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B-69965, FEB. 19, 1964

B-69965 Feb 19, 1964
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YOU ARE ALSO CLAIMING $98.70 REPRESENTING AN AMOUNT DEDUCTED FROM YOUR CIVIL SERVICE ANNUITY CHECK BECAUSE OF EXCESS LEAVE AS AN EMPLOYEE OF THE LIBRARY OF CONGRESS. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF MAY 27. THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR DECISION OF DECEMBER 18. SETTING OUT IN DETAIL WHY YOU WERE NOT ENTITLED TO ANY ADDITIONAL MONIES ALLEGED TO BE DUE. YOU ALLEGE THAT 18 DAYS OF ANNUAL LEAVE TO YOUR CREDIT WERE NOT TRANSFERRED FROM THE WAR DEPARTMENT TO THE GOVERNMENT PRINTING OFFICE UPON YOUR TRANSFER ON APRIL 16. IT WAS INDICATED IN THE NEXT TO THE LAST PARAGRAPH THAT THERE WAS A DELAY IN RECEIVING YOUR LEAVE RECORD FROM THE WAR DEPARTMENT. WHEN IT WAS RECEIVED WE ASSUME YOU WERE GIVEN CREDIT FOR THE PROPER LEAVE.

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B-69965, FEB. 19, 1964

TO MISS FLORENCE A. LEE:

THIS REFERS TO YOUR LETTER OF DECEMBER 3, 1963, ASKING THAT WE RECONSIDER YOUR CLAIM FOR COMPENSATION AND OTHER EMOLUMENTS ALLEGED TO BE DUE YOU IN CONNECTION WITH YOUR EMPLOYMENT WITH THE GOVERNMENT PRINTING OFFICE DURING THE PERIOD APRIL 16, 1943 TO NOVEMBER 9, 1945. BY LETTER OF JANUARY 2, 1964, YOU ARE ALSO CLAIMING $98.70 REPRESENTING AN AMOUNT DEDUCTED FROM YOUR CIVIL SERVICE ANNUITY CHECK BECAUSE OF EXCESS LEAVE AS AN EMPLOYEE OF THE LIBRARY OF CONGRESS.

YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF MAY 27, 1947, BECAUSE THE RECORD SHOWED THAT YOU HAD RECEIVED ALL MONIES DUE YOU AT THE TIME OF YOUR RESIGNATION FROM THE GOVERNMENT PRINTING OFFICE. UPON APPEAL OF YOUR CASE OUR OFFICE RENDERED DECISIONS B-69965, DATED DECEMBER 18, 1947, DECEMBER 5, 1958, AND JANUARY 19, 1959. THE FACTS IN YOUR CASE WERE FULLY SET FORTH IN OUR DECISION OF DECEMBER 18, 1947, TO YOU, SETTING OUT IN DETAIL WHY YOU WERE NOT ENTITLED TO ANY ADDITIONAL MONIES ALLEGED TO BE DUE. IT WOULD BE NEEDLESS REPETITION TO RESTATE THE CASE IN DETAIL HERE.

IN YOUR LETTER OF DECEMBER 3, 1963, YOU ALLEGE THAT 18 DAYS OF ANNUAL LEAVE TO YOUR CREDIT WERE NOT TRANSFERRED FROM THE WAR DEPARTMENT TO THE GOVERNMENT PRINTING OFFICE UPON YOUR TRANSFER ON APRIL 16, 1943. THE RECORD SHOWS THAT AT THE TIME OF YOUR TRANSFER YOU HAD 18 DAYS, 1 HOUR AND 45 MINUTES ACCRUED ANNUAL LEAVE TO YOUR CREDIT. IN OUR DECISION OF DECEMBER 18, 1947, TO YOU, IT WAS INDICATED IN THE NEXT TO THE LAST PARAGRAPH THAT THERE WAS A DELAY IN RECEIVING YOUR LEAVE RECORD FROM THE WAR DEPARTMENT. WHEN IT WAS RECEIVED WE ASSUME YOU WERE GIVEN CREDIT FOR THE PROPER LEAVE. YOU RECEIVED A LUMP-SUM LEAVE PAYMENT FOR ACCRUED LEAVE TO YOUR CREDIT AT THE TIME OF YOUR SEPARATION FROM THE GOVERNMENT PRINTING OFFICE, AND NO QUESTION WAS RAISED AT THAT TIME AS TO THE ANNUAL LEAVE TRANSFERRED FROM THE WAR DEPARTMENT.

CONCERNING YOUR CLAIM FOR $98.70 REPRESENTING AN AMOUNT DEDUCTED FROM YOUR RETIREMENT CHECK BECAUSE OF EXCESS LEAVE AS AN EMPLOYEE OF THE LIBRARY OF CONGRESS, THE INFORMATION OF RECORD SHOWS THAT ON JANUARY 9, 1961, THE BEGINNING OF THE LEAVE YEAR IN THE LIBRARY OF CONGRESS, YOU HAD A CARRYOVER OF 0 HOURS ANNUAL LEAVE AND A MINUS 55 HOURS SICK LEAVE RESULTING FROM AN ADVANCE OF SICK LEAVE GRANTED DURING THE 1960 LEAVE YEAR. IN A RECENT VISIT TO OUR OFFICE YOU EXPRESSED YOUR CONCERN OVER THE CANCELLATION OF SOME OF YOUR PAY CHECKS BETWEEN THE PERIOD JANUARY AND JULY 1961.

