A-83630, MARCH 15, 1937, 16 COMP. GEN. 854

A-83630: Mar 15, 1937

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IS AS FOLLOWS: REFERRING FURTHER TO THE ACCUMULATED RETIREMENT DEDUCTIONS DUE IN THE CASE OF CALLIE MARIE CHATHAM. RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED DECEMBER 1. WHICH REQUEST WAS SUBMITTED TO THE CHIEF. IN COMPLIANCE WITH YOUR REQUEST THERE IS FORWARDED TO YOU HEREWITH THE FORM 3037 AS COMPLETED BY THE WAR DEPARTMENT SHOWING THE GROSS AMOUNT OF MISS CHATHAM'S INDEBTEDNESS TO THE GOVERNMENT ON ACCOUNT OF OVERDRAWN LEAVE AS $51.19 INSTEAD OF $54.16 AS STATED IN THE WAR DEPARTMENT'S MEMORANDUM DATED SEPTEMBER 28. IT IS PROPER TO ADVISE YOU THAT THE RETIREMENT RECORD CARD 2806 SHOWS DEDUCTIONS IN THE SUM OF $286.45. TO WHICH WAS ADDED INTEREST $38.06. THE AMOUNT OF $270.35 WAS PAID TO CATHERINE CHATHAM AS BENEFICIARY BY CHECK NO. 5000540.

A-83630, MARCH 15, 1937, 16 COMP. GEN. 854

LEAVES OF ABSENCE - ANNUAL AND SICK - RETIREMENT FUND DEDUCTIONS FOR ADVANCES UNLIQUIDATED ON SEPARATION FROM SERVICE - FRACTIONAL DAYS THE AMOUNT TO BE DEDUCTED FROM A FORMER EMPLOYEE'S CREDIT IN THE CIVIL- SERVICE RETIREMENT FUND BECAUSE OF UNLIQUIDATED ADVANCES OF ANNUAL OR SICK LEAVE ON SEPARATION FROM SERVICE SHOULD BE COMPUTED ON THE BASIS OF THE ACTUAL PERIOD OF ABSENCE, INCLUDING FRACTIONS OF A DAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, MARCH 15, 1937:

YOUR LETTER OF JANUARY 14, 1937, IS AS FOLLOWS:

REFERRING FURTHER TO THE ACCUMULATED RETIREMENT DEDUCTIONS DUE IN THE CASE OF CALLIE MARIE CHATHAM, WHO DIED SEPTEMBER 15, 1936, FORMERLY A CLERK IN THE OFFICE OF THE ADJUTANT GENERAL, WAR DEPARTMENT, RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED DECEMBER 1, 1936, FILE R-0627002-WGS, WITH REFERENCE TO A REQUEST FROM THE WAR DEPARTMENT THAT A SET-OFF OF $54.16 BE MADE AGAINST THE AMOUNT DUE UNDER THE RETIREMENT ACT, WHICH REQUEST WAS SUBMITTED TO THE CHIEF, CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, BY THE COMMISSION UNDER DATE OF NOVEMBER 13, 1936.

IN COMPLIANCE WITH YOUR REQUEST THERE IS FORWARDED TO YOU HEREWITH THE FORM 3037 AS COMPLETED BY THE WAR DEPARTMENT SHOWING THE GROSS AMOUNT OF MISS CHATHAM'S INDEBTEDNESS TO THE GOVERNMENT ON ACCOUNT OF OVERDRAWN LEAVE AS $51.19 INSTEAD OF $54.16 AS STATED IN THE WAR DEPARTMENT'S MEMORANDUM DATED SEPTEMBER 28, 1936, HEREWITH RETURNED TO YOU.

IT IS PROPER TO ADVISE YOU THAT THE RETIREMENT RECORD CARD 2806 SHOWS DEDUCTIONS IN THE SUM OF $286.45, TO WHICH WAS ADDED INTEREST $38.06, MAKING A TOTAL OF $324.51 DUE UNDER THE RETIREMENT ACT; AND THAT ON DECEMBER 7, 1936, THE AMOUNT OF $270.35 WAS PAID TO CATHERINE CHATHAM AS BENEFICIARY BY CHECK NO. 5000540. THE REMAINDER OF $54.16 IS BEING WITHHELD AWAITING INSTRUCTIONS FROM THE GENERAL ACCOUNTING OFFICE.

THE REPORT OF THE WAR DEPARTMENT DATED SEPTEMBER 28, 1936, IS AS FOLLOWS: SUBJECT: DEATH OF CALLIE M. CHATHAM, C.A.F. 2, AT $1,500 PER ANNUM.

