B-110845, AUGUST 11, 1952, 32 COMP. GEN. 86

B-110845: Aug 11, 1952

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HAD THE STATUS OF PIECEWORK EMPLOYEES AND WHO WERE CONVERTED ON THAT DATE TO THE STATUS OF REGULAR FULL-TIME EMPLOYEES COULD NOT COUNT SERVICE PERFORMED PRIOR TO THAT DATE IN DETERMINING THE ANNUAL LEAVE CREDITS TO WHICH THEY ARE ENTITLED UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951. 1952: REFERENCE IS MADE TO LETTER OF JULY 15. FOR THE PURPOSES OF AN ANNUITY UNDER SUCH ACT AND THE DETERMINATION OF THE PERIOD OF SERVICE RENDERED MAY BE MADE UPON THE BASIS OF AN AFFIDAVIT OF THE EMPLOYEE. * * * THE QUESTION OF SERVICE CREDITABLE TOWARD CIVIL SERVICE RETIREMENT APPEARS TO HAVE BEEN PRESENTED BY YOUR DEPARTMENT TO THE CIVIL SERVICE COMMISSION ACCOMPANIED BY A FULL STATEMENT OF THE STATUS OF THESE ALEUT WORKMEN PARTICULARLY WITH RESPECT TO THE ADOPTION.

B-110845, AUGUST 11, 1952, 32 COMP. GEN. 86

LEAVES OF ABSENCE - ANNUAL - SERVICE CREDITS - ANNUAL AND SICK LEAVE ACT OF 1951 IN VIEW OF THE CIVIL SERVICE COMMISSION DETERMINATION THAT ALEUT WORKMEN ON THE PRIBILOF ISLANDS WHO PRIOR TO JANUARY 1, 1950, HAD THE STATUS OF PIECEWORK EMPLOYEES AND WHO WERE CONVERTED ON THAT DATE TO THE STATUS OF REGULAR FULL-TIME EMPLOYEES COULD NOT COUNT SERVICE PERFORMED PRIOR TO THAT DATE IN DETERMINING THE ANNUAL LEAVE CREDITS TO WHICH THEY ARE ENTITLED UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, AUGUST 11, 1952:

REFERENCE IS MADE TO LETTER OF JULY 15, 1952, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY, REQUESTING DECISION WITH RESPECT TO THE SERVICE WHICH MAY BE COUNTED TOWARD ESTABLISHING THE ANNUAL LEAVE CREDITS UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, IN THE CASE OF ALEUT WORKMEN ON THE PRIBILOF ISLANDS.

SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, PROVIDES AS FOLLOWS:

OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL BE ENTITLED TO ANNUAL LEAVE WITH PAY WHICH SHALL ACCRUE AS FOLLOWS---

(1)ONE-HALF DAY FOR EACH FULL BIWEEKLY PAY PERIOD IN THE CASE OF OFFICERS AND EMPLOYEES WITH LESS THAN THREE YEARS OF SERVICE,

(2) THREE-FOURTHS DAY FOR EACH FULL BIWEEKLY PAY PERIOD (EXCEPT THAT THE ACCRUAL FOR THE LAST FULL BIWEEKLY PAY PERIOD IN THE YEAR SHALL BE ONE AND ONE-FOURTH DAYS) IN THE CASE OF OFFICERS AND EMPLOYEES WITH THREE BUT LESS THAN FIFTEEN YEARS OF SERVICE, AND

(3) ONE DAY FOR EACH FULL BIWEEKLY PAY PERIOD IN THE CASE OF OFFICERS AND EMPLOYEES WITH FIFTEEN YEARS OR MORE OF SERVICE.

