B-174977(2), MAY 19, 1972

B-174977(2): May 19, 1972

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WAS AN UNWARRANTED PERSONNEL ACTION WITHIN THE MEANING OF SECTION 5596 OF TITLE 5. THAT YOU ARE ENTITLED TO BACK PAY FOR THE PERIOD DURING WHICH YOU WERE ERRONEOUSLY SEPARATED AND HAVE AUTHORIZED THE DEFENSE SUPPLY AGENCY TO EFFECT PAYMENT TO YOU OF THE ADDITIONAL AMOUNT FOUND DUE. REPEALED SECTION 115 OF THE SOCIAL SECURITY AMENDMENTS OF 1954 WHICH WAS THE PROVISION OF LAW UNDER WHICH YOUR SERVICE AS A TEMPORARY SUBSTITUTE EMPLOYEE OF THE POST OFFICE DEPARTMENT WAS EXCLUDED FROM CREDITABLE SERVICE FOR CIVIL SERVICE RETIREMENT PURPOSES.

B-174977(2), MAY 19, 1972

TO MR. VICTOR A. NIDERMAYER:

THIS REFERS TO YOUR APPEAL FROM THE SETTLEMENT OF OUR CLAIMS DIVISION DATED SEPTEMBER 28, 1971, DENYING YOUR CLAIM FOR BACK PAY FOR THE PERIOD APRIL 10, 1970, THROUGH MAY 30, 1970.

BY OUR DECISION OF TODAY TO THE CHIEF, ACCOUNTING AND FINANCE DIVISION, DEFENSE SUPPLY AGENCY, COPY ENCLOSED, WE FIND THAT YOUR SEPARATION FROM THE DEFENSE CONTRACTS ADMINISTRATION SERVICES REGION, NEW YORK, EFFECTIVE APRIL 10, 1970, WAS AN UNWARRANTED PERSONNEL ACTION WITHIN THE MEANING OF SECTION 5596 OF TITLE 5, UNITED STATES CODE. IN ACCORDANCE WITH THE PROVISION OF LAW WE FIND, FURTHER, THAT YOU ARE ENTITLED TO BACK PAY FOR THE PERIOD DURING WHICH YOU WERE ERRONEOUSLY SEPARATED AND HAVE AUTHORIZED THE DEFENSE SUPPLY AGENCY TO EFFECT PAYMENT TO YOU OF THE ADDITIONAL AMOUNT FOUND DUE.

WE NOTE THAT PUBLIC LAW 91-630, APPROVED DECEMBER 31, 1970, REPEALED SECTION 115 OF THE SOCIAL SECURITY AMENDMENTS OF 1954 WHICH WAS THE PROVISION OF LAW UNDER WHICH YOUR SERVICE AS A TEMPORARY SUBSTITUTE EMPLOYEE OF THE POST OFFICE DEPARTMENT WAS EXCLUDED FROM CREDITABLE SERVICE FOR CIVIL SERVICE RETIREMENT PURPOSES. UNDER PROVISIONS OF PUBLIC LAW 91-630, YOU APPARENTLY BECAME ENTITLED TO RETIREMENT CREDIT FOR THE POST OFFICE DEPARTMENT SERVICE; HOWEVER, ANY INCREASE IN ANNUITY RESULTING FROM THAT SERVICE WOULD BE PAYABLE ONLY FROM JANUARY 1, 1971. ALSO, THE LAW PROVIDES THAT, WITH RESPECT TO PERSONS RECEIVING BENEFITS UNDER THE CIVIL SERVICE RETIREMENT SYSTEM, A REQUEST IN WRITING SHOULD BE DIRECTED TO THE CIVIL SERVICE COMMISSION FOR APPLICATION OF ITS PROVISIONS TO THE RETIREE.