About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-200796 1 (1981-02-19)

handle is hein.gao/gaobadjde0001 and id is 1 raw text is: THE COMPTR LLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, 0. C. 20548 FILE: B-200796 DATE: February 19, 1981 MATTER OF: Conrad A. Gerard - Retroactive Discontinued Service Retiremen DIGEST: Retirement may be retroactively effected where agency determined that employee's demotion and transfer did not constitute an involuntary separation so as to entitle him to discontinued service retirement, but was later~overruled by OPM. Agency may retroactively change employee's records to show that he retired January 27, 1980, because it failed to submit question of involuntary separation to OPM for advance decision as required by FPM Supp 831-1, par. Sll-2.a. This failure constituted adminis- trative error which justifies retroactive relief. The Federal Aviation Administration (FAA) requests our decision on whether one of its employees may be retroactively granted discontinued service retirement. We hold that the employee is entitled to be retired as of January 27, 1980, because of the agency's failure to timely submit the matter to the office of Personnel Management (OPM). Mr. T.N. Burtness, Chief, Personnel Management Division, FAA Eastern Region, states that the employee, Mr. Conrad A. Gerard, was demoted effective January 27, 1980, from GS-12 to GS-11 and simultaneously reassigned from Charleston, West Virginia, to Huntington, West Virginia. Mr. Gerard had been promoted to the position of Electronic Technician, GS-12, effective February 26, 1978. However, as a condition of retaining that position it was necessary for Mr. Gerard to success- fully complete a specific training course at the FAA Academy within 12 months of his promotion. Although Mr. Gerard was enrolled twice in the necessary course, he was withdrawn on both occasions. Therefore, the !~~ 311%7

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most