B-130623, MAR. 26, 1957

B-130623: Mar 26, 1957

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THAT IT WAS NOT FORWARDED TO THE CIVIL SERVICE COMMISSION UNTIL DECEMBER 14. WAS NOT ACTED UPON BY THE COMMISSION UNTIL JANUARY 10. THIS EMPLOYEE SUFFERED A HEART ATTACK AND ORALLY REQUESTED THE POSTMASTER TO SUSPEND HIS APPLICATION FOR RETIREMENT AND PLACE HIM ON SICK LEAVE BUT WAS TOLD THAT THE POSTMASTER WOULD HAVE TO CONTACT THE DISTRICT OPERATION MANAGER WHICH THE POSTMASTER DID BY LETTER. THIS LETTER WAS NOT RECEIVED UNTIL DECEMBER 2. FLECK HAD 250 DAYS SICK LEAVE TO HIS CREDIT WHEN HE WAS STRICKEN AND ON DECEMBER 8. AS THE MATTER INVOLVED A QUESTION UNDER THE CIVIL SERVICE RETIREMENT ACT IT WAS REFERRED BY US TO THE CIVIL SERVICE COMMISSION FOR COMMENT. A COPY OF ITS REPORT IS ENCLOSED FOR YOUR INFORMATION.

B-130623, MAR. 26, 1957

TO THE POSTMASTER GENERAL:

ON FEBRUARY 5, 1957, YOUR REFERENCE 800, THE DEPUTY POSTMASTER GENERAL REQUESTED OUR DECISION WHETHER THE RETIREMENT OF MR. JOHN D. FLECK, A RURAL CARRIER AT THE MASON, WISCONSIN, POST OFFICE, COULD BE CANCELED AND MR. FLECK PLACED ON SICK LEAVE UNTIL THE EXPIRATION OF HIS ACCRUED SICK LEAVE.

IT APPEARS THAT MR. FLECK EXECUTED HIS APPLICATION FOR OPTIONAL RETIREMENT OCTOBER 24, 1955, BUT THAT IT WAS NOT FORWARDED TO THE CIVIL SERVICE COMMISSION UNTIL DECEMBER 14, 1955, AND WAS NOT ACTED UPON BY THE COMMISSION UNTIL JANUARY 10, 1956, WHEN THEY APPROVED HIS RETIREMENT EFFECTIVE BEGINNING DECEMBER 1, 1955. HOWEVER, ON NOVEMBER 30, 1955, THIS EMPLOYEE SUFFERED A HEART ATTACK AND ORALLY REQUESTED THE POSTMASTER TO SUSPEND HIS APPLICATION FOR RETIREMENT AND PLACE HIM ON SICK LEAVE BUT WAS TOLD THAT THE POSTMASTER WOULD HAVE TO CONTACT THE DISTRICT OPERATION MANAGER WHICH THE POSTMASTER DID BY LETTER. THIS LETTER WAS NOT RECEIVED UNTIL DECEMBER 2, 1955, BY THE DISTRICT OPERATION MANAGER, WHO BEING UNAWARE OF WHAT HAD OCCURRED RELEASED FORM 50 ON DECEMBER 1, 1955, INITIATING THE PROCESSING OF THE EMPLOYEE'S OPTIONAL RETIREMENT. MR. FLECK HAD 250 DAYS SICK LEAVE TO HIS CREDIT WHEN HE WAS STRICKEN AND ON DECEMBER 8, 1955, WHEN HE HAD SUFFICIENTLY RECOVERED HE AGAIN REQUESTED THAT HIS RETIREMENT BE CANCELED.

AS THE MATTER INVOLVED A QUESTION UNDER THE CIVIL SERVICE RETIREMENT ACT IT WAS REFERRED BY US TO THE CIVIL SERVICE COMMISSION FOR COMMENT. LETTER DATED MARCH 15, 1957, THE COMMISSION REPORTED THAT THERE WOULD BE NO OBJECTION TO CANCELLING MR. FLECK'S RETIREMENT. A COPY OF ITS REPORT IS ENCLOSED FOR YOUR INFORMATION.

THE RECORD ESTABLISHES THAT MR. FLECK WITHDREW HIS APPLICATION FOR RETIREMENT PRIOR TO HIS SEPARATION FROM THE SERVICE AND BEFORE IT WAS ACTED UPON BY THE CIVIL SERVICE COMMISSION. IN THOSE CIRCUMSTANCES WE MAY VIEW HIS RETIREMENT AS HAVING BEEN PROCESSED WITHOUT HIS CONSENT AND SINCE HIS APPLICATION WAS FOR VOLUNTARY RETIREMENT NO OBJECTION CAN BE OFFERED TO ITS CANCELLATION AND THE RESTORATION OF THE EMPLOYEE TO A PAY STATUS AS OF DECEMBER 1, 1955. BEGINNING WITH THAT DATE AND SUBJECT TO ADMINISTRATIVE APPROVAL HE MAY BE GRANTED SUCH SICK LEAVE AS THERE MAY BE TO HIS CREDIT.