IN DETERMINING YEARS OF SERVICE FOR THE PURPOSES OF THIS SUBSECTION, THERE SHALL BE INCLUDED ALL SERVICE CREDITABLE UNDER THE PROVISIONS OF SECTION 5 OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, AS AMENDED, FOR THE PURPOSES OF AN ANNUITY UNDER SUCH ACT AND THE DETERMINATION OF THE PERIOD OF SERVICE RENDERED MAY BE MADE UPON THE BASIS OF AN AFFIDAVIT OF THE EMPLOYEE. * * *

THE QUESTION OF SERVICE CREDITABLE TOWARD CIVIL SERVICE RETIREMENT APPEARS TO HAVE BEEN PRESENTED BY YOUR DEPARTMENT TO THE CIVIL SERVICE COMMISSION ACCOMPANIED BY A FULL STATEMENT OF THE STATUS OF THESE ALEUT WORKMEN PARTICULARLY WITH RESPECT TO THE ADOPTION, JANUARY 1, 1950, OF A NEW WAGE AND EMPLOYMENT PRACTICE--- IT BEING STATED THAT PRIOR TO THAT DATE THE EMPLOYEES HAD THE STATUS OF "PIECEWORK EMPLOYEES"--- AS DISTINGUISHED FROM A "FULL TIME, YEAR ROUND BASIS" AFTER SAID DATE. LETTER OF APRIL 20, 1951, TO YOUR DEPARTMENT, THE CIVIL SERVICE COMMISSION CONCLUDED THAT SUCH WORKMEN COULD COUNT SERVICE FOR CIVIL SERVICE RETIREMENT PURPOSES ONLY FROM JANUARY 1, 1950. IN DECISION OF THIS OFFICE, DECEMBER 14, 1951, 31 COMP. GEN. 215, TO THE CIVIL SERVICE COMMISSION, WITH RESPECT TO SERVICE WHICH MAY BE COUNTED IN ESTABLISHING THE ANNUAL LEAVE CREDITS UNDER THE NEW LEAVE ACT, IT WAS STATED AT PAGE 219:

FROM THE FOREGOING, IT FAIRLY MAY BE CONCLUDED THAT THE CONGRESS DID NOT INTEND THAT SERVICE BE ACTUALLY CREDITABLE FOR ANNUITY PURPOSES BEFORE BEING USED TO DETERMINE AN EMPLOYEE'S LEAVE SCALE BUT RATHER HAD REFERENCE TO POTENTIALLY CREDITABLE SERVICE, THAT IS, SERVICE WHICH COULD FORM THE BASIS FOR AN ANNUITY AT SOME FUTURE DATE. THEREFORE, ALL PARTS OF QUESTION NO. 2, GENERAL AND SPECIFIC, ARE ANSWERED IN THE AFFIRMATIVE, IT BEING UNDERSTOOD THAT, IN EACH INSTANCE, THE SERVICE INVOLVED IS POTENTIALLY CREDITABLE FOR RETIREMENT PURPOSES.

IN VIEW OF THE DETERMINATION BY THE CIVIL SERVICE COMMISSION THAT THE ALEUT WORKMEN COULD NOT BE CREDITED FOR RETIREMENT PURPOSES WITH SERVICE PRIOR TO JANUARY 1, 1950, IT MUST BE CONCLUDED THAT SERVICE PRIOR TO THAT DATE IS NOT POTENTIALLY CREDITABLE FOR RETIREMENT PURPOSES. IT APPEARS TO BE THE INTENT OF THE STATUTE THAT ANY SERVICE, ACTUAL OR POTENTIAL, NOT CREDITABLE FOR RETIREMENT PURPOSES, PROPERLY IS FOR EXCLUSION IN DETERMINING YEARS OF SERVICE FOR THE PURPOSES OF SECTION 203 SUPRA.HENCE, IT IS CONCLUDED THAT THE WORKMEN HERE INVOLVED COULD NOT COUNT SERVICE RENDERED PRIOR TO JANUARY 1, 1940, IN DETERMINING THE ANNUAL LEAVE CREDITS TO WHICH ENTITLED UNDER THE NEW ANNUAL AND SICK LEAVE ACT OF 1951.