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B-197400 1 (1981-12-10)

handle is hein.gao/gaobadjxn0001 and id is 1 raw text is: //72C CECIBION %I COMPTROLLER OENERAL THE UNITED STATUE WAGHINGTON, ,DoO.Q0548 B-197400 O20TEs D December 0,1981 MATTER C DIGESTi )Ft Thomas C. Collins - Improper Appointment Inldtvidual was terminated from employment with the Forest Service after appointment wai found to be erroneous, was reemployed temporarily in lower-graded position after break in service, and was then properly appointed to original position. He claims compensation and other benefits, For period of employment prior to termination claimant is entitled to compensation earned, lump-sum payment for accruod annual leave, service credit for annual leave accrual purposes, reqredlit of accrued uick leave to his leave account and payment for retirement deduc- tions withheld. No entitlement exists to backpay for period after termination of original appointment since neither termina- tion nor appointment to temporary lower- graded position constitutes unwirranted or unjustified personnel action under Back Pay Act, 5 U.S.C. § 5596. Entitlement to service credit for retirement is for determination by Office of Personnel Management. This is in response to a request from Mr. Brad Womack, an authorized ertifying officer with the National Finance Center, United States Department of Agriculture, for an advance decision concerning the claim of Mr. Thomas C. Collins. The issue in this case is whether Mr. Collins should be compensated as if he were a GS-9 for the period he was improperly appointed at that grade and for the period he was sub- sequently separated until proper reappointment to the GS-9 position. We hold that Mr. Collins may receive annual and sick leave benefits for the periods of em- ployment and a refund for his retirement contributions made while he was employed, but his other claims for backpay are denied. FILE;

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