B-142641, JUN. 21, 1960

B-142641: Jun 21, 1960

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GILES FOR "FAILURE TO DEVOTE FULL TIME AND ATTENTION TO OFFICIAL DUTIES" TO SHOW THAT MISS GILES WAS RETIRED FOR DISABILITY. CONCERNING HER PROPOSED SEPARATION WAS UNUSUAL IN THAT SHE DID NOT SEEM TO BE CONCERNED ABOUT THE SERIOUSNESS OF THE CONTEMPLATED ACTION. THAT SHE WAS SEPARATED ON MAY 15. LEFT THE OFFICE AFTER THE NATURE OF THE ACTION AGAIN WAS EXPLAINED TO HER. THAT SHE IS UNDERSTOOD TO HAVE IMMEDIATELY RETURNED TO HER HOME IN ST. LOUIS WHERE SHE WAS PLACED UNDER PSYCHIATRIC CARE. YOU POINT OUT THAT SHE WAS HOSPITALIZED FOR AN EMOTIONAL ILLNESS OF CONSIDERABLE SEVERITY FROM MAY 23 TO JUNE 4. THAT IT WAS THE OPINION OF THE PHYSICIAN IN WHOSE CARE SHE WAS PLACED THAT HER MENTAL CONDITION HAD EXISTED FOR OVER A YEAR AND THAT HER REACTION TO THE SEPARATION WAS TYPICAL OF HER MENTAL CONDITION.

B-142641, JUN. 21, 1960

TO THE SECRETARY OF HEALTH, EDUCATION AND WELFARE:

ON APRIL 18, 1960, YOU REQUESTED OUR DECISION AS TO WHETHER YOU MAY CHANGE THE PERSONNEL ACTION AND OTHER PERTINENT RECORDS PERTAINING TO THE SEPARATION OF MISS MARGARET S. GILES FOR "FAILURE TO DEVOTE FULL TIME AND ATTENTION TO OFFICIAL DUTIES" TO SHOW THAT MISS GILES WAS RETIRED FOR DISABILITY, AND TO SET THE DATE OF SUCH RETIREMENT SO AS TO GIVE HER THE BENEFIT OF THE SICK LEAVE WHICH SHE HAD ACCUMULATED.

YOU SAY THAT MISS GILES' BEHAVIOR DURING AN INTERVIEW ON APRIL 28, 1959, CONCERNING HER PROPOSED SEPARATION WAS UNUSUAL IN THAT SHE DID NOT SEEM TO BE CONCERNED ABOUT THE SERIOUSNESS OF THE CONTEMPLATED ACTION; THAT SHE WAS SEPARATED ON MAY 15, 1959; THAT SHE RETURNED TO WORK THE FOLLOWING MONDAY, APPARENTLY NOT AWARE THAT SHE HAD BEEN SEPARATED, BUT LEFT THE OFFICE AFTER THE NATURE OF THE ACTION AGAIN WAS EXPLAINED TO HER; AND THAT SHE IS UNDERSTOOD TO HAVE IMMEDIATELY RETURNED TO HER HOME IN ST. LOUIS WHERE SHE WAS PLACED UNDER PSYCHIATRIC CARE. YOU POINT OUT THAT SHE WAS HOSPITALIZED FOR AN EMOTIONAL ILLNESS OF CONSIDERABLE SEVERITY FROM MAY 23 TO JUNE 4; THAT IT WAS THE OPINION OF THE PHYSICIAN IN WHOSE CARE SHE WAS PLACED THAT HER MENTAL CONDITION HAD EXISTED FOR OVER A YEAR AND THAT HER REACTION TO THE SEPARATION WAS TYPICAL OF HER MENTAL CONDITION; AND THAT AN APPLICATION FOR DISABILITY RETIREMENT MADE ON HER BEHALF WAS MEDICALLY APPROVED BY THE CIVIL SERVICE COMMISSION, DISABILITY RETIREMENT SECTION, ON DECEMBER 14, 1959.

IN THE CIRCUMSTANCES RELATED ABOVE, THE BASIS OF THE SEPARATION ACTION MAY BE CHANGED TO RETIREMENT FOR DISABILITY, AND ADJUSTMENT OF THE RECORDS TO AUTHORIZE PAYMENT FOR THE SICK LEAVE TO THE EXTENT DEEMED APPROPRIATE MAY BE MADE.

REGARDING RETIREMENT ACT BENEFITS UPON SUCH ADJUSTMENTS BEING ACCOMPLISHED, THE CIVIL SERVICE COMMISSION, IN ITS REPORT TO US OF JUNE 15, 1960, SAID:

"UPON RECEIPT FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OF AN INDIVIDUAL RETIREMENT RECORD (FORM 2806) FOR MISS GILES SHOWING A NEW SEPARATION DATE, RETIREMENT DEDUCTIONS WITHHELD, ETC., THE COMMISSION'S BUREAU OF RETIREMENT AND INSURANCE WILL RECOMPUTE HER ANNUITY RATE, TAKING INTO CONSIDERATION THE ADDITIONAL SERVICE CREDIT AND SALARY, AND REISSUE THE AWARD SUBJECT TO RECOVERY OF ANNUITY ALREADY PAID. IN SUCH A SITUATION, INSURANCE WITHHOLDINGS FROM THE SICK LEAVE PAY WOULD ALSO BE NECESSARY.'