Waiver of Pay and Retroactive Substitution of Leave-without-Pay Status To Obtain Earlier Disability Retirement Date

A decision was requested on the propriety of collecting compensation paid to a now-deceased civilian employee for a few days work in 1975. The employee had agreed to refund the payments so that he could revert to a leave-without-pay status, enabling his disability retirement annuity to commence at an earlier date. There is no authority for an employee to waive and refund compensation when salary for his position is fixed by or pursuant to legislative authority.