B-131720, MAY 16, 1957

B-131720: May 16, 1957

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IT WAS FOUND THAT PART OF THE SERVICE WAS AS A STATE EMPLOYEE AND THAT ACTUALLY HE HAD ONLY 14 YEARS. WAS PROCESSED AND MADE EFFECTIVE NOVEMBER 30. A TOTAL OF 15 YEARS OF SERVICE IS REQUIRED TO ENTITLE A RETIRED EMPLOYEE TO CONTINUE HIS GROUP LIFE INSURANCE. BISHOP KNOWN THE TRUE FACTS CONCERNING HIS CREDITABLE SERVICE HE WOULD NOT HAVE RETIRED BEFORE COMPLETING THE 15 YEARS OF SERVICE NECESSARY FOR RETENTION OF INSURANCE. IT IS A WELL ESTABLISHED RULE THAT A VOLUNTARY RESIGNATION BY AN EMPLOYEE MUST BE ACCEPTED IN THE TERMS TENDERED TO ACCOMPLISH HIS SEPARATION FROM THE SERVICE. WE ARE OF THE OPINION THAT THE RATIONALE OF THAT RULE APPLIES WITH EQUAL FORCE HERE WHERE THE EMPLOYEE'S APPLICATION FOR RETIREMENT.

B-131720, MAY 16, 1957

TO HONORABLE HARRIS ELLSWORTH, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF MAY 1, 1957, REQUESTS OUR DECISION WHETHER THE RETIREMENT DATE OF MR. HARRY M. BISHOP MAY BE CHANGED FROM NOVEMBER 30, 1956, TO A DATE TWO MONTHS LATER IN ORDER TO ENTITLE HIM TO THE BENEFITS OF THE FEDERAL EMPLOYEES' GROUP LIFE INSURANCE AFTER RETIREMENT.

IT APPEARS THAT MR. BISHOP APPLIED FOR VOLUNTARY RETIREMENT TO BE EFFECTIVE NOVEMBER 30, 1956. HE HAD BEEN PREVIOUSLY INFORMED BY HIS EMPLOYING AGENCY THAT HE HAD 17 YEARS OF CREDITABLE SERVICE BUT, SUBSEQUENTLY, IT WAS FOUND THAT PART OF THE SERVICE WAS AS A STATE EMPLOYEE AND THAT ACTUALLY HE HAD ONLY 14 YEARS, 10 MONTHS AND 12 DAYS CREDITABLE SERVICE TOWARD RETIREMENT. HIS RETIREMENT, NEVERTHELESS, WAS PROCESSED AND MADE EFFECTIVE NOVEMBER 30, 1956, AS APPLIED FOR. A TOTAL OF 15 YEARS OF SERVICE IS REQUIRED TO ENTITLE A RETIRED EMPLOYEE TO CONTINUE HIS GROUP LIFE INSURANCE.

FROM YOUR LETTER WE UNDERSTAND THAT HAD MR. BISHOP KNOWN THE TRUE FACTS CONCERNING HIS CREDITABLE SERVICE HE WOULD NOT HAVE RETIRED BEFORE COMPLETING THE 15 YEARS OF SERVICE NECESSARY FOR RETENTION OF INSURANCE.

IT IS A WELL ESTABLISHED RULE THAT A VOLUNTARY RESIGNATION BY AN EMPLOYEE MUST BE ACCEPTED IN THE TERMS TENDERED TO ACCOMPLISH HIS SEPARATION FROM THE SERVICE. WE ARE OF THE OPINION THAT THE RATIONALE OF THAT RULE APPLIES WITH EQUAL FORCE HERE WHERE THE EMPLOYEE'S APPLICATION FOR RETIREMENT, FILED UNDER THE BELIEF THAT HE HAD NEARLY 17 YEARS OF SERVICE, WAS PROCESSED AFTER IT HAD BEEN ADMINISTRATIVELY DISCOVERED, APPARENTLY WITHOUT KNOWLEDGE ON HIS PART, THAT HE HAD IN FACT LESS THAN THE NECESSARY SERVICE TO RETAIN HIS INSURANCE BENEFITS.

IN THE CIRCUMSTANCES WE HAVE NO OBJECTION TO RESTORING MR. BISHOP TO THE ROLLS IN A LEAVE-WITHOUT-PAY STATUS FOR THE REQUIRED TWO MONTHS, WITH HIS SEPARATION TO BE EFFECTIVE JANUARY 31, 1957.