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B-206617 1 (1982-05-18)

handle is hein.gao/gaobadkhq0001 and id is 1 raw text is: 




DECISION



FILMi: B.-206617


MATTER C

DIGEST:
   '9


IF:


Anthony
ment by
Board -


I


1   General &,frvtbes Administration requests
    advance decksiop whether it may hoior
    final deoision of Merit Systems Protec-
    tion  oard (MSPB) retroactively rein-
    stating individual to position in agency
    with bachpay, This office will not re-
    view final decision of MSPB ordering cor-
    rective action under 5 C.F.R. § 330.204
    (1978) for violation of individual's re-
    employment rights under 5 US.C. § 8151
    (1976)o ,ccordingly, MSPB decision is
    legal basin upon which individual's bac-
    pay entitlements in connection with retro-
    active reinstatement must be certified for
    payment.


2.  Claimant who successfully appealed agency's
    failure to accord him priority considera-
    tion for reemployment to Merit Systems
    Protection Board, claims attorney fees
    in connection with the appoal. Claim for
    attorney fees under authority of Civil
    Service Reform Act of 1978 is denied
    since claimant's administrative proceeding
    was pending on effective date of Reform
    Act. savings provision in section 902(b)
    of Reform Act precludes application of its
    provisions to administrative proceedings
    pending on its effective date.

              ISSUES


     The Assistant Adminietrator for Plans, Programs,
and Financial Management, Region 8, General Services Admin-
istration, requests an advance decision as to whether, as
a disbursing officer, he may honor a finalidecision of the
Merit Systems Protection Board retroactivoly reinstating
Mr. Anthony F. Librande to a certain position with the
agency. This Office will not review the :!'inal decisione


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    THE OOn-PTOOLLfl GENERAL
J.  OP THE UNITED         ETATES
     WAtHINWTON, 0, 90Ro4U



          VATEI May 18, 1982

F, Librande - Retroactive Reinstate-.
Order of Merit Systemo Protection
Qackpay- Attorneys feep


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