B-168611, FEB. 3, 1970

B-168611: Feb 3, 1970

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AN EMPLOYEE WHO WHEN HE RETIRED WAS ADVISED THAT HE WAS ENTITLED TO CONTINUED COVERAGE IF THE HEALTH BENEFITS WHEN IN FACT HE WAS 6 MONTHS SHORT OF MEETING 5-YEAR REQUIREMENT MAY BE RESTORED TO DUTY TO CORRECT ADMINISTRATIVE ERROR. HOWEVER MATTER IS PRIMARILY FOR CONSIDERATION OF POST OFFICE AND CIVIL SERVICE COMMISSION. WE HAVE NO RECORD OF RECEIPT OF YOUR PRIOR LETTER OF DECEMBER 10. CHRISTIAN WAS VOLUNTARILY RETIRED ON OCTOBER 31. IT APPEARS THAT AN ADMINISTRATIVE ERROR WAS MADE INCIDENT TO HIS RETIREMENT IN CONSIDERING HIM ENTITLED TO CONTINUED ENROLLMENT UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. IT WAS SUBSEQUENTLY DISCOVERED THAT MR. IT APPEARS THAT HE IS APPROXIMATELY SIX MONTHS SHORT OF MEETING THE FIVE-YEAR REQUIREMENT.

B-168611, FEB. 3, 1970

CIVIL PAY--HEALTH BENEFIT COVERAGE AFTER RETIREMENT--ADMINISTRATIVE ERROR LETTER TO POSTMASTER, NEW YORK CITY CONCERNING RECENTLY RETIRED EMPLOYEE'S RIGHT TO HEALTH BENEFITS PROGRAM COVERAGE AFTER ADMINISTRATIVE ERROR. AN EMPLOYEE WHO WHEN HE RETIRED WAS ADVISED THAT HE WAS ENTITLED TO CONTINUED COVERAGE IF THE HEALTH BENEFITS WHEN IN FACT HE WAS 6 MONTHS SHORT OF MEETING 5-YEAR REQUIREMENT MAY BE RESTORED TO DUTY TO CORRECT ADMINISTRATIVE ERROR. HOWEVER MATTER IS PRIMARILY FOR CONSIDERATION OF POST OFFICE AND CIVIL SERVICE COMMISSION.

TO MR. JOHN R. STRACHAN:

WE REFER TO YOUR LETTER OF JANUARY 18, 1970 (YOUR FILE P:E:W:FLW), CONCERNING THE SITUATION OF MR. JOHN A. CHRISTIAN WHO RECENTLY RETIRED AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT. WE HAVE NO RECORD OF RECEIPT OF YOUR PRIOR LETTER OF DECEMBER 10, 1969.

WE UNDERSTAND THAT MR. CHRISTIAN WAS VOLUNTARILY RETIRED ON OCTOBER 31, 1969, AFTER 40 YEARS SERVICE IN THE NEW YORK CITY POST OFFICE. IT APPEARS THAT AN ADMINISTRATIVE ERROR WAS MADE INCIDENT TO HIS RETIREMENT IN CONSIDERING HIM ENTITLED TO CONTINUED ENROLLMENT UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. IT WAS SUBSEQUENTLY DISCOVERED THAT MR. CHRISTIAN DID NOT MEET THE REQUIREMENT OF HAVING BEEN ENROLLED IN A PLAN UNDER THE HEALTH BENEFITS PROGRAM "DURING THE FIVE YEARS OF SERVICE IMMEDIATELY PRECEDING HIS RETIREMENT." UNITED STATES CIVIL SERVICE COMMISSION FPM SUPP. 890-1, S-14-2--REQUIREMENTS FOR CONTINUING ENROLLMENT. IT APPEARS THAT HE IS APPROXIMATELY SIX MONTHS SHORT OF MEETING THE FIVE-YEAR REQUIREMENT. WE UNDERSTAND THAT MR. CHRISTIAN WAS NOT INFORMED OF THE ERROR UNTIL DECEMBER 1, 1969, AND THAT HE WOULD NOT HAVE FILED FOR RETIREMENT HAD HE KNOWN HE WOULD NOT BE COVERED FOR THE HEALTH BENEFITS. WE UNDERSTAND THAT MR. CHRISTIAN WISHES TO CANCEL HIS RETIREMENT AND BE RESTORED TO THE ROLLS OF THE POST OFFICE TO ESTABLISH ELIGIBILITY FOR CONTINUED ENROLLMENT UNDER THE HEALTH BENEFITS PROGRAM.

ON THE BASIS OF THE INFORMATION BEFORE US, WE WOULD INTERPOSE NO OBJECTION TO MR. CHRISTIAN'S RESTORATION TO DUTY TO CORRECT THE ERROR INVOLVED; HOWEVER, SUCH ACTION IS PRIMARILY A MATTER FOR THE CONSIDERATION OF THE POST OFFICE DEPARTMENT, THE EMPLOYING AGENCY, AND THE CIVIL SERVICE COMMISSION, THE AGENCY WHICH ADMINISTERS THE HEALTH BENEFITS PROGRAM AND THE CIVIL SERVICE RETIREMENT PROGRAM.