B-148913, JUN. 15, 1962

B-148913: Jun 15, 1962

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THE RECORD REVEALS THAT WHILE YOU WERE AN EMPLOYEE OF THE POST OFFICE DEPARTMENT YOU WERE FURNISHED. APPROXIMATE ANNUITY FIGURE IF YOU WERE SEPARATED BY RETIREMENT ON NOVEMBER 30. BASED ON THIS INFORMATION YOU SUBMITTED YOUR APPLICATION FOR RETIREMENT WHICH WAS ADMINISTRATIVELY APPROVED AND YOU WERE SEPARATED FROM THE FEDERAL SERVICE EFFECTIVE NOVEMBER 30. A DETERMINATION WAS MADE BY THE UNITED STATES CIVIL SERVICE COMMISSION THAT YOUR RETIREMENT APPLICATION WAS ERRONEOUSLY APPROVED IN THAT YOU HAD NOT COMPLETED 30 YEARS OF CREDITABLE SERVICE TOWARD OPTIONAL RETIREMENT. THE CIVIL SERVICE COMMISSION IS VESTED WITH AUTHORITY TO ADJUDICATE ALL CLAIMS ARISING UNDER THE CIVIL SERVICE RETIREMENT ACT AND ANY ADVERSE ACTION UPON A CLAIM FOR RETIREMENT IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE.

B-148913, JUN. 15, 1962

TO MRS. LEONA G. STULTZ:

WE REFER TO YOUR LETTER OF MAY 4, 1962, CERTIFIED MAIL NO. 328432, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF APRIL 5, 1962, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION COVERING THE PERIOD BETWEEN NOVEMBER 30, 1961, AND FEBRUARY 21, 1962.

THE RECORD REVEALS THAT WHILE YOU WERE AN EMPLOYEE OF THE POST OFFICE DEPARTMENT YOU WERE FURNISHED, PURSUANT TO YOUR REQUEST, AND APPROXIMATE ANNUITY FIGURE IF YOU WERE SEPARATED BY RETIREMENT ON NOVEMBER 30, 1961. BASED ON THIS INFORMATION YOU SUBMITTED YOUR APPLICATION FOR RETIREMENT WHICH WAS ADMINISTRATIVELY APPROVED AND YOU WERE SEPARATED FROM THE FEDERAL SERVICE EFFECTIVE NOVEMBER 30, 1961. SUBSEQUENTLY, AFTER AN EXAMINATION OF YOUR RECORD OF EMPLOYMENT, A DETERMINATION WAS MADE BY THE UNITED STATES CIVIL SERVICE COMMISSION THAT YOUR RETIREMENT APPLICATION WAS ERRONEOUSLY APPROVED IN THAT YOU HAD NOT COMPLETED 30 YEARS OF CREDITABLE SERVICE TOWARD OPTIONAL RETIREMENT.

THE CIVIL SERVICE COMMISSION IS VESTED WITH AUTHORITY TO ADJUDICATE ALL CLAIMS ARISING UNDER THE CIVIL SERVICE RETIREMENT ACT AND ANY ADVERSE ACTION UPON A CLAIM FOR RETIREMENT IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE. THE RECORDS WERE CORRECTED TO SHOW A SEPARATION DATE OF FEBRUARY 21, 1962. NO SERVICE WAS PERFORMED BY YOU BETWEEN THE FIRST SEPARATION DATE AND THE CORRECTED SEPARATION DATE.

YOUR CLAIM FOR COMPENSATION COVERING THE PERIOD IN QUESTION WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 5, 1962, BECAUSE IT WAS NOT WITHIN THE PURVIEW OF THE BACK-PAY PROVISIONS OF SECTION 6 OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, (PUBLIC LAW 623), 62 STAT. 355. 5 U.S.C. 652.

SO FAR AS HERE PERTINENT PARAGRAPH (1) OF SUBSECTION (B) OF THE 1912 ACT, AS AMENDED, AUTHORIZES BACK PAY TO PERSONS WHO ARE REMOVED OR SUSPENDED WITHOUT PAY FROM THE CLASSIFIED CIVIL SERVICE UNDER SUBSECTION (A) AND WHO, AFTER APPEAL TO PROPER AUTHORITY ARE REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT THE REMOVAL OR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED. THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA IN THE CASE OF ELLMORE V. BRUCKER, 236 F.2D 734, RULED THAT RETIREMENT WHETHER VOLUNTARY OR INVOLUNTARY IS NOT TO BE EQUATED WITH REMOVAL FROM THE CLASSIFIED SERVICE FOR CAUSE, AS PROVIDED FOR IN THE 1912 ACT AS AMENDED.

EVEN THOUGH YOUR SEPARATION ON NOVEMBER 31, 1961, FOR THE PURPOSE OF GRANTING RETIREMENT MAY HAVE BEEN ERRONEOUS, WE KNOW OF NO STATUTE UNDER WHICH YOU MAY BE PAID COMPENSATION FOR THE PERIOD IN QUESTION DURING WHICH NO SERVICES WERE RENDERED.