Note: This article is to be used only in conjunction with the primary article entitled:
"Personnel Actions - Authority to Set Retroactive Effective Dates for Payment of Back Pay"
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If |
And |
And |
Then |
Reference |
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The delay was the result of an administrative or a clerical error.
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The error happened after the approving official (i.e., the appointing officer or his or her written designee) authorized the personnel action or otherwise showed the agency's intention to carry out the action.
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A retroactive effective date is possible.
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B-168683
B-183960
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The delay was the result of an administrative or a clerical error.
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The error happened before the approving official authorized the intended personnel action.
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The error deprives the employee of a right granted by a law, Executive Order, or regulation.
or
The error precludes carrying out a nondiscretionary (i.e., mandatory or required) administrative regulation or policy or collective bargaining agreement provision.
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A retroactive effective date is possible.
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B-181223
B-183061
B-216605 |
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The delay occurred before the approving official authorized the personnel action. |
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The employee is not deprived of a right granted by a law, Executive Order, or regulation.
and
There is no administrative regulation or policy or collective bargaining agreement provision that requires the action within a specific time.
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A retroactive effective date is not legally permissible.
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B-214203
B-190408
B-192455 |
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The delay was unavoidable or the result of the employee's own act.
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A retroactive effective date is not legally permissible.
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B-184817 |