B-106348, NOVEMBER 20, 1951, 31 COMP. GEN. 182

B-106348: Nov 20, 1951

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ON THE 20-DAY PER ANNUM BASIS ARE ENTITLED TO ADDITIONAL COMPENSATION TO COVER THE DIFFERENCE IN THE AMOUNT OF LEAVE PAID FOR AND THE AMOUNT WHICH WOULD HAVE ACCRUED AT THE RATE OF 26 DAYS A YEAR. 1951: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 31. IT IS STATED THAT MRS. TAYLOR WAS PAID IN A LUMP-SUM FOR ACCRUED ANNUAL LEAVE ON THE BASIS OF THE 20-DAY LIMITATION FOR THE PERIOD JULY 1 THROUGH OCTOBER 10. ON THE 20-DAY PER ANNUM BASIS NOW IS ENTITLED TO ADDITIONAL COMPENSATION COVERING THE DIFFERENCE IN THE AMOUNT OF LEAVE PAID FOR AND THE AMOUNT WHICH WOULD HAVE ACCRUED TO SUCH EMPLOYEE AT THE RATE OF 26 DAYS A YEAR UNDER THE 1936 LEAVE ACT. WHICH IS RETURNED HEREWITH.

B-106348, NOVEMBER 20, 1951, 31 COMP. GEN. 182

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - REPEAL OF 20-DAY LIMITATION IN INDEPENDENT OFFICES APPROPRIATION ACT, 1951 INASMUCH AS THE ANNUAL AND SICK LEAVE ACT OF 1951 REPEALED AND RENDERED INOPERATIVE THE 20-DAY LIMITATION ON ANNUAL LEAVE IMPOSED AFTER JULY 1, 1951, BY SECTION 601 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1952, PERMANENT EMPLOYEES WHO, UPON SEPARATION, RECEIVED A LUMP-SUM PAYMENT WHICH INCLUDED PAYMENT FOR ANNUAL LEAVE ACCRUED SINCE JULY 1, 1951, ON THE 20-DAY PER ANNUM BASIS ARE ENTITLED TO ADDITIONAL COMPENSATION TO COVER THE DIFFERENCE IN THE AMOUNT OF LEAVE PAID FOR AND THE AMOUNT WHICH WOULD HAVE ACCRUED AT THE RATE OF 26 DAYS A YEAR.

COMPTROLLER GENERAL WARREN TO E. J. CRILLY, DEPARTMENT OF AGRICULTURE, NOVEMBER 20, 1951:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 31, 1951, REQUESTING DECISION WHETHER, UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING AN ADDITIONAL PAYMENT TO MRS. ELEANOR H. TAYLOR FOR 14 HOURS ANNUAL LEAVE. IT IS STATED THAT MRS. TAYLOR WAS PAID IN A LUMP-SUM FOR ACCRUED ANNUAL LEAVE ON THE BASIS OF THE 20-DAY LIMITATION FOR THE PERIOD JULY 1 THROUGH OCTOBER 10, 1951--- PRESUMABLY THE DATE OF SEPARATION--- AND THAT THE VOUCHER REPRESENTS THE DIFFERENCE IN ACCRUED LEAVE BETWEEN 20 AND 26 DAYS A YEAR.

SECTION 207 (A) (7), TOGETHER WITH SECTION 209, OF THE ANNUAL AND SICK LEAVE ACT OF 1951, APPROVED OCTOBER 30, 1951, PUBLIC LAW 233, 65 STAT. 682, 683, REPEALS THE 20 DAY LEAVE LIMIT IMPOSED BY SECTION 601 OF THE ACT OF AUGUST 31, 1951, PUBLIC LAW 137, AS OF THE DATE OF THE EARLIER ACT. THE EFFECT OF THAT REPEAL RENDERS INOPERATIVE AS OF JULY 1, 1951, THE SO- CALLED " DOUGLAS RIDER," 65 STAT. 291, WHICH PROVIDED FOR THE 20-DAY ANNUAL LEAVE LIMITATION, AS IF SAID "RIDER" HAD NEVER BEEN ON THE STATUTE BOOKS. ACCORDINGLY, ANY PERMANENT EMPLOYEE WHO UPON SEPARATION RECEIVED LUMP-SUM PAYMENT WHICH INCLUDED PAYMENT FOR ANNUAL LEAVE ACCRUED SINCE JULY 1, 1951, ON THE 20-DAY PER ANNUM BASIS NOW IS ENTITLED TO ADDITIONAL COMPENSATION COVERING THE DIFFERENCE IN THE AMOUNT OF LEAVE PAID FOR AND THE AMOUNT WHICH WOULD HAVE ACCRUED TO SUCH EMPLOYEE AT THE RATE OF 26 DAYS A YEAR UNDER THE 1936 LEAVE ACT, 49 STAT. 1161.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.