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B-125137 1 (1983-12-07)

handle is hein.gao/gaobadllf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL [ECISION OP THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-125137 DATE: December 7, 1983 MATTER OF: Ralph V. McDermott DIGEST: When an employee is given a backpay award under 5 U.S.C. S 5596 no deduction should be made for any unemployment compensation he received for the period he received the backpay. This is done since the employee may have to repay the state agency which paid him the benefits and such a matter is for determination under state law. See 35 Comp. Gen. 241 (1955). This action is in response to a request from an author- ized official of the Department of Health and Human Services for a decision as to whether an employee's backpay award should have been reduced by the amount of unemployment com- pensation he received during the period for which the back- pay was awarded. The agency should not deduct the unemploy- ment compensation from the backpay award, but applicable regulations provide that the appropriate state agency should be advised of the backpay award so that any action author- ized by state law to recoup the paid benefits may be initiated. Mr. Ralph V. McDermott was an employee of the Depart- ment of Health and Human Services, Public Health Service, when in June of 1980 he resigned his civilian position to join the Commissioned Corps of the U.S. Public Health Service. In December of 1981, he received an honorable discharge. Apparently, he was discharged due to a reduction-in-strength action taken by the Public Health Service. On January 29, 1982, Mr. McDermott applied to be restored to his civilian position with the Public Health Service under the authority of 38 U.S.C. SS 2021, 2024, which under certain circumstances entitle discharged members to be reemployed in the civilian positions they held prior to entering the Service. His request for reemployment was rejected by the Regional Personnel Office of the Public Health Service.

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