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B-191495 1 (1978-04-10)

handle is hein.gao/gaobadfxg0001 and id is 1 raw text is: I DECISILON FILE: B-191495 I i MATTER OF: Francis S. Stein - Disability Retirement - Reemployment DIG EST': Employee retired on disability. lie recovered and was reemployed. He elected part-time duty, instead of full-time with time off charged to sick leave or leave without pay, on the al:eged advice of a personnel specialist that his retirement annuity would be computed as though he were on full-time. We find no improner personnel action since either full-time or part-time duty would have been proper within agency discretion. Alleged erroneous advice does not bind Government. Retroactive change to full-time duty may not be made. The Assistant Secretary for Administration and Management, Department of Labor, requests a decision on whether the agency can treat the reemployment of Mr. Francis S. Stein, as set forth below, as an unjustified or unwarranted personnel action, and thus permit a retroactive change in his appointment from part-time to full-timc. The chronology of facts submitted by the agency reads as follows: Mlay 5. 1972. Mr. Stein retired on disability from his position with the Bureau of International Labor Affairs, Department of Labor as an International Economist, GS-110-15, Step 5 at the rae of $28,995.00 per annum. May 73 1973. Mr. Stein was reinstated on a career appointment as he had recovered from his disability. He waL placed irk his position as International Economist, GS-15, Step 5 at the rate of $30,486.00 per annum. In his letter to Mr. Taylor, Mr. Stein indicates. that, at that time, he inquired of the Personnel I i 0 I .- 1% THE COMPTROLLER DflNERAL . OF THE UNITEfl STATEB . ?WASHINGTON. D.C. 2OS4a DATE: April 10, 1978

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