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B-238509 1 (1990-04-09)

handle is hein.gao/gaobadnsq0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washinton, D.C. 2548

Decision

  Matter of: Deborah M. West - Refund of Private Life and
               Health Insurance Premiums - New Temporary
               Schedule C Employee

   File:       B-238509

   Date:       April 9, 1990


   DIGEST

   A new temporary Schedule C employee who was erroneously
   excluded from the Federal Employees Life and Health Benefits
   Programs for approximately 5 months may not be reimbursed
   for the difference in the cost of premium payments she made
   for private life and health insurance coverage during that
   period.


   DECISION

   The issue in this decision is whether a New Temporary
   Schedule C (NTC) appointee who was erroneously excluded
   from the life and health insurance programs for a period of
   approximately 5 months may be reimbursed for the difference
   in the cost of private life and health insurance premiums
   she paid during that period..1/ For the following reasons we
   hold that she may not be reimbursed for those expenses.

   BACKGROUND

   On July 12, 1989, Ms. Deborah M. West was appointed under
   5 C.F.R. § 213.3302 (1989) as a Confidential Assistant to a
   presidential appointee as a New Temporary Schedule C (NTC)
   employee with the National Labor Relations Board (NLRB). At
   the time of her appointment, Ms. West was ineligible for
   federal employee life and health benefits since she was an
   employee serving under an appointment limited to 1 year or
   less. See 5 C.F.R. §§ 870.202(a)(1) and 890.102(c)(1)
   (1989).

   Effective July 14, 1989, the Office of Personnel Management
   (OPM) amended the Federal Personnel Manual (FPM),


   .1/ This decision is in response to a request by Mr. Ernest
   Russell, Director of Administration, National Labor
   Relations Board (NLRB).

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