5 C.F.R. § 550.801
Applicability
(a) This subpart contains regulations of the Office of Personnel Management to carry out section 5596 of title 5, United States Code, which authorizes the payment of back pay, interest, and reasonable attorney fees for the purpose of making an employee financially whole (to the extent possible) when, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance), the employee is found by an appropriate authority to have been affected by an unjustified or unwarranted personnel action that resulted in the withdrawal, reduction, or denial of all or part of the pay, allowances, and differentials otherwise due to the employee. This subpart should be read together with this section of law.
(b) This subpart does not apply to any reclassification action.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1972–2022 · leading case: Athey v. United States, 908 F.3d 696 (Fed. Cir. 2018).
Athey v. United States, 908 F.3d 696 (Fed. Cir. 2018). “1, 1981) ; see 5 C.F.R. § 550.801 (1981). The court also noted that the 1981 regulations defined "pay" broadly as "monetary and employment benefits to which an employee is entitled by statute or regulation by virtue of the performance of a Federal function.”
Leon H. White v. Warren M. Bloomberg, Postmaster, United States Post Off. Dep't to Be Known as the United States Postal Serv., 501 F.2d 1379 (4th Cir. 1974). “' 25 Pursuant to 5596(c), the Civil Service Commission has prescribed such regulations which are found in 5 CFR 550.801, .802, .803 and .804. The regulations provide, in 550.”
Gonzalez v. Dep't of Transp., 551 F.3d 1372 (Fed. Cir. 2009). “See 5 C.F.R. § 550.801 et seq. If the Back Pay Act is not a necessary basis for the Board’s award of back pay, this suggests the Board is free to disregard OPM’s regulations and award back pay subject to some undefined, broad pie- *1379 nary power to award back pay inherent in §…”
Pender v. Dist. of Columbia, 430 A.2d 513 (D.C. 1981). “See 5 C.F.R. §§ 550.801 -.805 (1977). The Back Pay Act then applied to personnel actions by "the government of the District of Columbia.”
Mendoza v. United States, 87 Fed. Cl. 331 (Fed. Cl. 2009). “101 (a); see also 5 C.F.R. § 550.801 . If OPM decides that plaintiffs were federal employees, it may also decide what, if any, benefits they are entitled to receive.”
Robert A. Athey v. the United States 9, 108 Fed. Cl. 617 (Fed. Cl. 2013). “” See 5 C.F.R. 550.801 (1981); 46 Fed.Reg. 58271 (Dec.”
Jeanne M. Murray v. Robert L. Kunzig, Adm'r, Gen. Servs., 462 F.2d 871 (D.C. Cir. 1972). “§ 5596 (1970) (See 5 C.F.R. § 550.801 ), has expressly provided that administrative review by the *882 Civil Service Commission shall not inflict irreparable harm upon an employee who is found to have “undergone an unjustified or unwarranted personnel action.”
Markey v. United States, 27 Fed. Cl. 615 (Fed. Cl. 1993). “The regulations implementing the Back Pay Act are found at 5 C.F.R. § 550.801 . The EEOC’s regulations pertaining to backpay are found at 29 C.”
Earl R. Brees v. Robert E. Hampton, Individually & as Chairman of the United States Civil Serv. Comm'n, 877 F.2d 111 (D.C. Cir. 1989). “Regulations promulgated under this section authorized an agency to grant back pay if it determined that a personnel action was “unjustified” or “unwarranted,” 5 C.F.R. §§ 550.801 (b), 550.803(a) (1971).”
Smith v. Brady, 744 F. Supp. 925 (N.D. Cal. 1990). “The regulations implementing the Back Pay Act are issued by the Office of Personnel Management and are found at 5 C.F.R. § 550.801 et seq. (1990). Those regulations define an “appropriate authority” for purposes of the statute as “an entity having authority in the case at hand…”
Tarpley v. Dist. of Columbia, 342 A.2d 14 (D.C. 1975). “§ 5596 (1970), and upon the regulations applicable to that section contained in 5 C.F.R. § 550.801 et seq. (1974), which provide: § 550.”
Knuckles v. Bolger, 490 F. Supp. 1291 (E.D. Mo. 1980). “The conditions and limitations on such an award are similar to those contained in 5 C.F.R. §§ 550.801 et seq., implementing the Back Pay Act.”
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