About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-223118 1 (1987-01-02)

handle is hein.gao/gaobadmow0001 and id is 1 raw text is: tThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Orlan Wilson - Backpay - Improper Retirement File: B-223118 Date: January 2, 1987 DIGEST 1. Employee whose retirement application was disallowed by Office of Personnel Management after separation from General Services Administration claims backpay, alleging that disal- lowance and separation were due to agency error. In view of the responsibility of an agency to maintain retirement records and to counsel employees with regard to their retire- ment rights, where an employee's retirement was induced by administrative error and the employee is subsequently restored to the rolls of the agency, the employee is entitlLd to backpay for the period he was off the employment rolls. 2. Neither the Back Pay Act, 5 U.S.C. S 5596, nor implement- ing regulations which prescribe allowable payments when an employee undergoes an unwarranted personnel action authorize consequential relocation and moving expenses when an employee is erroneously separated. Although such expenses may result from an improper personnel action, they do not represent benefits an employee would have received had the personnel action not occurred. However, relocation and moving expenses in connection with a restored employee's transfer may be allowed where the employee would have received such benefits but for the personnel action. DECISION This decision is in response to a request for an advance decision from Larry S. Golden, Chief, Accounts Payable Branch, General Services Administration, Region 6, Kansas City, Missouri. Mr. Golden has requested our opinion concerning the claim of Mr. Orlan Wilson for backpay from September 1, 1984, through November 12, 1985. Since Mr. Wilson's retirement was induced by administrative error and he was subsequently restored to the rolls of the agency, 37o - 1 7

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most