What to do if my agency didn’t pay annual leave lump sum in accordance with OPM rules?

0
0

I retired on December 31, 2016. I retired with 440 hours of annual leave. On my final LES, I was paid the entire amount of annual leave at the 2016 pay rate. They stated that since I was not on the payroll on the effective date of the pay raise I’m not entitled to be paid at the new rate.

Moderator edit: Is the agency at fault, and if so what recourse is there?

Blocked by moderator
Posted by (Questions: 1, Answers: 1)
Asked on January 26, 2017 9:21 pm
1170 views
3
Private answer

Per 5 CFR 550.1204 (a) “A lump-sum payment must equal the pay an employee would have received had he or she remained in the Federal service until the expiration of the accumulated and accrued annual leave to the employee’s credit.” Since you had 440 hours of AL when you retired on 12/31/2016, any annual leave that would have extended beyond the new pay rate date should be paid at the higher rate. Contact your agency finance center and quote them chapter and verse and they can issue you what is referred to as an “out of system payment” meaning they should recalculate what you were paid with what you are due and pay you the difference with a paper check (since you are no longer in the system).

Blocked by moderator
Posted by (Questions: 0, Answers: 473)
Answered on January 26, 2017 10:20 pm

In response to moderator edit to question: Unfortunately, sometimes there are new employees in the finance center and they do not fully understand the rules. 5 CFR Part 550 can be found at the following link https://www.law.cornell.edu/cfr/text/5/part-550/subpart-L and the former employee should contact their finance center and request the recalculation. Their former agency might be willing to intercede on their behalf as it is an agency error and only the agency can correct it.

( at January 27, 2017 5:53 pm)
1
Private answer

I agree with Elaine. If worse comes to worse, you can always contact OPM and/or your representative in Congress. (Moderator edit: this however is a long shot and will likely lead to even more frustration. Your agency finance center is your best bet.)

Blocked by moderator
Posted by (Questions: 0, Answers: 74)
Answered on January 27, 2017 12:44 am
1
Private answer

I have contacted my agency and quoted them chapter and verse. They’ve referred me to my retirement counselor. They’ve referred me to OPM. Both OPM and my retirement counselor echo exactly what Elaine is saying. However, my agency refuses to act. What’s my next step?

Blocked by moderator
Posted by (Questions: 1, Answers: 1)
Answered on January 31, 2017 9:34 pm