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B-207676 1 (1984-05-07)

handle is hein.gao/gaobadlrk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OKC lSION OP THE UNITED STATES 4/ WASHINGTON. D.C. 20548 FILE: B-207676 DATE: May 7, 1984 MATTER OF: Matter of Perry L. Peterson DIGEST: Incident to implementing a Foreign Service Grievance Board decision ordering the recomputation of a retired foreign service officer's annuity the Comptroller General advised the employing office to fix a retro- actively effective retirement date and treat the employee as a reemployed annuitant until the date he in fact retired. Taking the actions directed resulted in the employee's being granted sick leave in excess of the amount to his credit. Waiver of the debt for pay received during use of excess sick leave is granted under 5 U.S.C. S 5584 since the change in the retirement date made the grant of this sick leave erroneous and there is no indication that the individual was at fault in the matter. The United States Information Agency has asked whether Mr. Perry L. Peterson, a retired Foreign Service Information Officer, formerly employed by that agency should be required to reimburse the Government for the use of 76 hours of excess sick leave during the period from September 1 to December 26, 1980.1 The excess sick leave resulted from the agency's action retiring Mr. Peterson retroactively on August 31, 1980, and treating him as a reemployed annuitant for the period from September I to December 26, 1980, in accordance with our decision Matter of Peterson, B-207676, December 21, 1982. In that decision we considered a request by the Department of State for an opinion as to whether it could properly implement an order by the Foreign Service Grievance Board directing that Mr. Peterson's annuity be recomputed on the basis of an August 31, 1980 retirement date and that he be paid the recomputed annuity beginning on December 26, 1980, the date he actually retired. Under the circumstances waiver of Mr. Peterson's indebtedness for 1The matter was presented by Mr. James A. Kohler, Jr., Chief, Financial Operations Division, Office of the Comptroller, United States Information Agency. 726-1e

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