B-114164, SEP. 2, 1960

B-114164: Sep 2, 1960

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WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 13. THE SETTLEMENT WAS REVIEWED AND THE DISALLOWANCE SUSTAINED BY OUR DECISION DATED MARCH 25. PAYMENT OF YOUR CLAIM WAS DENIED FOR THE REASON THAT THE LUMP SUM LEAVE PAYMENT ACT OF DECEMBER 21. - THERE WAS NO LAW OR REGULATION WHICH AUTHORIZED COMPENSATION TO BE PAID FOR ACCRUED ANNUAL LEAVE NOT USED BY AN EMPLOYEE UPON SEPARATION FROM THE FEDERAL SERVICE. THE ACTION HERETOFORE TAKEN UPON YOUR CLAIM IS FOUND CORRECT. IS SUSTAINED.

B-114164, SEP. 2, 1960

TO MRS. AMY METZ:

THIS REFERS TO YOUR UNDATED LETTER RECEIVED HERE AUGUST 22, 1960, WITH ENCLOSURES, INQUIRING WHETHER ANY LEGISLATION HAS BEEN ENACTED WHICH WOULD ENABLE YOU TO RECEIVE PAYMENT FOR ACCUMULATED AND ACCRUED ANNUAL LEAVE CREDITED TO THE ACCOUNT OF YOUR FORMER HUSBAND, GEORGE MASTERTON, ON THE DATE OF HIS DEATH--- SEPTEMBER 4, 1944.

YOUR ORIGINAL REQUEST FOR PAYMENT OF ANNUAL LEAVE WHICH HAD ACCRUED TO YOUR HUSBAND WHILE A GOVERNMENT EMPLOYEE, WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 13, 1945. SUBSEQUENTLY, THE SETTLEMENT WAS REVIEWED AND THE DISALLOWANCE SUSTAINED BY OUR DECISION DATED MARCH 25, 1953, B-114164, TO YOU. PAYMENT OF YOUR CLAIM WAS DENIED FOR THE REASON THAT THE LUMP SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, 58 STAT. 845, AUTHORIZING COMPENSATION TO BE PAID FOR UNUSED ANNUAL LEAVE CREDITED TO THE ACCOUNT OF AN EMPLOYEE UPON SEPARATION FROM THE SERVICE, DID NOT BECOME EFFECTIVE UNTIL THE DATE OF ENACTMENT. PRIOR TO THE ENACTMENT--- DECEMBER 21, 1944--- THERE WAS NO LAW OR REGULATION WHICH AUTHORIZED COMPENSATION TO BE PAID FOR ACCRUED ANNUAL LEAVE NOT USED BY AN EMPLOYEE UPON SEPARATION FROM THE FEDERAL SERVICE.

NO LEGISLATION HAS BEEN ENACTED SINCE OUR DECISIONS TO YOU AUTHORIZING PAYMENT FOR LEAVE AS CLAIMED. CONSEQUENTLY, THE ACTION HERETOFORE TAKEN UPON YOUR CLAIM IS FOUND CORRECT, AND THE SETTLEMENT OF MARCH 13, 1945, IS SUSTAINED.