Disability Retirement and Reemployment

B-191495: Apr 10, 1978

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A decision was requested concerning the employment of an employee who retired on disability, recovered, and was reemployed. The employee elected part-time duty rather than full-time on the alleged advice of a personnel specialist that his annuity would be computed as though he were full time. Although the advice may have been erroneous, returning to work either full-time or part-time would have been proper within agency discretion. However, the government is not bound by the erroneous acts of its agents, and retroactive correction to full-time duty cannot be made.