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B-202734 1 (1981-06-30)

handle is hein.gao/gaobadjnc0001 and id is 1 raw text is: DECISION FILE: B-202734 DvIGET:i H L= DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: Jure 30, IPI -: Members of Merit Systems Protection Board--Service Beyond End of Term 1. On January 1, 1979, the Civil Service Commission was redesignated the Merit Systems Protection Board, and the Com- missioners became Board members, pur- suant to the Civil Service Reform Act of 1978. Under transitional legislation, those Board members serve out the terms of office they would have had as Commis- sioners and may hold over in office thereafter until new 7-year full-term appointments to the Board are made under newly enacted law (5 U.S.C. 1202). If a former Commissioner resigns, his replacement serves the remainder of his term under the same conditions and with the same eligibility to hold over in office. Subsec. 202(b), Public Law 95-454. 2. New full-term appointments to the Merit Systems Protection Board are governed by 5 U.S.C. 1202, as added by the Civil Service Reform Act of 1978. Under-that statute, Board members appointed to a full 7-year term are ineligible for reappointment but may hold over in office for up to 1 year after the end of their terms; however, Board members appointed to fill a vacancy in office and serve out the remainder of a 7-year term may be reappointed to another term but are not specifically authorized to hold over in office. These individuals should not hold over unless the law is changed to authorize specifically. This action is in response to a letter dated March 30, 1981, from the Merit Systems Protection Board, questioning whether a Board member may continue to serve beyond the expiration of his term of office until such time as a new appointment to the office is made. We understand that the question relates specifically to Board member Ronald P. Wertheim. We have concluded that he may properly continue to serve beyond the expiration of his term of office. If 5enll'~

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