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B-208523 1 (1983-04-13)

handle is hein.gao/gaobadkzr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION \ OF THE UNITED STATES /WASHINGTON. 0. C. 20548 FILE: B-208523 DATE: April 13, 1983 MATTER OF: Massachusetts National Guard Technicians DIGEST: Massachusetts National Guard technicians who had elected State rather than Federal retirement coverage, as provided in the National Guard Technicians Act of 1968, improperly converted to Federal Civil Service retirement after they separated from the Massachusetts National Guard and were later rehired. No reimbursement is allowable for interest expense to restore state retirement coverage, even though the costs accrued because of mistaken and unauthorized conversion to the Federal Civil Service retirement system. The Government is not liable for the unauthor- ized acts of its agents. Further, without a statutory or contractual provision for interest and attorney fees claimed, reimbursement of these items must be denied. Several Massachusetts National Guard technicians claim reimbursement for costs of interest and attorney fees they indicate they incurred because they were mistakenly placed under the Federal Civil Service retirement system without authority. The National Guard Bureau, Departments of the Army and the Air Force, in submitting the technicians' claims to us, recommends payment because of the mistake, but states it could find no authority to allow the claims. We find that the claims may not be paid because there is no contractual or statutory provision permitting reim- bursement of the interest or attorney fees requested. Without such authority losses arising from mistaken and unauthorized actions of agency officers and employees may not be paid by the Government. Background The claimants were employed as civilian technicians with the Massachusetts National Guard when the National Guard Technicians Act of 1968, became effective in January

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