ON MARCH 21, 1961, YOU WERE GRANTED AN EMERGENCY LEAVE OF ABSENCE TO MAKE A TRIP TO NORTH DAKOTA. AT THE TIME YOU LEFT YOU INDICATED THAT YOU WOULD COMMUNICATE WITH YOUR OFFICE TO LET THEM KNOW WHEN YOU WOULD RETURN. APRIL 10 THE ADMINISTRATIVE OFFICE RECEIVED A POSTAL CARD WHICH INDICATED YOU MIGHT RETURN SOON BUT GAVE NO SPECIFIC DATE. THE TIME AND LEAVE CLERK OF THE DIVISION IN WHICH YOU WORKED PLACED YOU ON ANNUAL LEAVE FOR THE PERIOD MARCH 21 TO MARCH 31 AND REPORTED THE ANNUAL LEAVE ON THE BIWEEKLY TIME AND ATTENDANCE REPORT. THE ASSISTANT CHIEF OF THE DIVISION ON APRIL 10 INFORMED THE PAYROLL UNIT TO CHANGE THE ANNUAL LEAVE TO LEAVE WITHOUT PAY AND TO CANCEL THE CHECK ($128.17) WHICH WAS NOT YET MAILED TO YOU, INASMUCH AS THE ANNUAL LEAVE HAD NOT BEEN ACCRUED AND YOUR DATE OF RETURN WAS NOT KNOWN. YOU WERE CARRIED IN A LEAVE-WITHOUT-PAY STATUS THROUGH APRIL 26 AND RETURNED TO DUTY ON APRIL 27. FOR MAY 2, 5, 8, 11, 12, AND JUNE 20 AND THE PERIODS MAY 16-26, AND MAY 29-JUNE 9, YOU WERE GRANTED LEAVE WITHOUT PAY SINCE YOU HAD NO ANNUAL OR SICK LEAVE TO YOUR CREDIT. ON JUNE 12 YOU DID NOT REPORT TO WORK AND WERE CHARGED 8 HOURS AWOL.

YOU WERE SUSPENDED FROM DUTY AT 2:15 P.M., ON JUNE 26, 1961, AFTER WORKING 5 HOURS ON THAT DAY, AND WERE REMOVED FROM THE ROLLS EFFECTIVE JULY 5, 1961. AT THE TIME OF YOUR SEPARATION YOU WERE INDEBTED TO THE GOVERNMENT FOR 25 HOURS EXCESS ANNUAL LEAVE AND 27 HOURS EXCESS SICK LEAVE OR A TOTAL OF 52 HOURS LEAVE. SINCE YOU WERE INDEBTED FOR 52 HOURS EXCESS LEAVE, WHICH AMOUNTED TO $109.20, THE 5 HOURS PAY DUE YOU FOR SERVICES RENDERED ON JUNE 26, AMOUNTING TO $10.50, WAS WITHHELD AND APPLIED AGAINST YOUR INDEBTEDNESS. THE REMAINDER OF YOUR INDEBTEDNESS OF $98.70 WAS SET OFF AGAINST YOUR RETIREMENT ACCOUNT. THE ADMINISTRATIVE OFFICE SAID THAT YOU WERE FURNISHED A COPY OF THE LIBRARY OF CONGRESS NOTIFICATION OF PERSONNEL ACTION WHICH SHOWED A "MINUS 52 HOURS" LEAVE.

SECTION 30.206 OF THE FEDERAL PERSONNEL MANUAL, PAGE 21-354, PROVIDES THAT IN THE CASE OF SEPARATION OF AN EMPLOYEE WHO IS INDEBTED FOR UNEARNED LEAVE IN A CASE SUCH AS YOURS, THE EMPLOYEE SHALL REFUND THE AMOUNT PAID HIM FOR THE PERIOD OF SUCH EXCESS LEAVE, OR DEDUCTION THEREFOR SHALL BE MADE FROM ANY SALARY DUE THE EMPLOYEE. ALSO, IN THE EVENT THE FINAL SALARY PAYMENT IS INSUFFICIENT TO SATISFY THE INDEBTEDNESS OF THE EMPLOYEE, THE RULE IS WELL-SETTLED THAT THE AMOUNT TO THE CREDIT OF A FORMER EMPLOYEE IN THE RETIREMENT FUND, WHEN PAYABLE, OR THE AMOUNT OF THE RETIREMENT ANNUITIES, WHEN PAYABLE, MAY BE APPLIED IN LIQUIDATION OF THE INDEBTEDNESS TO THE UNITED STATES. 21 COMP. GEN. 1000.

THEREFORE, SINCE $98.70 WAS WITHHELD FROM YOUR CIVIL SERVICE ANNUITY TO SATISFY YOUR INDEBTEDNESS TO THE GOVERNMENT, YOUR CLAIM MUST BE DISALLOWED.

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