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B-202112 1 (1981-11-16)

handle is hein.gao/gaobadjwg0001 and id is 1 raw text is: DECISION FILE: B-202112 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: November 16, 1981 MATTER OF: Michael J. Hanley - Retroactive Discontinued Service Retirement DIGEST: Agency did not properly advise employee of his right to elect discontinued ser- vice retirement either at time he was notified of impending change in location of official duty station to outside the commuting area of his current worksite or at any time prior to relocation of it on December 1, 1980. Agency may retroactively change effective date of separation since agency did not provide employee with specific written notice of option to elect discontinued service retirement as reauired by regulation. This failure constitutes administrative error which justifies retroactive relief. The Agricultural Stabilization and Conservation Service (ASCS), United States Department of Agriculture (DOA), Management Field Office, Kansas City, Missouri, requests our decision on whether one of its employees may be retroactively granted a discontinued service retirement. We hold that the employee is entitled to be separated effective November 30, 1980, because of the agency's failui:e to properly notify the employee of his right to elect discontinued service retirement. The record in this case demonstrates that the em- ployee, Mr. Michael J. Hanley, of the Washington State ASCS office', was notified that due to a change in the location of ASCS headquarters, effective December 1, 1980, he would be reassigned to the new headquarters, which was outside the commuting area of his current worksite. Mr. Hanley states that procedure requires that he reside within the new area that he was to serve. However, Mr. F. Wayne Bourn, Chief, ASCS Personnel Divi- sion, states that there is no record of Mr. Hanley signing a mobility agreement which would have permitted reassign- ment outside the commuting area of his current worksite. Additionally, Mr. Hanley's position description did not provide for such a geographic reassignment, and it is

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