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![handle is hein.gao/gaobadjdz0001 and id is 1 raw text is:
7/7/ ~K'
- S
DECISION
FILE: I
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D. C. 20548
DATE: March 2, 1981
-199667
MATTER OF: Reconsideration of Frank A. Fishburne -
Retirement Date
Employee requests reconsideration of our
denial of his request to set effective
date of his retirement retroactively to
February 29, 1980. His agency's failure
to request formal OPM determination on
whether career reserved SES position could
be filled with reemployed annuitant was
not administrative error. Agency sought
informal advice from highest levels at OPM
and employee was not misinformed, although
OPM later changed its policy to allow re-
employed annuitants to fill career reserved
positions. Thus, we find no administrative
error and prior decision is affirmed.
Frank A. Fishburne(requests reconsideration of
our decision B-199667, October 7, 1980, in which we
held that Mr. Fishburne's retirement date may not be
retroactively changed-to February 29, 1980.
The facts, as set forth in our October 7, 1980,
decision, Matter of Frank A. Fishburne, are summarized
as follows.
Mr. Fishburne was employed as Deputy Comptroller
of the Air Force, a career reserved Senior Executive
Service (SES) position. CHe was interested in retiring
prior to March 1, 1980, apparently in order to obtain
the cost-of-living increase then payable to Federal
retirees.* Because of the large turnover in high level
Air Force~positions, Mr. Fishburne's supervisor wanted
him to continue in his osition after March 1, 1980, as
a reemployed annuitant. Officials of the Air Force con-
tacted Ms. Sally Greenberg, Associate Director of Ex-
ecutive Personnel and Manaqement Development, Office of
Personnel Management, concerning bringing Mr. Fishburne
back as a reemployed annuitant. 7Ms. Greenberg advised
the Air Force that career reserved SES positions could
not be filled with reemployed annuitants. Upon receiving
this informatio in late January ]980,f Mr. Fishburne
/ ~
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