B-136412, JUL. 30, 1958
Highlights
THE BASIC PURPOSE OF THE PROPOSED AMENDMENTS ARE (1) TO PROVIDE FULL SERVICE CREDIT FROM DATE OF DISCHARGE AFTER MILITARY SERVICE AND ACTUAL RESTORATION TO CIVILIAN DUTY. SO THAT AN EMPLOYEE WHO EXERCISES HIS RESTORATION OR REEMPLOYMENT RIGHTS AND OTHERWISE COMPLIES WITH THE TERMS OF THE STATUTE IS ENTITLED TO CREDIT FOR THE ENTIRE PERIOD FOR STEP INCREASES. (2) TO PROVIDE FOR A RECREDIT OF ANNUAL OR SICK LEAVE TO THE EMPLOYEE'S LEAVE ACCOUNT WHERE HE IS REEMPLOYED WITHIN 52 CALENDAR WEEKS OR HE IS RESTORED. THAT THERE IS A DISCREPANCY IN THE LETTER DESIGNATIONS OF THE SUBPARAGRAPHS OF SECTION 25.11 AS APPEARING IN THE FEDERAL PERSONNEL MANUAL AND THE CODE OF FEDERAL REGULATIONS.
B-136412, JUL. 30, 1958
TO HONORABLE HARRIS ELLSWORTH, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:
ON JUNE 5, 1958, YOU REQUESTED OUR VIEWS ON CERTAIN PROPOSED AMENDMENTS TO SECTIONS 25.11 (E) (6) AND 30.704 OF THE CIVIL SERVICE REGULATIONS.
THE REGULATIONS IN QUESTION PERTAIN TO CERTAIN REQUIREMENTS AND BENEFITS CONTAINED IN SECTION 9 OF THE UNIVERSAL MILITARY TRAINING AND SERVICE ACT, 50 U.S.C. APP. 459, SECTION 262 OF THE ARMED FORCES RESERVE ACT OF 1952, 50 U.S.C. 1013 AND REGULATIONS IN PART 35, Z1 377, FEDERAL PERSONNEL MANUAL.
THE BASIC PURPOSE OF THE PROPOSED AMENDMENTS ARE (1) TO PROVIDE FULL SERVICE CREDIT FROM DATE OF DISCHARGE AFTER MILITARY SERVICE AND ACTUAL RESTORATION TO CIVILIAN DUTY, OR TERMINATION AND EXERCISE OF CIVILIAN REEMPLOYMENT RIGHTS, SO THAT AN EMPLOYEE WHO EXERCISES HIS RESTORATION OR REEMPLOYMENT RIGHTS AND OTHERWISE COMPLIES WITH THE TERMS OF THE STATUTE IS ENTITLED TO CREDIT FOR THE ENTIRE PERIOD FOR STEP INCREASES, LEAVE RATE ACCRUALS, AND RETIREMENT; (2) TO PROVIDE FOR A RECREDIT OF ANNUAL OR SICK LEAVE TO THE EMPLOYEE'S LEAVE ACCOUNT WHERE HE IS REEMPLOYED WITHIN 52 CALENDAR WEEKS OR HE IS RESTORED; AND (3) TO ELIMINATE ANY INEQUITY OR PENALTY WHERE THE EMPLOYEE HAS MET ALL THE REQUIREMENTS OF THE LAW AND REGULATIONS BUT THE AGENCY FAILS TO RESTORE HIM WITHIN THE TIME LIMITS PRESCRIBED IN THE LAW AND REGULATIONS. ENTITLEMENT TO THE PROPOSED ENLARGED RIGHTS STILL WOULD BE SUBJECT TO TIMELY APPEALS TO THE COMMISSION UNDER SECTIONS 35.6 (A) (3) AND 35.6 (A) (6) OF THE REGULATIONS.
SO FAR AS NOW APPEARS WE SEE NO OBJECTION TO THE PROPOSED AMENDMENTS.
WE SHOULD LIKE TO POINT OUT, HOWEVER, THAT THERE IS A DISCREPANCY IN THE LETTER DESIGNATIONS OF THE SUBPARAGRAPHS OF SECTION 25.11 AS APPEARING IN THE FEDERAL PERSONNEL MANUAL AND THE CODE OF FEDERAL REGULATIONS. WOULD APPEAR THAT THE ISSUANCE OF THE PROPOSED AMENDMENTS WOULD PROVIDE AN OPPORTUNITY TO CORRECT THAT DISCREPANCY.