Claim for Readjustment of Leave Entitlement

An advance decision was requested as to the effect of the Foreign Service Act of 1980 on the leave entitlement of an employee who had prior service with Radio Free Europe. The Act allows retirement credit for service in any capacity with Radio Free Europe for 130 days or its equivalent per calendar year after July 1, 1946, if such service is not credited for benefits under any other retirement system and if the individual later becomes subject to coverage under the Civil Service Retirement Act. The employee's service with Radio Free Europe is creditable service for the purpose of determining his annual leave accrual category. Since the Foreign Service Act of 1980 did not take effect until February 15, 1981, the employee's service was not creditable service until that date, and the agency is only required to adjust the employee's annual leave account retroactive to that date. The enactment of the Foreign Service Act of 1980 affects the employee's leave entitlement only insofar as the crediting of his service with Radio Free Europe places him in a higher leave earning category on or after February 15, 1981.