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B-200256 1 (1981-05-20)

handle is hein.gao/gaobadjkf0001 and id is 1 raw text is: DECISION FILE: B-200256 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 DATE: May 20, 1981 OF: Duane E. Messmer -6Disconi ervice Retiremenj, 3-etroactive Application 01P Retirement may be retroactively effected where agency incorrectly advised employee whose position was abolished that he had to meet age and service requirements as of March 31, 1979, rather than September 30, 1979, to qualify for discontinued service retirement. Agency may retroactively change employee's record to show that he was retired on May 6, 1979. The failure of agency to notify employee that he had an additional 6 months within which to qualify constituted administrative error which deprived him of right granted by statute and regulation to elect discontinued service retirement. The Internal Revenue Service (IRS) requests our decision on whether an employee may be retroactively granted discontinued service retirement where the IRS did not advise the employee of the extension of a reorganization period which would have allowed him to continue on transitional detail until he was eligible for discontinued service retirement. The failure of the IRS to notify the employee of the extension constituted administrative error which justifies retroactive relief. In 1978 IRS revised its appeals procedures and reorganized to implement the new one-level-of-appeal process. The reorganization which involved, among other changes, abolishment of a number of positions, was scheduled to take place over a period of several months and affected offices were instructed to accom- plish the reorganization within that period. Employees whose positions were being abolished and who were eli- gible in terms of age and years of service for discon- tinued service retirement were advised of that option. One of the affected employees, Mr. Duane E. Messmer, was notified that his job was being abolished and that he was being detailed to a transitional position pending more permanent arrangements. His detail was to expire on March 31, 1979. He expressed an interest in retiring and inquired about his eligibility for discontinued - =6 g7; ~-.- ..,-~

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