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B-226425 1 (1988-01-04)

handle is hein.gao/gaobadmyt0001 and id is 1 raw text is: oThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Chris Roggerson - Payment by Agency of Employee's Share of Retirement Contribution File: B-226425 Date: January 4, 1988 DIGEST An employee's change in appointment from a reemployed annuitant to a permanent Senior Executive Service position was incorrectly implemented by his employing agency, and no deduction was made from his salary for his contribution into the retirement fund for nearly 4 years. The agency is advised that there is no authority for the agency to pay the employee's share of his retirement contribution so that he may receive additional service credit. Congress has provided the employee with a solution in 5 U.S.C. § 8344(a)(B) (1982), which provides that he can attain additional service credit by voluntarily making a deposit in the retirement fund. See Sakran v. United States, 176 Ct. Cl. 831 (1966). DECISION The Director, Financial and Resource Management Services, U.S. Equal Employment Opportunity Commission (EEOC), requests an advance decision concerning the payment by the agency of an employee's share of his retirement contribu- tions where the agency failed to properly convert his appointment from reemployed annuitant to a permanent appointment. The EEOC is advised that there is no authority for such a payment. BACKGROUND Mr. Chris Roggerson had previously retired on discontinued service when he was employed by EEOC in various positions on a temporary basis as a reemployed annuitant from November 1, 1980 to June 25, 1983. Mr. Roggerson's salary was properly reduced by his annuity, and since he was a reemployed annuitant, deductions from his salary for the Civil Service Retirement Fund were not withheld. 5 U.S.C. S 8334 (1982).

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