Federal Manager's Daily Report

The Merit Systems Protection Board recently split over

whether a former Internal Revenue Service Tax Examining

Assistant involuntarily retired after the agency issued

a notice proposing her removal for failing to perform

critical elements of her position.

After the assistant retired following the removal proposal,

the assistant filed an appeal alleging that she had

involuntarily retired after agency officials told her that

if she did not voluntarily retire, she would be terminated

and lose benefits. An administrative law judge agreed,

finding her retirement involuntary, and the agency appealed

to the Board. Though retirement is typically not subject

to Board review because it is presumed voluntary, MSPB may

hear such a case if the employee demonstrates the decision

to retire was the product of agency supplied misinformation.

One Board member found the assistant’s allegations

sufficient to demonstrate she had been misled by the agency,

and the other found that because her decision to retire was

voluntary in the face of her allegedly poor performance,

the Board could not hear her appeal.

The full text of the decision can be found here: