B-167146, JUL. 31, 1969

B-167146: Jul 31, 1969

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CIVIL PAY - RETIREMENT DATE CHANGE - LEAVE DECISION TO CLAIMANT WHO REQUESTS CHANGE IN OPTIONAL RETIREMENT DATE WHEN IT WAS DISCOVERED THAT ANNUAL LEAVE COULD NOT BE ACCRUED PRIOR TO EFFECTIVE RETIREMENT DATE. EMPLOYEE IS ADVISED THAT OVER PERIOD OF YEARS SHE MIGHT BENEFIT FINANCIALLY IF ELECTION IS MADE NOT TO REQUEST CHANGE IN RETIREMENT DATE. EVELYN STERLING: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED IN OUR OFFICE MAY 28. YOUR RETIREMENT DATE WAS BASED ON THE THEORY THAT YOU COULD ACCUMULATE LEAVE ON LEAVE DURING THIS PERIOD. SUBSEQUENTLY IT WAS DETERMINED THAT YOU WERE NOT ENTITLED TO ACCUMULATE LEAVE ON LEAVE AND WHILE YOU WERE OFFICIALLY SEPARATED AT THE CLOSE OF BUSINESS FEBRUARY 23.

B-167146, JUL. 31, 1969

CIVIL PAY - RETIREMENT DATE CHANGE - LEAVE DECISION TO CLAIMANT WHO REQUESTS CHANGE IN OPTIONAL RETIREMENT DATE WHEN IT WAS DISCOVERED THAT ANNUAL LEAVE COULD NOT BE ACCRUED PRIOR TO EFFECTIVE RETIREMENT DATE. EMPLOYEE IS ADVISED THAT OVER PERIOD OF YEARS SHE MIGHT BENEFIT FINANCIALLY IF ELECTION IS MADE NOT TO REQUEST CHANGE IN RETIREMENT DATE.

TO MRS. EVELYN STERLING:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED IN OUR OFFICE MAY 28, 1969, CONCERNING YOUR CLAIM FOR TWO WEEKS RETIRED ANNUITY PAY.

BY LETTER OF JUNE 24, 1969, WE ADVISED YOU THAT BEFORE REPLYING TO YOU WE FOUND IT NECESSARY TO OBTAIN A FURTHER REPORT FROM THE FEDERAL AVIATION ADMINISTRATION (FAA). THE REPORT HAS NOW BEEN RECEIVED.

THE REPORT INDICATES THAT YOU WENT ON ANNUAL LEAVE FEBRUARY 1, 1968, AND AT THAT TIME SUBMITTED YOUR APPLICATION FOR OPTIONAL RETIREMENT EFFECTIVE THE CLOSE OF BUSINESS FEBRUARY 23, 1968. APPARENTLY, YOUR RETIREMENT DATE WAS BASED ON THE THEORY THAT YOU COULD ACCUMULATE LEAVE ON LEAVE DURING THIS PERIOD. SUBSEQUENTLY IT WAS DETERMINED THAT YOU WERE NOT ENTITLED TO ACCUMULATE LEAVE ON LEAVE AND WHILE YOU WERE OFFICIALLY SEPARATED AT THE CLOSE OF BUSINESS FEBRUARY 23, 1968, YOU WERE PLACED IN A LEAVE-WITHOUT- PAY STATUS FOR FEBRUARY 21, 22 AND 23. FAA REGULATIONS PROVIDE THAT LEAVE SHALL NOT BE GRANTED TO EMPLOYEES WHEN IT IS KNOWN THAT THEIR FEDERAL SERVICE WILL TERMINATE UPON ITS EXPIRATION.

THE AGENCY STATES THAT THE MATTER HAS BEEN DISCUSSED WITH THE CIVIL SERVICE COMMISSION WHICH ADVISES THAT UNDER THE CIRCUMSTANCES THE PERSONNEL ACTION EFFECTING YOUR RETIREMENT COULD BE REVISED TO MAKE IT EFFECTIVE FEBRUARY 2, 1969. IN SUCH EVENT, YOUR ANNUITY WOULD THEN BEGIN ON FEBRUARY 3, 1969. HOWEVER, THE COMMISSION ALSO ADVISED THAT IF YOUR RETIREMENT DATE IS CHANGED YOUR ANNUITY WILL HAVE TO BE RECOMPUTED WHICH WILL RESULT IN A REDUCTION OF YOUR ANNUITY OF APPROXIMATELY $12 ANNUALLY ($1 PER MONTH). FUTURE COST-OF-LIVING INCREASES WOULD ALSO BE REDUCED TO A SLIGHT EXTENT.

IF YOU WILL REQUEST THE FAA TO CHANGE YOUR RETIREMENT DATE TO FEBRUARY 2, 1969, THEY WILL TAKE THE NECESSARY CORRECTIVE PERSONNEL ACTION AND FURNISH THE COMMISSION WITH A COPY SO THAT YOUR ANNUITY MAY BE ADJUSTED. WE NOTE THAT OVER A PERIOD OF YEARS YOU PROBABLY WOULD BENEFIT FINANCIALLY IF YOU ELECTED NOT TO REQUEST THE CHANGE IN YOUR RETIREMENT DATE.