B-43828, OCT 9, 1964
Highlights
WAS ABOLISHED SEPTEMBER 12. SHE WAS INFORMED BY THE CIVIL SERVICE COMMISSION THAT HER CLAIM WAS DISALLOWED BECAUSE THE CREDITABLE SERVICE TOTALED ONLY 19 YEARS. 19 DAYS (PART OF THE SERVICE CLAIMED NOT BEING CREDITABLE) AND BECAUSE HER PRESENT AGE IS 53. SHE WILL NOT BECOME ELIGIBLE FOR A RETIREMENT ANNUITY UNTIL SHE ATTAINS AGE 62. YOU ALSO SAY THAT: "HAD THE BOARD KNOWN THAT THIS HARDSHIP WOULD HAVE RESULTED. IT WOULD HAVE FIXED A LATER DATE FOR THE TERMINATION OF MRS. IT WAS NOT THE BOARD'S INTENTION TO PREJUDICE HER RIGHTS TO AN IMMEDIATE ANNUITY OR TO CURTAIL HER RIGHTS TO FEDERAL EMPLOYEES GROUP LIFE INSURANCE OR HEALTH BENEFITS. MORMAN HAS BEEN AN EXCELLENT EMPLOYEE AND THE ONLY REASON FOR THE ABOLISHMENT OF HER POSITION WAS TO REDUCE ADMINISTRATIVE EXPENSES BY REDISTRIBUTION OF HER DUTIES IN THE INTEREST OF A MORE ECONOMICAL OPERATION.
B-43828, OCT 9, 1964
TO THE HONORABLE FRANCIS A. CHERRY, CHAIRMAN, SUBVERSIVE ACTIVITIES CONTROL BOARD:
YOUR LETTER OF OCTOBER 1, 1964, WITH ENCLOSURE, REQUESTS OUR DECISION WHETHER THE SEPARATION DATE OF SEPTEMBER 12, 1964, OF MRS. MARY N. MORMAN MAY BE CHANGED TO A LATER DATE.
YOU SAY THAT MRS. MORMAN'S POSITION OF PERSONNEL OFFICER, GRADE GS 12, WAS ABOLISHED SEPTEMBER 12, 1964, AND THAT THE NOTICE TO HER OF SUCH ACTION DATED JULY 29, 1964, INFORMED HER SHE HAD 22 YEARS, 4 MONTHS, AND 28 DAYS OF SERVICE FOR RETENTION PURPOSES. HOWEVER, WHEN MRS. MORMAN APPLIED FOR RETIREMENT BASED ON 20 YEARS SERVICE, SHE WAS INFORMED BY THE CIVIL SERVICE COMMISSION THAT HER CLAIM WAS DISALLOWED BECAUSE THE CREDITABLE SERVICE TOTALED ONLY 19 YEARS, 11 MONTHS, AND 19 DAYS (PART OF THE SERVICE CLAIMED NOT BEING CREDITABLE) AND BECAUSE HER PRESENT AGE IS 53. AS A RESULT, SHE WILL NOT BECOME ELIGIBLE FOR A RETIREMENT ANNUITY UNTIL SHE ATTAINS AGE 62. YOU ALSO SAY THAT:
"HAD THE BOARD KNOWN THAT THIS HARDSHIP WOULD HAVE RESULTED, IT WOULD HAVE FIXED A LATER DATE FOR THE TERMINATION OF MRS. MORMAN'S EMPLOYMENT. IT WAS NOT THE BOARD'S INTENTION TO PREJUDICE HER RIGHTS TO AN IMMEDIATE ANNUITY OR TO CURTAIL HER RIGHTS TO FEDERAL EMPLOYEES GROUP LIFE INSURANCE OR HEALTH BENEFITS. MRS. MORMAN HAS BEEN AN EXCELLENT EMPLOYEE AND THE ONLY REASON FOR THE ABOLISHMENT OF HER POSITION WAS TO REDUCE ADMINISTRATIVE EXPENSES BY REDISTRIBUTION OF HER DUTIES IN THE INTEREST OF A MORE ECONOMICAL OPERATION.
"IN VIEW OF ALL THE CIRCUMSTANCES, THE BOARD WOULD LIKE TO AMEND ITS PRIOR ACTION SHOWING MRS. MORMAN'S POSITION ABOLISHED AS OF THE CLOSE OF BUSINESS SEPTEMBER 12, 1964, AND TO SHOW RETIREMENT, POSITION ABOLISHED, AT THE CLOSE OF BUSINESS SEPTEMBER 23, 1964. IF YOUR OFFICE APPROVES OF THE BOARD'S CORRECTING THIS ACTION TO SHOW THE LATTER DATE AS THE EFFECTIVE DATE OF MRS. MORMAN'S SEPARATION FROM THE SERVICE, SHE WOULD BE CARRIED IN A LEAVE-WITHOUT-PAY STATUS FOR THE PERIOD SEPTEMBER 13 THROUGH SEPTEMBER 23, 1964. SHE WOULD ALSO BE ELIGIBLE TO APPLY FOR IMMEDIATE RETIREMENT BASED ON 20 YEARS CREDITABLE SERVICE AT AGE 53. * * *"
IT IS A LONG-ESTABLISHED RULE THAT ONCE AN EMPLOYEE'S SEPARATION IS AN ACCOMPLISHED FACT THE DATE OF SEPARATION MAY NOT BE CHANGED FOR THE PURPOSE OF RESTORING HIM TO THE ROLLS. HOWEVER, CERTAIN EXCEPTIONS HAVE BEEN PERMITTED WHERE THE SEPARATION DID NOT CONFORM TO THE INTENTION OF THE PARTIES. SEE B-150356, DECEMBER 12, 1962; B-131720, MAY 16, 1957. SINCE THE DATE OF MRS. MORMAN'S SEPARATION WAS FIXED UNDER A MISCONCEPTION AS TO HER RIGHTS UPON SEPARATION, WE HAVE NO OBJECTION TO RESTORING HER TO THE ROLLS IN A LEAVE WITHOUT PAY STATUS FOR THE REQUIRED 11 DAYS.