B-107395, JANUARY 24, 1952, 31 COMP. GEN. 332

B-107395: Jan 24, 1952

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LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENT - COMPENSATION RATE CHANGES DURING PERIOD COVERED BY PAYMENT AN EMPLOYEE WHO WAS RETIRED BETWEEN THE EFFECTIVE DATE OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949 AND THE DATE OF ITS ENACTMENT. IS ENTITLED UNDER THE RETROACTIVE PROVISION OF SECTION 6 (B) OF SAID AMENDATORY ACT TO HAVE HIS LUMP-SUM LEAVE PAYMENT ADJUSTED AND PAID AT THE NEW RATE OF COMPENSATION ESTABLISHED BY THE ACT. 1952: REFERENCE IS MADE TO LETTER DATED JANUARY 9. IF THE ANSWER TO THE ABOVE IS TO THE EFFECT THAT THE OLD RATES WOULD BE USED. WOULD ANY DISTINCTION BE MADE FOR THAT PORTION OF THE ACCRUED LEAVE WHICH WAS EARNED FOR SERVICE RENDERED FROM JULY 8 TO DATE OF RETIREMENT.

B-107395, JANUARY 24, 1952, 31 COMP. GEN. 332

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENT - COMPENSATION RATE CHANGES DURING PERIOD COVERED BY PAYMENT AN EMPLOYEE WHO WAS RETIRED BETWEEN THE EFFECTIVE DATE OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949 AND THE DATE OF ITS ENACTMENT, IS ENTITLED UNDER THE RETROACTIVE PROVISION OF SECTION 6 (B) OF SAID AMENDATORY ACT TO HAVE HIS LUMP-SUM LEAVE PAYMENT ADJUSTED AND PAID AT THE NEW RATE OF COMPENSATION ESTABLISHED BY THE ACT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, JANUARY 24, 1952:

REFERENCE IS MADE TO LETTER DATED JANUARY 9, 1952, FROM THE ASSISTANT SECRETARY REQUESTING DECISION WITH RESPECT TO THE RATE OF COMPENSATION TO BE USED IN COMPUTING LUMP-SUM PAYMENTS TO EMPLOYEES WHO RETIRED BETWEEN JULY 8 AND OCTOBER 24, 1951.

SECTION 6B OF THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201, 65 STAT. 615, PROVIDES:

RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID UNDER THIS ACT ONLY IN THE CASE OF AN INDIVIDUAL IN THE SERVICE OF THE UNITED STATES (INCLUDING SERVICE IN THE ARMED FORCES OF THE UNITED STATES) OR OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THAT SUCH RETROACTIVE COMPENSATION OR SALARY SHALL BE PAID A RETIRED OFFICER OR EMPLOYEE FOR SERVICES RENDERED DURING THE PERIOD BEGINNING WITH THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JUNE 30, 1951, AND ENDING WITH THE DATE OF HIS RETIREMENT. ( ITALICS SUPPLIED.)

WITH RESPECT TO THE ITALICIZED PORTION OF THE ABOVE-QUOTED STATUTE, THE LETTER PRESENTS THE FOLLOWING STATED QUESTIONS:

1. WOULD THE PAYMENT FOR ACCRUED LEAVE AS OF THE DATE OF RETIREMENT BE COMPUTED AT THE SALARY RATES IN EFFECT PRIOR TO THE ENACTMENT OF PUBLIC LAW 201, OR WOULD THE RATES PROVIDED IN PUBLIC LAW 201 BE USED?

2. IF THE ANSWER TO THE ABOVE IS TO THE EFFECT THAT THE OLD RATES WOULD BE USED, WOULD ANY DISTINCTION BE MADE FOR THAT PORTION OF THE ACCRUED LEAVE WHICH WAS EARNED FOR SERVICE RENDERED FROM JULY 8 TO DATE OF RETIREMENT. IF A DISTINCTION IS MADE FOR THIS PORTION OF THE ACCRUED LEAVE, WOULD LEAVE TAKEN DURING THE PERIOD JULY 8 TO DATE OF RETIREMENT BE CHARGEABLE TO ACCRUED LEAVE AVAILABLE AS OF JULY 7 RATHER THAN THAT EARNED DURING THE PERIOD FOLLOWING JULY 7?

LANGUAGE SIMILAR TO THAT CONTAINED IN THE STATUTE, SUPRA, INCLUDING PARTICULARLY THE ITALICIZED PORTION, IS FOUND IN SECTION 4B OF THE ACT OF OCTOBER 25, 1951, PUBLIC LAW 207, 65 STAT. 615, GRANTING RETROACTIVE INCREASES TO CERTAIN EMPLOYEES OF THE DISTRICT OF COLUMBIA WITH RESPECT TO WHICH PROVISION IT WAS HELD IN DECISION OF JANUARY 11, 1952, B 106464, 31 COMP. GEN. 273, THAT THE LUMP-SUM PAYMENTS TO EMPLOYEES OF THE DISTRICT OF COLUMBIA RETIRED AFTER JULY 8, 1951, SHOULD BE COMPUTED AT THE RETROACTIVE RATES FIXED BY THE NEW PAY STATUTE. NO REASON APPEARS WHY THAT RULING SHOULD NOT APPLY WITH EQUAL FORCE TO EMPLOYEES OF THE FEDERAL GOVERNMENT SUBJECT TO THE PROVISIONS OF SECTION 6 (B) OF THE ACT OF OCTOBER 24, 1951, SUPRA.

ACCORDINGLY, THE SECOND ALTERNATE QUESTION CONTAINED IN QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE, RENDERING UNNECESSARY ANY ANSWERS TO THE REMAINING QUESTIONS.