Computation of Backpay Due Incident to Discriminatory Personnel Action

An advance decision was requested regarding the computation of the amount of backpay due an employee incident to the cancellation of a personnel action which terminated his services during probation. The employee was restored to duty after it was determined that the termination resulted from racial discrimination. The total interim earnings from private enterprise should be offset against the total Federal backpay otherwise due even though this would result in no backpay payment. The interim earnings could not be computed and setoff on a pay period by pay period basis to reduce the effect of the interim earnings. The lump-sum payment for annual leave may not be considered for waiver under 5 U.S.C. 5584 since the payment was proper when made, and there was no authority to waive payment of the retirement deductions on the amount of Federal pay that would have been earned during the period of separation.