VA Employees Can Now Appeal When Government Demands Bonus Refunds
Published Date: 1/15/2025
Rule
Summary
If you work or used to work for the Department of Veterans Affairs and got an award, bonus, or help moving, this new rule lets you appeal if they ask you to pay some or all of that money back. Starting January 15, 2025, you can challenge these repayment orders through a clear process with the Office of Personnel Management. This gives VA employees a fair shot to keep their hard-earned rewards or relocation help.
Analyzed Economic Effects
7 provisions identified: 3 benefits, 2 costs, 2 mixed.
You can appeal VA bonus/award recoupment
If you are a current or former VA civil service employee, you may appeal an order to repay an award or bonus to the Director of the Office of Personnel Management (OPM). Appeals must be filed within seven business days after the VA issues the recoupment order, and OPM must issue a final decision within 30 business days after receiving the appeal.
You can appeal VA relocation expense recoupment
If you are a current or former VA civil service employee and the VA orders you to repay relocation expenses, you may appeal that order to OPM. Appeals must be filed within seven business days after the VA issues the recoupment order, and OPM must decide within 30 business days after receiving the appeal.
Tight filing deadlines and document rules
To appeal, you must file a written, signed appeal to OPM by U.S. mail (postmark) or email within seven business days of the VA's order and include specified documents (notice of proposed order, your response if any, the order, a statement why the order is in error, contact info, and the VA official's contact). OPM will base its decision on the written record only, will not hold formal hearings, and must receive its decision within 30 business days; VA must provide its evidence file no later than five business days after OPM's notice.
OPM review is procedural only, not merits-based
OPM's review on appeal is limited to whether VA followed its recoupment procedures or complied with 38 U.S.C. 721 (awards/bonuses) or 723 (relocation); OPM will not review the underlying disciplinary, adverse, or performance-based decisions, nor will it adjudicate discrimination or prohibited personnel practice claims.
OPM decisions are final with limited further review
OPM's decision on an appeal is final under 38 U.S.C. 721(b)(2) and 723(b)(2); there is no further administrative review within OPM and OPM will not provide an accompanying statement of appeal rights. The statute is silent on judicial review.
Coverage limited to current and former VA civil servants
This rule applies only to current or former VA employees appointed in the civil service under 5 U.S.C. 2105 or under title 38; it also covers employees who left VA by transfer, removal, resignation, or retirement. Contractor employees performing work for the VA are not covered by these appeal procedures.
Filing costs to employees are minimal
OPM estimates costs it will incur to process an appeal, but the rule says costs to VA employees filing appeals are minimal and generally limited to submitting existing documents and a short statement supporting the appeal.
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