[Advisory Legal Opinions to MSPB]

B-215903, JUN 26, 1985, OFFICE OF GENERAL COUNSEL

MERIT SYSTEMS PROTECTION BOARD - REVIEW AUTHORITY - BACKPAY/BENEFITS DIGEST: GAO WILL NOT OBJECT TO THE MERIT SYSTEM PROTECTION BOARD'S (MSPB) ASSERTION OF JURISDICTION TO ADJUDICATE DISPUTES OVER BACKPAY AND BENEFITS TO WHICH AN EMPLOYEE MAY BE ENTITLED AS A RESULT OF MSPB DECISION CANCELLING AN ERRONEOUS PERSONNEL ACTION. WE WILL PROVIDE ADVISORY OPINIONS ON BACKPAY ISSUES TO THE MSPB ON REQUEST. IF WE RECEIVE A REQUEST FOR DECISION AND AN ENFORCEMENT PETITION IS PENDING BEFORE THE MSPB ON THE SAME MATTER, WE WILL DEFER TO THE BOARD'S JURISDICTION. THE ABSENCE OF A PENDING PETITION, WE WILL CONTINUE TO ISSUE BACKPAY DECISIONS AS APPROPRIATE.

EVANGELINE W. SWIFT, ESQ.: GENERAL COUNSEL U.S. MERIT SYSTEM PROTECTION BOARD WASHINGTON, D.C. 20419

THIS IS IN RESPONSE TO INQUIRIES MADE BY ALAN GREENWALD AND PAUL STREB OF YOUR STAFF, ORALLY AND BY LETTER OF JULY 20, 1984, AS TO WHETHER GAO WOULD BE WILLING TO PROVIDE ADVISORY OPINIONS TO THE MSPB ON LEGAL ISSUES INVOLVING BACKPAY AND BENEFITS TO WHICH EMPLOYEES MAY BE ENTITLED AS A CONSEQUENCE OF A DECISION OF THE MSPB.

WE HAVE CONSIDERED THIS REQUEST AND AGREE TO PROVIDE ADVISORY OPINIONS WHERE OTHERWISE APPROPRIATE. IN ADDITION, IF WE RECEIVE A REQUEST FOR A DECISION ON A BACKPAY ISSUE AND A PETITION FOR ENFORCEMENT IS PENDING BEFORE THE MSPB ON THE SAME MATTER, WE WILL DEFER TO YOUR JURISDICTION. IN THE ABSENCE OF A PENDING PETITION FOR ENFORCEMENT, WE WILL ISSUE A DECISION IF OTHERWISE APPROPRIATE.

WE SEE NO NEED FOR DETAILED PROCEDURES AT THIS TIME AND PREFER TO HANDLE ANY ISSUES OR PROBLEMS AS THE NEED ARISES ON A CASE-BY-CASE BASIS.