Fishburne - stablishment of Separation Date DIGEST:

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