B-142850, OCT. 3, 1960

B-142850: Oct 3, 1960

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E. GROTH FOR COMPENSATION COVERING A PERIOD OF SEPARATION FROM SERVICE WITH THE POST OFFICE DEPARTMENT ON ACCOUNT OF DISABILITY RETIREMENT WHICH ULTIMATELY WAS DISAPPROVED BY THE CIVIL SERVICE COMMISSIONERS. IS NOT NOW AUTHORIZED BY LAW. WE AGREE THAT A DISPARITY EXISTS BETWEEN THE BACK PAY RIGHTS OF EMPLOYEES SEPARATED "FOR CAUSE" AND THOSE WHO ARE SEPARATED AS A RESULT OF AGENCY DISABILITY RETIREMENT APPLICATIONS SUBMITTED UNDER AUTHORITY OF THE CIVIL SERVICE RETIREMENT ACT.

B-142850, OCT. 3, 1960

TO HONORABLE TOM MURRAY, CHAIRMAN:

ON SEPTEMBER 19, 1960, YOU REQUESTED US TO REVIEW OUR SETTLEMENT OF AUGUST 24, 1960, WHICH DISALLOWED THE CLAIM OF MISS GERTRUDE H. E. GROTH FOR COMPENSATION COVERING A PERIOD OF SEPARATION FROM SERVICE WITH THE POST OFFICE DEPARTMENT ON ACCOUNT OF DISABILITY RETIREMENT WHICH ULTIMATELY WAS DISAPPROVED BY THE CIVIL SERVICE COMMISSIONERS. YOU SAY THAT REPRESENTATIVE CLEMENT J. ZABLOCKI REQUESTED YOUR ADVICE ON THE MATTER AND EXPRESSED THE VIEW THAT IT SEEMS UNREASONABLE TO GRANT RETROACTIVE PAY TO EMPLOYEES RESTORED TO DUTY AFTER SEPARATION "FOR CAUSE" WHILE DENYING SUCH BACK PAY TO PERSONS RESTORED TO DUTY AFTER HAVING BEEN IMPROPERLY SEPARATED ON DISABILITY RETIREMENT.

WE ENCLOSE A COPY OF OUR SETTLEMENT OF AUGUST 24, 1960, TOGETHER WITH A COPY OF OUR LETTER OF THE SAME DATE TO THE POST OFFICE DEPARTMENT CONCERNING THE GRANTING OF LEAVE TO COVER THE PERIOD OF SEPARATION. THE CLAIM RECEIVED OUR MOST CAREFUL CONSIDERATION, AND WE CONCLUDED THAT IT MUST BE DISALLOWED FOR THE REASONS SET FORTH IN THE SETTLEMENT. WE REMAIN OF THE OPINION THAT PAYMENT OF COMPENSATION FOR THE PERIOD IN QUESTION, WITHOUT A CHARGE TO LEAVE, IS NOT NOW AUTHORIZED BY LAW.

WE AGREE THAT A DISPARITY EXISTS BETWEEN THE BACK PAY RIGHTS OF EMPLOYEES SEPARATED "FOR CAUSE" AND THOSE WHO ARE SEPARATED AS A RESULT OF AGENCY DISABILITY RETIREMENT APPLICATIONS SUBMITTED UNDER AUTHORITY OF THE CIVIL SERVICE RETIREMENT ACT, AS AMENDED, 5 U.S.C. 2257. WE SHOULD BE PLEASED TO COOPERATE WITH YOU AND YOUR COMMITTEE IN ANY WAY WE CAN--- SUCH AS BY FURNISHING EXAMPLES FROM OUR FILES--- IN STUDYING THE NECESSITY FOR AND FORMULATING CORRECTIVE LEGISLATION SHOULD SUCH ACTION BE CONTEMPLATED.