B-166696, MAY 27, 1969
Highlights
DOWNING: REFERENCE IS MADE TO THE CLAIM YOU SUBMITTED TO OUR OFFICE OCTOBER 13. DURING THE PERIOD IN QUESTION YOU WERE APPARENTLY WORKING FOR AND UNDER THE SUPERVISION OF THE DEPARTMENT OF THE NAVY BUT RECEIVED PAY FROM A CONTRACTOR OF THAT DEPARTMENT. INDIVIDUALS EMPLOYED BY THE DEPARTMENT OF THE NAVY IN THAT MANNER HAVE BEEN GRANTED CIVIL SERVICE RETIREMENT CREDIT FOR THE PERIODS THEY WERE SO EMPLOYED. SINCE YOU WERE EMPLOYED BY THE DEPARTMENT OF THE NAVY DIRECTLY ON AUGUST 16. YOU WERE ENTITLED TO AND RECEIVED A LUMP-SUM PAYMENT FOR THE ANNUAL LEAVE TO YOUR CREDIT AT THE TIME OF SUCH SEPARATION AS SPECIFIED BY THE ACT OF DECEMBER 21. PROVIDES THAT ANY CLAIM WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT FIRST ACCRUED IS BARRED.
B-166696, MAY 27, 1969
TO MR. KENNETH W. DOWNING:
REFERENCE IS MADE TO THE CLAIM YOU SUBMITTED TO OUR OFFICE OCTOBER 13, 1968, FOR ADDITIONAL ANNUAL AND SICK LEAVE INCIDENT TO YOUR EMPLOYMENT UNDER THE DEPARTMENT OF THE NAVY BETWEEN MAY 4, 1942, AND AUGUST 13, 1943.
DURING THE PERIOD IN QUESTION YOU WERE APPARENTLY WORKING FOR AND UNDER THE SUPERVISION OF THE DEPARTMENT OF THE NAVY BUT RECEIVED PAY FROM A CONTRACTOR OF THAT DEPARTMENT. IN ACCORDANCE WITH THE DETERMINATION OF THE CIVIL SERVICE COMMISSION UNDER THE DECISION OF THIS OFFICE DATED JULY 11, 1952, 32 COMP. GEN. 18, INDIVIDUALS EMPLOYED BY THE DEPARTMENT OF THE NAVY IN THAT MANNER HAVE BEEN GRANTED CIVIL SERVICE RETIREMENT CREDIT FOR THE PERIODS THEY WERE SO EMPLOYED. OUR FILE IN YOUR CASE SHOWS THAT YOU DID NOT OBTAIN RETIREMENT CREDIT FOR THE SERVICE IN QUESTION UNTIL SEPTEMBER 28, 1967.
SINCE YOU WERE EMPLOYED BY THE DEPARTMENT OF THE NAVY DIRECTLY ON AUGUST 16, 1943, AND SEPARATED FROM THAT EMPLOYMENT NOVEMBER 8, 1946, YOU WERE ENTITLED TO AND RECEIVED A LUMP-SUM PAYMENT FOR THE ANNUAL LEAVE TO YOUR CREDIT AT THE TIME OF SUCH SEPARATION AS SPECIFIED BY THE ACT OF DECEMBER 21, 1944, 58 STAT. 845. THUS, YOUR CLAIM FOR THE PAYMENT YOU NOW SEEK AROSE NOVEMBER 8, 1946.
THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, COPY ENCLOSED, PROVIDES THAT ANY CLAIM WHICH IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT FIRST ACCRUED IS BARRED. IN THAT CONNECTION WE NOTE THAT THE FACT THAT YOU RECEIVED CIVIL SERVICE RETIREMENT CREDIT FOR THE PERIOD IN QUESTION IN 1967 IS NOT A BASIS FOR OUR HOLDING THAT YOUR CLAIM ACCRUED ON SUCH LATER DATE. WE NOTE FURTHER THAT THE LEGAL RIGHTS OF PERSONS EMPLOYED IN POSITIONS SUCH AS THAT WHICH YOU HELD WERE WELL ESTABLISHED IN 1952 AT THE TIME THE DECISION 32 COMP. GEN. 18 WAS RENDERED. WE HAVE NO AUTHORITY TO CONSIDER A CLAIM WHICH IS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.
FOR THE REASONS STATED YOUR CLAIM FOR THE BENEFITS OF LEAVE WHICH MAY HAVE ACCRUED TO YOU DURING THE PERIOD MAY 4, 1942, THROUGH AUGUST 13, 1943, WHILE YOU WERE EMPLOYED UNDER THE DEPARTMENT OF THE NAVY, IS BARRED AND MAY NOT PROPERLY BE CONSIDERED BY US. ..END :