MISS CALLIE M. CHATHAM, C.A.F., GRADE 2, AT $1,500 PER ANNUM, DIED SEPTEMBER 15, 1936.

DURING THE PERIOD JANUARY 1-JUNE 30, 1936, SHE WAS GRANTED ADVANCE ANNUAL LEAVE WITH PAY, OF WHICH 13 DAYS HAD NOT BEEN EARNED. THE VALUE OF THIS OVER ALLOWANCE OF LEAVE IS AS FOLLOWS:

TABLE

FISCAL YEAR GROSS RETIREMENT NET

DEDUCTIONS

1936 $54.16 $1.90 $52.26

MISS CHATHAM HAS NOT MADE A REFUND OF THIS AMOUNT. IT IS THEREFORE REQUESTED THAT THE GROSS AMOUNT OF $54.16 BE DEDUCTED FROM THE AMOUNT TO THE CREDIT OF MISS CHATHAM IN THE RETIREMENT FUND AND PLACED TO THE CREDIT OF THE APPROPRIATION,"SALARIES, ADJUTANT GENERAL'S OFFICE, 1936" (SYMBOL NO. 86071). THE DISBURSING OFFICER IS G. F. ALLEN, CHIEF DISBURSING OFFICER, DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT.'

HOWEVER, ON FORM 3037 IT IS SHOWN THAT DECEDENT WAS GRANTED ONLY 12 2/7 DAYS' EXCESS LEAVE. THE AMOUNT OF $54.16 REPRESENTS 13 DAYS' COMPENSATION AND $51.19 REPRESENTS 12 2/7 DAYS' COMPENSATION AT THE RATE OF $1,500 PER ANNUM. APPARENTLY THE QUESTION PRESENTED IS WHETHER DEDUCTION FROM THE RETIREMENT FUND FOR COMPENSATION PAID DURING OVERDRAWN LEAVE MAY BE MADE FOR A FRACTION OF A DAY'S LEAVE, IN THIS INSTANCE 2/7 OF A DAY, OR WHETHER COMPENSATION DEDUCTIONS MUST BE MADE FOR FULL DAYS, IN THIS INSTANCE 13 DAYS.

THE AMOUNT TO BE DEDUCTED FROM A FORMER EMPLOYEE'S CREDIT IN THE RETIREMENT FUND BECAUSE OF UNEARNED OR EXCESS ANNUAL OR SICK LEAVE IS FOR COMPUTING UPON THE SAME BASIS AS THAT USED IN CONNECTION WITH LEAVE WITHOUT PAY WHICH HAD BEEN AUTHORIZED IN ADVANCE. DECISION OF FEBRUARY 17, 1937, A-83276, 16 COMP. GEN. 769. THERE IS NO GENERAL LAW, RULE, OR REGULATION REQUIRING DEDUCTION OF A FULL DAY'S COMPENSATION FOR A FRACTION OF A DAY'S ABSENCE WITHOUT PAY. THE UNIFORM ANNUAL AND SICK LEAVE REGULATIONS NOW IN FORCE MAKE NO PROVISION CONTROLLING THE MATTER. IT IS UNDERSTOOD THAT SOME ADMINISTRATIVE REGULATIONS REQUIRE DEDUCTION OF A FULL DAY'S COMPENSATION FOR A FRACTION OF A DAY'S ABSENCE WITHOUT PAY, BUT THAT THERE IS CREDITED TO THE EMPLOYEE LEAVE WITH PAY REPRESENTING THE BALANCE OF THE DAY FOR WHICH DEDUCTION FROM COMPENSATION HAS BEEN MADE. HOWEVER, AS THE DEDUCTION FROM THE RETIREMENT FUND FOR COMPENSATION PAID DURING OVERDRAWN LEAVE REPRESENTS A FINAL SETTLEMENT WITH NO OPPORTUNITY FOR CREDITING THE EMPLOYEE WITH THE BALANCE OF A DAY'S LEAVE, THE ADJUSTMENT SHOULD BE ON THE BASIS OF THE ACTUAL PERIOD OF ABSENCE INCLUDING FRACTIONS OF A DAY. THE PROPER DEDUCTION IN THIS CASE IS $51.19 FOR 12 2/7 DAYS' ABSENCE.

SETTLEMENT WITH THE ESTATE OF THE FORMER EMPLOYEE SHOULD BE ACCORDINGLY.

REFERENCE IS MADE TO DECISION OF FEBRUARY 26, 1937, 16 COMP. GEN. 786, FOR THE PROCEDURE IN DEATH CASES.