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B-226946 1 (1987-07-16)

handle is hein.gao/gaobadmts0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 / 3-3 Decision Matterof: Howard L. Bittle File: B-226946 Date: July 16, 1987 DIGEST A civilian employee, separated for voluntary retirement, was later restored to the agency rolls because he did not meet the conditions for optional retirement under 5 U.S.C. S 8332(c). The employee now claims backpay for the period he was off the rolls. Under the facts of this case, the employee did not undergo an unjustified or unwarranted personnel action for which backpay is authorized since he was properly informed, prior to his separation, of the requirements for retirement. Even though the agency was aware the employee did not intend to waive his military retired pay, there was a basis for retiring him on the face of his retirement application which stated that his retired pay was for Reserve duty, thus exempting him from the waiver requirement. Therefore, the employee's claim for backpay must be denied. DECISION This decision is in response to an appeal submitted by Howard L. Bittle, requesting reconsideration of the Claims Group's determination of February 3, 1987, denying him backpay under 5 U.S.C. S 5596. Mr. Bittle is appealing the determination on the basis that his application for retire- ment from the General Services Administration (GSA) was accepted by that agency despite the fact that he indicated on his retirement application that he was not willing to waive his military retired pay, a necessary condition for retirement in his case. Based upon our review of Mr. Bittle's case, we conclude that he received accurate information from the agency concerning the requirements for retirement. GSA processed his retire- ment application only after Mr. Bittle insisted that he came under a category of employees who are authorized by law to receive a civil service annuity based on their combined military and civilian service, while continuing to receive their military retired pay. GSA learned that Mr. Bittle did 03517

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