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B-208097 1 (1983-12-07)

handle is hein.gao/gaobadlle0001 and id is 1 raw text is: e~THE COMPTROLLER GENERAL OECISION O F THE UNITED STATES ~WASHINGTO N, D.C. 20548 FILE: B-208097 DATE: December 7, 1983 MATTER OF: Glen Gurwit - Backpay - State Unemployment Compensation DIGEST: The Commissioner of Customs asks whether unemployment compensation paid by a State to a Federal civilian employee during a period of wrongful separation may be deducted from a subsequent backpay award under 5 U.S.C. S 5596. Under the law providing Unemployment Compensation for Federal Employees (5 U.S.C. SS 8501, et seq.) and Department of Labor regulations (20 C.F.R. Part 609), overpay- ments of unemployment compensation are to be determined and recovered under the applicable State's law. Since unemployment compensation received from a State by a Federal employee during a period of wrongful separation may be required to be refunded to the State, no deduction should be made from the backpay award. Mr. Alfred R. DeAngelus, the Acting Commissioner of Customs, requests a decision as to whether unemployment com- pensation paid by a State to a Federal Government employee during a period in which he was removed from Government employment may be deducted from a subsequent backpay award to which the employee has been found to be entitled follow- ing an appeal of the removal. Under the current regula- tions, we conclude that, since unemployment compensation received from a State by an employee during a period of unjustified or unwarranted separation from the Federal service may be required to be refunded to the State, no deduction should be made by the Federal agency from the backpay to which the employee is otherwise entitled. BACKGROUND In December 1980, Mr. Glen Gurwit was removed from the U.S. Customs Service for disciplinary reasons. Mr. Gurwit filed a grievance in connection with his removal and the issue of whether his removal was for the efficiency of the Service was submitted to arbitration pursuant to the I))CC-1

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