Employee Is Ineligible to Receive Civil Service Annuity because of Refusal to Waive Retired Military Pay

B-187891: Jun 3, 1977

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Shirley Jones
(202) 512-8156


Office of Public Affairs
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The claimant requested reconsideration of a settlement which disallowed his claim for backpay. Voluntary retirement of a civilian employee, subsequently restored because he refused to waive retired military pay to qualify for an annuity, is not an unjustified or unwarranted personnel action entitling him to backpay. Contrary to claimant's contention, the personnel office states that he was informed of the waiver requirement prior to separation. Disputes as to facts must be resolved in favor of the administrative office in the absence of sufficient evidence to the contrary.

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