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B-200015 1 (1980-11-17)

handle is hein.gao/gaobadiru0001 and id is 1 raw text is: o7__ 01'LER A A ) .4 -c.THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-200015 DATE: November 17, 1980 MATTER OF: Frederick W. Merkle, Jr. -7 Administrative Leave DIGEST: (1) Employee, who voluntarily took leave without pay (LWOP) to preserve possible eligibility for early retirement pending determination of creditable service, returned to duty 42 workdays later after being found ineligible. His request that LWOP be changed to admin- istrative leave because he was misled by agency's errors must be denied since there is no authority for administrative leave for such purpose or ex- tended period. (2) Employee who voluntarily takes LWOP to preserve possible eligi- bility for early retirement, knowing there is a question about his eligibility, is not entitled to backpay under 5 U.S.C. 5596 when he is found ineligible since there has been no unjustified or unwarranted personnel action. By letter dated July 21, 1980, Ms. Barbara B. Burdge, Acting Personnel Office of the Social Security Administration (SSA), requested a ruling whether Frederick W. Merkle, Jr. may have excused absence with pay - administrative leave - substituted for the 42 work- days he was on leave without pay (LWOP) pending a deci- sion as to his eligibility for discontinued service retirement. In July 1979, Mr. Merkle was notified by his employ- ing agency, SSA, that he had sufficient creditable Federal service to be eligibile for discontinued service retirement. I 000

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