B-143400, OCT. 27, 1961
Highlights
ADVISING YOU THAT YOU WERE NOT ENTITLED TO ACCRUAL OF LEAVE DURING THE PERIOD OF YOUR REMOVAL FROM SERVICE AS AN EMPLOYEE OF THE TREASURY DEPARTMENT. THE PERIOD INVOLVED IS FROM OCTOBER 17. PROVIDE THAT SETTLEMENTS OF OUR CLAIMS DIVISION WILL BE REVIEWED IN THE DISCRETION OF THE COMPTROLLER GENERAL UPON THE WRITTEN APPLICATION OF A CLAIMANT WHOSE CLAIM HAS BEEN SETTLED. YOU ARE ADVISED AS FOLLOWS. YOU WERE ALLOWED BACK PAY BY THE INTERNAL REVENUE SERVICE IN ACCORDANCE WITH OUR DECISION OF JULY 18. WAS CITED AS THE STATUTORY AUTHORITY FOR THE PAYMENT. SAID SECTION 6 (B) (1) PROVIDES THAT THE PERIOD OF REMOVAL OR SUSPENSION FOR WHICH PAYMENT IS THEREBY AUTHORIZED SHALL BE DEEMED TO BE SERVICE FOR ALL PURPOSES "EXCEPT THE ACCUMULATION OF LEAVE.'.
B-143400, OCT. 27, 1961
TO MRS. ARLENE K. BINNS:
ON SEPTEMBER 25, 1961, YOU REQUESTED US TO INFORM YOU CONCERNING YOUR RIGHT OF APPEAL FROM THAT PART OF OUR CLAIMS DIVISION'S SETTLEMENT OF JULY 11, 1961, ADVISING YOU THAT YOU WERE NOT ENTITLED TO ACCRUAL OF LEAVE DURING THE PERIOD OF YOUR REMOVAL FROM SERVICE AS AN EMPLOYEE OF THE TREASURY DEPARTMENT, INTERNAL REVENUE SERVICE, FOR WHICH YOU HAD BEEN PAID BACK PAY UNDER THE ACT OF JUNE 10, 1948 (PUBLIC LAW 623), 5 U.S.C. 652. THE PERIOD INVOLVED IS FROM OCTOBER 17, 1959, THROUGH JUNE 30, 1960.
OUR REGULATIONS CODIFIED AT TITLE 4, SECTION 32.1, CODE OF FEDERAL REGULATIONS, PROVIDE THAT SETTLEMENTS OF OUR CLAIMS DIVISION WILL BE REVIEWED IN THE DISCRETION OF THE COMPTROLLER GENERAL UPON THE WRITTEN APPLICATION OF A CLAIMANT WHOSE CLAIM HAS BEEN SETTLED. WE SHALL CONSIDER YOUR LETTER AS SUCH APPLICATION; AND YOU ARE ADVISED AS FOLLOWS.
YOU WERE ALLOWED BACK PAY BY THE INTERNAL REVENUE SERVICE IN ACCORDANCE WITH OUR DECISION OF JULY 18, 1960, B-143400, TO THE SECRETARY OF THE TREASURY, IN WHICH SECTION 6 (B) (1) OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948 (PUBLIC LAW 623), SUPRA, WAS CITED AS THE STATUTORY AUTHORITY FOR THE PAYMENT. SAID SECTION 6 (B) (1) PROVIDES THAT THE PERIOD OF REMOVAL OR SUSPENSION FOR WHICH PAYMENT IS THEREBY AUTHORIZED SHALL BE DEEMED TO BE SERVICE FOR ALL PURPOSES "EXCEPT THE ACCUMULATION OF LEAVE.' IN VIEW OF THAT EXPRESS PROVISION OF LAW, WHICH IS PROHIBITORY IN NATURE, WE HAVE NO ALTERNATIVE BUT TO HOLD THAT YOU MAY NOT BE CREDITED WITH LEAVE ACCRUAL FOR THE PERIOD OF YOUR REMOVAL.
UPON REVIEW, THE SETTLEMENT ACTION OF JULY 11, 1961, IN THE PARTICULARS HERE INVOLVED IS SUSTAINED.
UNDER THE PROVISIONS OF LAW CODIFIED AT TITLE 31, SECTION 74, UNITED STATES CODE, SETTLEMENTS OF THE GENERAL ACCOUNTING OFFICE, OR UPON REVIEW OF SUCH SETTLEMENTS, THE DECISIONS OF THE COMPTROLLER GENERAL, ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. THE FINALITY AND CONCLUSIVENESS THUS GIVEN AS TO THE EXECUTIVE BRANCH DOES NOT, OF COURSE, APPLY TO THE LEGISLATIVE AND JUDICIAL BRANCHES.
WE HAVE NO EXTRA COPIES OF THE LAWS AND REGULATIONS HEREIN MENTIONED WHICH ARE AVAILABLE FOR DISTRIBUTION; THEREFORE, WE MAY NOT COMPLY WITH YOUR REQUEST FOR SUCH COPIES.