B-113032, DEC. 20, 1965

B-113032, DEC. 20, 1965

TO MR. FRITZ A. KOERNER:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED IN OUR OFFICE OCTOBER 19, 1965, IN WHICH YOU QUESTION THE PROPRIETY OF THE VIEWS STATED IN OUR LETTER OF OCTOBER 14, 1965, B-113032, WHEREIN WE POINTED OUT THAT BASED UPON THE RECORD BEFORE US OUR OPINION IS THAT YOU WERE NOT ENTITLED TO ACCRUE LEAVE DURING THE PERIOD JULY 7, 1941, TO JUNE 3, 1942, WHILE ASSIGNED TO THE WORKS PROJECT ROLLS.

YOU SAY THAT INASMUCH AS YOU WERE IN THE POSITION OF GENERAL SUPERINTENDENT YOU WERE AN ADMINISTRATIVE EMPLOYEE WHO RECEIVED OTHER THAN SECURITY OR PREVAILING WAGES AND, THEREFORE, WERE ENTITLED TO ACCRUE LEAVE. OUR RECORDS SHOW THAT DURING THE PERIOD IN QUESTION (JULY 7, 1941, TO JUNE 3, 1942) YOU WERE IN A FIELD POSITION WITH THE TITLE GENERAL SUPERINTENDENT, RECEIVING A SALARY OF $276.92 PER FOUR WEEK PERIOD, HAVING CHANGED FROM A JUNIOR ADMINISTRATIVE ASSISTANT RECEIVING $3,000 PER ANNUM. THIS INDICATES THAT YOU WERE A SUPERVISORY EMPLOYEE ENGAGED UPON A PROJECT AND PAID A PREVAILING WAGE FROM PROJECT FUNDS ON A MONTHLY BASIS. ACCORDINGLY, YOU WOULD NOT APPEAR TO HAVE AN ENTITLEMENT TO LEAVE FOR THE PERIOD IN QUESTION. SEE 19 COMP. GEN. 383, A COPY OF WHICH WAS FURNISHED YOU WITH OUR LETTER OF OCTOBER 14, 1965. YOU HAVE PRESENTED NO NEW EVIDENCE TO ESTABLISH THAT YOU WERE AN ADMINISTRATIVE EMPLOYEE RECEIVING OTHER THAN PREVAILING WAGES.

WE HAVE NOT OVERLOOKED THE FACT THAT THE CIVIL SERVICE COMMISSION HAS AUTHORIZED A CREDITING OF THE PERIOD IN QUESTION FOR RETIREMENT PURPOSES; THAT DETERMINATION, HOWEVER, DOES NOT CONTROL THE QUESTION OF THE CREDIT OF THE TIME FOR LEAVE PURPOSES.