B-166180, APR. 21, 1969

B-166180: Apr 21, 1969

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PURSUANT THERETO WERE SEPARATED FROM THE SERVICE EFFECTIVE THAT DATE. WHEN YOU WERE CARRIED ON THE ROLLS OF THE BUREAU OF LABOR STATISTICS AS AN ASSISTANT FIELD AGENT WAS NOT CONSIDERED CREDITABLE SERVICE AND AS A RESULT YOU DID NOT MEET THE 30 YEARS SERVICE REQUIREMENT. AS STATED IN OUR SETTLEMENT THE DECISION OF THE COMMISSION AS TO WHAT IS CREDITABLE SERVICE IS NOT SUBJECT TO REVIEW BY THE EMPLOYING AGENCY OR BY OUR OFFICE. THE RETIREMENT ACTION WAS CANCELLED AND YOU REAPPLIED FOR RETIREMENT EFFECTIVE OCTOBER 4. YOU WERE CARRIED ON LEAVE WITHOUT PAY FOR THE PERIOD JUNE 1. ARE CLAIMING BACK PAY FOR THIS PERIOD. YOU WERE ADVISED THAT THE PERIOD OF SERVICE PREVIOUSLY MENTIONED WAS NOT CREDITABLE.

B-166180, APR. 21, 1969

TO MISS THERESA F. BUCCHIERI:

THIS REFERS TO YOUR LETTER OF JANUARY 15, 1969, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF JANUARY 10, 1969, WHICH DISALLOWED YOUR CLAIM FOR BACK PAY FOR THE PERIOD JUNE 1 THROUGH OCTOBER 3, 1968.

IT APPEARS FROM THE RECORD THAT YOU MADE APPLICATION FOR OPTIONAL RETIREMENT AS OF MAY 31, 1968 -- 30 YEARS OF CREDITABLE SERVICE AND 59 YEARS OF AGE -- AND PURSUANT THERETO WERE SEPARATED FROM THE SERVICE EFFECTIVE THAT DATE. THE CIVIL SERVICE COMMISSION FOUND THAT YOU DID NOT MEET THE CONDITIONS FOR OPTIONAL RETIREMENT ON THE DATE OF YOUR SEPARATION FOR THE REASON THAT A PERIOD OF SERVICE FROM DECEMBER 13, 1934, TO JULY 11, 1935, WHEN YOU WERE CARRIED ON THE ROLLS OF THE BUREAU OF LABOR STATISTICS AS AN ASSISTANT FIELD AGENT WAS NOT CONSIDERED CREDITABLE SERVICE AND AS A RESULT YOU DID NOT MEET THE 30 YEARS SERVICE REQUIREMENT. AS STATED IN OUR SETTLEMENT THE DECISION OF THE COMMISSION AS TO WHAT IS CREDITABLE SERVICE IS NOT SUBJECT TO REVIEW BY THE EMPLOYING AGENCY OR BY OUR OFFICE.

THE RETIREMENT ACTION WAS CANCELLED AND YOU REAPPLIED FOR RETIREMENT EFFECTIVE OCTOBER 4, 1968, WHEN YOU DID MEET THE REQUIREMENTS FOR OPTIONAL RETIREMENT -- 60 YEARS OF AGE WITH 20 OR MORE YEARS SERVICE. YOU WERE CARRIED ON LEAVE WITHOUT PAY FOR THE PERIOD JUNE 1, 1968, THROUGH OCTOBER 4, 1968, AND ARE CLAIMING BACK PAY FOR THIS PERIOD.

IN CORRESPONDENCE FROM THE COMMISSION DATED MARCH 13 AND APRIL 22, 1968, YOU WERE ADVISED THAT THE PERIOD OF SERVICE PREVIOUSLY MENTIONED WAS NOT CREDITABLE. THE PERSONNEL OFFICE AT THE DEPARTMENT OF LABOR WAS NOT ADVISED OF THIS DECISION EITHER BY YOU OR BY THE COMMISSION.

SINCE YOU INSTITUTED ACTION FOR VOLUNTARY RETIREMENT WITH THE KNOWLEDGE THAT A CERTAIN PERIOD OF TIME USED BY YOU IN COMPUTING THE 30 YEARS SERVICE WAS NOT ACCEPTABLE TO THE COMMISSION OR AT LEAST QUESTIONABLE AND SINCE YOU PERFORMED NO SERVICES DURING THE PERIOD YOU WERE CARRIED IN A LEAVE-WITHOUT-PAY STATUS, WE ARE UNAWARE OF ANY AUTHORITY TO COMPENSATE YOU FOR SUCH PERIOD UNDER THE BACK PAY STATUTE OR OTHERWISE.

ACCORDINGLY, THE ACTION TAKEN IN OUR SETTLEMENT OF JANUARY 10, 1969, IN DISALLOWING YOUR CLAIM IS SUSTAINED.

REGARDING YOUR REQUEST FOR A PERSONAL INTERVIEW, YOU ARE INFORMED THAT SETTLEMENT OF CLAIMS BEFORE OUR OFFICE ARE BASED UPON THE WRITTEN RECORD BEFORE US AND UNLESS ADDITIONAL EVIDENCE IS PRESENTED DURING THE INTERVIEW SUCH AN INTERVIEW WOULD BE INEFFECTIVE. HOWEVER, YOU ARE FREE TO CALL AT OUR OFFICE ANY TIME BETWEEN THE HOURS 9:00 A.M. AND 4:30 P.M., MONDAY THROUGH FRIDAY.

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