B-170885, JAN 14, 1971

B-170885: Jan 14, 1971

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UNDER SUCH CIRCUMSTANCES SHE IS NOT ENTITLED TO COMPENSATION UNDER 5 U.S.C. 652 BECAUSE TO RECOVER THERE UNDER EMPLOYEE MUST SHOW THAT HER SUSPENSION WAS UNWARRANTED OR UNJUSTIFIED. MILLER: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 15 AND OCTOBER 28. WHICH WERE FORWARDED TO OUR OFFICE FOR CONSIDERATION AND REPLY. WHILE YOU WERE EMPLOYED BY THE MAUMELLE ORDNANCE WORKS. YOU WERE GRANTED MATERNITY LEAVE. YOUR EMPLOYMENT WAS TERMINATED BY RESIGNATION. YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON JULY 2. IS BARRED AND MAY NOT BE ALLOWED IN ANY EVENT. PROVIDED FOR PAYMENT OF COMPENSATION TO AN EMPLOYEE WHO HAS BEEN REMOVED OR SUSPENDED FROM THE SERVICE AND WHO HAS BEEN RESTORED THERETO ON THE BASIS THAT SUCH REMOVAL OR SUSPENSION WAS UNWARRANTED OR UNJUSTIFIED.

B-170885, JAN 14, 1971

BACK PAY - VOLUNTARY RESIGNATION DENIAL OF CLAIM FOR BACK PAY OF FORMER EMPLOYEE OF MAUMELLE ORDNANCE WORKS, LITTLE ROCK, ARKANSAS, FOR THE PERIOD FROM SEPTEMBER 15, 1948, TO APRIL 23, 1970. CLAIMANT TERMINATED HER EMPLOYMENT BY RESIGNATION ON MARCH 7, 1947, AND LATER ASKED TO BE REINSTATED. UNDER SUCH CIRCUMSTANCES SHE IS NOT ENTITLED TO COMPENSATION UNDER 5 U.S.C. 652 BECAUSE TO RECOVER THERE UNDER EMPLOYEE MUST SHOW THAT HER SUSPENSION WAS UNWARRANTED OR UNJUSTIFIED.

TO MRS. LUCILLE G. MILLER:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 15 AND OCTOBER 28, 1970, TO THE PRESIDENT, WHICH WERE FORWARDED TO OUR OFFICE FOR CONSIDERATION AND REPLY. THE CORRESPONDENCE REQUESTS RECONSIDERATION OF OUR DISALLOWANCE OF YOUR CLAIM FOR BACK PAY FROM SPETEMBER 15, 1948, TO APRIL 23, 1970.

THE FILE SUBMITTED BY YOU INDICATES THAT, WHILE YOU WERE EMPLOYED BY THE MAUMELLE ORDNANCE WORKS, LITTLE ROCK, ARKANSAS, YOU WERE GRANTED MATERNITY LEAVE, EFFECTIVE SEPTEMBER 7, 1946. AT THE EXPIRATION OF YOUR LEAVE ON MARCH 7, 1947, YOUR EMPLOYMENT WAS TERMINATED BY RESIGNATION. YOU STATE THAT YOU ASKED TO BE REINSTATED ON SEPTEMBER 15, 1948, BUT TO NO AVAIL UP TO APRIL 23, 1970.

THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, REQUIRES THAT CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE BE RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIMS FIRST ACCRUED OR BE FOREVER BARRED. YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON JULY 2, 1970. THEREFORE, THAT PORTION OF YOUR CLAIM COVERING THE PERIOD PRIOR TO JULY 2, 1960, IS BARRED AND MAY NOT BE ALLOWED IN ANY EVENT.

THE ACT OF AUGUST 24, 1912, AS AMENDED, 5 U.S.C. 652 (1964 ED.) PROVIDED FOR PAYMENT OF COMPENSATION TO AN EMPLOYEE WHO HAS BEEN REMOVED OR SUSPENDED FROM THE SERVICE AND WHO HAS BEEN RESTORED THERETO ON THE BASIS THAT SUCH REMOVAL OR SUSPENSION WAS UNWARRANTED OR UNJUSTIFIED. SIMILAR PROVISIONS NOW APPEAR AT 5 U.S.C. 5596.

THE RECORD SHOWS THAT YOU RESIGNED YOUR POSITION AND HAD NO REEMPLOYMENT RIGHTS. THE STATUTORY PROVISIONS CITED, THEREFORE, ARE NOT APPLICABLE, AND WE ARE AWARE OF NO OTHER AUTHORITIES UNDER WHICH YOUR CLAIM MIGHT BE CONSIDERED. SEE DECISIONS OF NOVEMBER 1, 1965, AND AUGUST 15, 1969, B- 153136, COPIES ENCLOSED. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR BACK PAY IS SUSTAINED.

REGARDING CLAIM FOR A PENSION WHICH YOU ALSO ASSERT, WE MUST ADVISE THAT WE HAVE NO JURISDICTION IN THE MATTER SINCE 5 U.S.C. 8347 PROVIDES THAT THE CIVIL SERVICE COMMISSION SHALL ADMINISTER CIVIL SERVICE RETIREMENT AND ADJUDICATE ALL CLAIMS THEREUNDER. HOWEVER, IT WOULD APPEAR THAT YOU WOULD HAVE NO RIGHT TO AN ANNUITY SINCE YOU HAVE NOT BEEN RESTORED TO GOVERNMENT SERVICE.