B-108171, MARCH 4, 1952, 31 COMP. GEN. 443

B-108171: Mar 4, 1952

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LEAVES OF ABSENCES - ANNUAL - LUMP-SUM PAYMENT - COMPENSATION RATE CHANGES DURING PERIOD COVERED BY PAYMENT AN EMPLOYEE WHO WAS PLACED ON MILITARY FURLOUGH ON THE LAST WORK DAY PRIOR TO THE EFFECTIVE DATE OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949 AND PAID A LUMP-SUM FOR ACCRUED ANNUAL LEAVE WAS EFFECTIVELY SEPARATED FROM THE SERVICE ON THAT DAY ALTHOUGH THE PERIOD COVERED BY THE LUMP-SUM PAYMENT EXTENDED BEYOND THE EFFECTIVE DATE OF SAID AMENDMENT. 1952: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11. WHO WAS PLACED ON MILITARY FURLOUGH. UPON THE BASIS THAT THE PERIOD COVERED BY THE LUMP-SUM PAYMENT EXTENDED BEYOND THE EFFECTIVE DATE OF PUBLIC LAW 201 THE PROPOSED PAYMENT IS TO ADJUST THE DIFFERENCE BETWEEN THE RATE OF $3.

B-108171, MARCH 4, 1952, 31 COMP. GEN. 443

LEAVES OF ABSENCES - ANNUAL - LUMP-SUM PAYMENT - COMPENSATION RATE CHANGES DURING PERIOD COVERED BY PAYMENT AN EMPLOYEE WHO WAS PLACED ON MILITARY FURLOUGH ON THE LAST WORK DAY PRIOR TO THE EFFECTIVE DATE OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949 AND PAID A LUMP-SUM FOR ACCRUED ANNUAL LEAVE WAS EFFECTIVELY SEPARATED FROM THE SERVICE ON THAT DAY ALTHOUGH THE PERIOD COVERED BY THE LUMP-SUM PAYMENT EXTENDED BEYOND THE EFFECTIVE DATE OF SAID AMENDMENT, AND THEREFORE, THE LUMP-SUM PAYMENT MAY NOT BE ADJUSTED UPON THE BASIS OF THE INCREASED RATES ESTABLISHED BY THE INCREASED COMPENSATION AMENDMENT TO THE ACT.

COMPTROLLER GENERAL WARREN TO P. F. VON THADEN, DEPARTMENT OF AGRICULTURE, MARCH 4, 1952:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1952, REQUESTING DECISION WHETHER YOU MAY CERTIFY THE VOUCHER THEREWITH TRANSMITTED PROPOSING ADDITIONAL PAYMENT TO JACK N. WASHICHEK, AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE, WHO WAS PLACED ON MILITARY FURLOUGH, COB JULY 6, 1951--- THE LAST WORK DAY PRIOR TO THE EFFECTIVE DATE OF THE INCREASE AUTHORIZED BY THE ACT OF OCTOBER 24, 1951, PUBLIC LAW 201, 65 STAT. 612--- AND RECEIVED AT THAT TIME LUMP-SUM PAYMENT FOR 90 HOURS' LEAVE. UPON THE BASIS THAT THE PERIOD COVERED BY THE LUMP-SUM PAYMENT EXTENDED BEYOND THE EFFECTIVE DATE OF PUBLIC LAW 201 THE PROPOSED PAYMENT IS TO ADJUST THE DIFFERENCE BETWEEN THE RATE OF $3,100 AT WHICH PAYMENT WAS MADE FOR THE ANNUAL LEAVE AND THE RATE OF $3,410, THE INCREASED RATE AUTHORIZED BY THE SAID PUBLIC LAW.

ALTHOUGH MR. WASHICHEK WAS PLACED ON SO-CALLED MILITARY FURLOUGH TO GUARANTEE CERTAIN RIGHTS ON HIS SUBSEQUENT REINSTATEMENT, THE FACT REMAINS THAT HE WAS EFFECTIVELY SEPARATED FROM THE SERVICE ON JULY 6, 1951, AND WAS PAID IN A LUMP SUM FOR HIS ACCRUED ANNUAL LEAVE IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845. IN THAT REGARD THE AMOUNT OF THE LUMP-SUM PAYMENT WAS COMPUTED, AS REQUIRED BY THE SAID ACT, AT THE RATE OF COMPENSATION PRESCRIBED FOR THE PARTICULAR POSITION BY LAW OR REGULATION IN BEING ON THE DATE OF SEPARATION. SEE 26 COMP. GEN. 102; 27 ID. 330.

ACCORDINGLY, AND SINCE MR. WASHICHEK WAS SEPARATED FROM THE SERVICE PRIOR TO THE EFFECTIVE DATE OF PUBLIC LAW 201, THE LUMP-SUM PAYMENT PROPERLY MAY NOT BE ADJUSTED UPON THE BASIS OF THE INCREASED COMPENSATION RATES PROVIDED FOR THEREIN. SEE DECISION OF JANUARY 30, 1952, B-107101.

FOR THE REASONS HEREIN STATED THE VOUCHER, WHICH IS RETAINED IN THE FILES OF THIS OFFICE, MAY NOT BE CERTIFIED FOR PAYMENT.