Barbara Bower, CSC Docket No. 2026-2211

Appellant's argumentBarbara Bower, a former Executive Assistant 3 with the Department of State, requests that she be permitted to receive the maximum $15,000 payment for Supplemental Compensation on Retirement (SCOR).

BackgroundAs background, the appellant retired from State service, effective February 1, 2026. The appointing authority prepared a SCOR application for the appellant seeking a $7,243.28 SCOR payment. The appellant refused to sign, and the instant appeal followed.

Appellant's argumentOn appeal to the Civil Service Commission (Commission), the appellant states that the appointing authority did not provide her with detailed information, including N.J.A.C. 4A:6-3.3 (Computation of payment: State service), on how payments are calculated for paying out unused sick time. Specifically, she claims that during her retirement process, she was never told her sick time would be cut in half, and she was “robbed of receiving [her] full sick time benefit.” The appellant explains that she “started using up time as [she] felt [she] was entitled to it after working for [the] [S]tate for 40 years.” The appellant highlights email correspondence with the appointing authority. Specifically, in one exchange on February 29, 2024, the appellant asked:

What is the process of formula for paying for unused time? Is there a maximum dollar amount? Or do we get paid for all unused sick time or just vacation. I need to know the department[’]s policy on paying for any unused time, so I can plan accordingly and use up time that I might lose.

The appointing authority answered, “The sick time payout is processed by Civil Service, the maximum amount is $15,000.” In another exchange on February 13, 2025, the appellant asked, “How does it work with . . . Sick . . . Days? Am I entitled to all time currently on [the electronic Cost Accounting and Timesheet System] or will this year be prorated.” The appointing authority answered, “You will [be] paid . . . up to $15,000 for sick time.” The appellant notes that these emails do not mention sick time being cut in half, and “[h]ad [she] known this [she] would have never used up sick time, prior to [her] retirement.” Specifically, the appellant insists that had she been informed, she would not have used 26.29 days of sick leave during 2025, which would then have allowed her to receive the maximum $15,000 payment she was expecting. She maintains that it was not until she was presented with the SCOR application, following retirement, that she learned that SCOR is computed at the rate of one-half the employee’s daily rate of pay for each day of earned and unused accumulated sick leave at the effective date of retirement.

The appellant adds that she also questions the appointing authority’s use of a May 18, 1987 employment start date as she maintains her State employment began in March 1986.

BackgroundA review of the Personnel Management Information System indicates that the appellant began State service, effective March 1, 1986, as a Clerk Typist but resigned in good standing, effective July 25, 1986. Subsequently, she received an appointment with the State as a Technical Assistant 1 Commerce and Economic Development, effective May 18, 1987.

It is noted that the appointing authority was provided with an opportunity to respond, but it did not do so.

CONCLUSION

RuleN.J.S.A. 11A:6-19 provides that supplemental compensation shall be computed at the rate of one-half of the eligible employee’s daily rate of pay for each day of accumulated sick leave based upon the compensation received during the last year of employment prior to the effective date of retirement, but supplemental compensation shall not exceed $15,000.00. If an employee dies after the effective date of retirement but before payment is made, payment shall be made to the employee’s estate.

N.J.S.A. 11A:6-21 provides that an employee who has incurred or shall incur a break in service as a result of separation due to layoff shall be credited with sick leave accrued both before separation and after return to employment. An employee incurring a break in service for any other type of separation shall have sick leave computed only from the date of return to employment. See also N.J.A.C. 4A:6-3.2(a) (employees who incur a break in service due to resignation, retirement, or removal shall have sick leave computed for SCOR purposes only from the date of return to employment).

AnalysisInitially, it is noted that it is an employee’s responsibility to understand how their SCOR payment is calculated. Further, the appointing authority did not improperly advise the appellant as it indicated that the appellant was entitled to up to $15,000. That issue aside, in this matter, the appellant is effectively requesting that the Commission allow her to receive the maximum $15,000 SCOR payment because the appointing authority did not provide her with specific notice that SCOR is computed at the rate of one-half the employee’s daily rate of pay. The Commission cannot grant this relief. In this regard, since the provision governing the computation of SCOR is statutory, it cannot be relaxed by the Commission. Finally, pursuant to N.J.S.A. 11A:6-21, the appellant’s start date for State employment is May 18, 1987, as her July 25, 1986 resignation constitutes a break in service. Consequently, as there is no dispute that the appellant utilized the 26.29 days of sick leave she claims she would not have used if she had known how SCOR is computed, she is not entitled to any additional monies.

ORDER

Therefore, it is ordered that this appeal be denied.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.