B-180952, DEC 23, 1974

B-180952: Dec 23, 1974

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IS NOT ENTITLED TO RETIREMENT BENEFITS UNDER CIVIL SERVICE RETIREMENT SYSTEM NOR TO ADDITIONAL COMPENSATION FOR SERVICES SINCE HE WAS NOT COVERED BY RETIREMENT SYSTEM AND HE WAS PAID SEVERANCE PAY AS PROVIDED BY COLLECTIVE BARGAINING AGREEMENT. DELOS SANTOS - CLAIM FOR DISABILITY RETIREMENT BENEFITS AS FORMER EMPLOYEE OF DEPARTMENT OF NAVY: THIS ACTION IS A RECONSIDERATION OF SETTLEMENT CERTIFICATE NO. DELOS SANTOS WAS EMPLOYED BY THE UNITED STATES GOVERNMENT AND THAT HIS SERVICE COMPUTATION DATE IS SEPTEMBER 8. HE WAS GIVEN A 20 YEARS CERTIFICATE OF SERVICE AT THE U.S. DELOS SANTOS WAS SEPARATED FROM THE SERVICE ON AUGUST 14. THAT HE WAS NOT COVERED BY ANY RETIREMENT SYSTEM. THAT THE POSITION FROM WHICH HE WAS SEPARATED WAS THAT OF A WELDER JD# PWC 316-U.

B-180952, DEC 23, 1974

FORMER NON-CITIZEN NAVY EMPLOYEE IN PHILIPPINES, SEPARATED FROM SERVICE FOR DISABILITY, IS NOT ENTITLED TO RETIREMENT BENEFITS UNDER CIVIL SERVICE RETIREMENT SYSTEM NOR TO ADDITIONAL COMPENSATION FOR SERVICES SINCE HE WAS NOT COVERED BY RETIREMENT SYSTEM AND HE WAS PAID SEVERANCE PAY AS PROVIDED BY COLLECTIVE BARGAINING AGREEMENT; ALSO, CLAIM FOR EMPLOYEES' COMPENSATION SHOULD BE PURSUED WITH THE DEPARTMENT OF LABOR.

ANTONIO M. DELOS SANTOS - CLAIM FOR DISABILITY RETIREMENT BENEFITS AS FORMER EMPLOYEE OF DEPARTMENT OF NAVY:

THIS ACTION IS A RECONSIDERATION OF SETTLEMENT CERTIFICATE NO. Z 2497435, AUGUST 2, 1973, BY THE TRANSPORTATION AND CLAIMS DIVISION OF OUR OFFICE, DISALLOWING THE CLAIM OF MR. ANTONIO M. DELOS SANTOS FOR DISABILITY RETIREMENT BENEFITS UNDER THE UNITED STATES CIVIL SERVICE RETIREMENT SYSTEM AND FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE AS A RESULT OF MR. ANTONIO M. DELOS SANTOS' SEPARATION FROM THE SERVICE ON ACCOUNT OF DISABILITY.

THE RECORD SHOWS THAT MR. ANTONIO M. DELOS SANTOS WAS EMPLOYED BY THE UNITED STATES GOVERNMENT AND THAT HIS SERVICE COMPUTATION DATE IS SEPTEMBER 8, 1948. ON DECEMBER 22, 1969, HE WAS GIVEN A 20 YEARS CERTIFICATE OF SERVICE AT THE U.S. NAVY PUBLIC WORKS CENTER, SUBIC BAY, PHILIPPINES. THE RECORD FURTHER SHOWS THAT MR. ANTONIO M. DELOS SANTOS WAS SEPARATED FROM THE SERVICE ON AUGUST 14, 1970, ON ACCOUNT OF DISABILITY, THAT HE WAS NOT COVERED BY ANY RETIREMENT SYSTEM, AND THAT THE POSITION FROM WHICH HE WAS SEPARATED WAS THAT OF A WELDER JD# PWC 316-U.

AS A RESULT OF HIS SEPARATION, IT WAS FOUND ADMINISTRATIVELY THAT HE WAS ENTITLED TO 21 MONTHS SALARY AT PH 2.05 AS OF JUNE 30, 1969, AND 1 MONTH'S SALARY AT PH 2.32 AS OF JUNE 30, 1970, UNDER THE RETIREMENT PLAN BENEFITS PROVIDED FOR IN THE COLLECTIVE BARGAINING AGREEMENT OF JULY 28, 1969. LETTER DATED OCTOBER 16, 1972, MR. ANTONIO M. DELOS SANTOS ASKED THE TRANSPORTATION AND CLAIMS DIVISION TO REVIEW THE MATTER OF HIS SERVICE WITH THE UNITED STATES GOVERNMENT AND HIS ENTITLEMENT TO ANY ADDITIONAL COMPENSATION.

AFTER THE REQUEST AND RECEIPT OF AN ADMINISTRATIVE REPORT FROM THE NAVY REGIONAL FINANCE CENTER, WASHINGTON, D.C. 20371, OUR TRANSPORTATION AND CLAIMS DIVISION ISSUED THE CITED SETTLEMENT IN WHICH IT WAS FOUND THAT MR. ANTONIO M. DELOS SANTOS WAS NOT ENTITLED TO ANY DISABILITY RETIREMENT BENEFITS UNDER THE UNITED STATES CIVIL SERVICE RETIREMENT SYSTEM BECAUSE HE WAS NEVER COVERED UNDER THAT SYSTEM DURING THE ENTIRE PERIOD OF HIS EMPLOYMENT BY THE UNITED STATES GOVERNMENT. AS TO ANY CLAIM FOR EMPLOYEES' COMPENSATION, HE WAS ADVISED THAT ON NOVEMBER 13, 1972, THE MATTER WAS REFERED BY THE DEPARTMENT OF THE NAVY TO:

DEPARTMENT OF LABOR

OFFICE OF FEDERAL EMPLOYEES' COMPENSATION

1833 KALAKAUA AVENUE

ROOM 610

HONOLULU, HAWAII 96815

HE WAS FURTHER ADVISED THAT ANY INFORMATION CONCERNING THIS CLAIM SHOULD BE OBTAINED FROM THAT OFFICE.

BY LETTERS DATED JULY 11, 1974, AND AUGUST 1, 1974, MR. ANTONIO M. DELOS SANTOS AGAIN RAISED THE QUESTION WITH THIS OFFICE OF HIS CLAIM FOR DISABILITY COMPENSATION. WE HAVE TREATED THIS CORRESPONDENCE AS CONSTITUTING AN APPEAL TO THE SETTLEMENT OF THE TRANSPORTATION AND CLAIMS DIVISION OF AUGUST 2, 1973.

UPON REVIEW OF THE ENTIRE FILE AND SINCE NO NEW EVIDENCE HAS BEEN PRESENTED WITH THE CORRESPONDENCE OF JULY 11, 1974, AND AUGUST 1, 1974, WE FIND THAT THE SETTLEMENT BY OUR TRANSPORTATION AND CLAIMS DIVISION OF AUGUST 2, 1973, WAS CORRECT AND IT IS HEREBY SUSTAINED.