B-116326, AUGUST 3, 1953, 33 COMP. GEN. 54

B-116326: Aug 3, 1953

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WHICH EXEMPTS PRESIDENTIAL APPOINTEES FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACT OF 1951 AND PROVIDES THAT ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE TO WHICH SUCH APPOINTEES ARE ENTITLED IMMEDIATELY PRIOR TO THE DATE OF THE ACT SHALL BE LIQUIDATED BY A LUMP-SUM PAYMENT IN ACCORDANCE WITH THE LUMP SUM LEAVE ACT OF 1944. IS ENTITLED TO A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE STANDING TO HIS CREDIT ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JULY 2. PROVIDED THE CLAIMED LEAVE CREDITS ARE SUPPORTED BY PROPER OFFICIAL RECORDS. 1953: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE A LUMP-SUM PAYMENT TO MR. FURTHER PROVIDES: SEC. 2 (A) THE ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE TO WHICH ANY OFFICER EXEMPTED FROM THE ANNUAL AND SICK LEAVE ACT OF 1951 AS A RESULT OF THE ENACTMENT OF THIS ACT IS ENTITLED IMMEDIATELY PRIOR TO THE DATE THIS ACT BECOMES APPLICABLE TO HIM SHALL BE LIQUIDATED BY A LUMP-SUM PAYMENT IN ACCORDANCE WITH THE ACT OF DECEMBER 21.

B-116326, AUGUST 3, 1953, 33 COMP. GEN. 54

LUMP-SUM LEAVE PAYMENTS - PRESIDENTIAL APPOINTEES - ACT OF JULY 2, 1953 UNDER THE ACT OF JULY 2, 1953, WHICH EXEMPTS PRESIDENTIAL APPOINTEES FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACT OF 1951 AND PROVIDES THAT ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE TO WHICH SUCH APPOINTEES ARE ENTITLED IMMEDIATELY PRIOR TO THE DATE OF THE ACT SHALL BE LIQUIDATED BY A LUMP-SUM PAYMENT IN ACCORDANCE WITH THE LUMP SUM LEAVE ACT OF 1944, A PRESIDENTIAL APPOINTEE WHO RESIGNED EFFECTIVE JULY 31, 1953, IS ENTITLED TO A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE STANDING TO HIS CREDIT ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JULY 2, 1953, PROVIDED THE CLAIMED LEAVE CREDITS ARE SUPPORTED BY PROPER OFFICIAL RECORDS.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, NATIONAL MEDIATION BOARD, AUGUST 3, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1953, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE A LUMP-SUM PAYMENT TO MR. JOHN THAD SCOTT, JR., A MEMBER OF YOUR BOARD, FOR ANNUAL LEAVE OF 480 HOURS TO HIS CREDIT JANUARY 1, 1953, UPON HIS RESIGNATION EFFECTIVE JULY 31, 1953.

SECTION 1 OF THE ACT OF JULY 2, 1953, PUBLIC LAW 102, 67 STAT. 136, EXEMPTS FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACT OF 1951, PERSONS APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND SECTION 2 OF THAT ACT, 67 STAT. 136, FURTHER PROVIDES:

SEC. 2 (A) THE ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE TO WHICH ANY OFFICER EXEMPTED FROM THE ANNUAL AND SICK LEAVE ACT OF 1951 AS A RESULT OF THE ENACTMENT OF THIS ACT IS ENTITLED IMMEDIATELY PRIOR TO THE DATE THIS ACT BECOMES APPLICABLE TO HIM SHALL BE LIQUIDATED BY A LUMP-SUM PAYMENT IN ACCORDANCE WITH THE ACT OF DECEMBER 21, 1944 (5 U.S.C. 61B-61E).

AS THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AUTHORIZES LUMP-SUM PAYMENT FOR ALL ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE TO THE CREDIT OF AN EMPLOYEE UPON HIS SEPARATION FROM THE SERVICE--- SUBJECT TO THE AMENDMENT COVERED BY SECTION 4 (A) OF PUBLIC LAW 102, 67 STAT. 137, WHICH IS NOT APPLICABLE TO THE FACTS OF THIS CASE--- PAYMENT TO MR. SCOTT, JR., FOR UNUSED ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE TO HIS CREDIT ON THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN AFTER JULY 2, 1953 (SEE SECTION 8 OF ACT OF JULY 2, 1953), 67 STAT. 139, WOULD APPEAR TO BE AUTHORIZED PROVIDED THE CLAIMED LEAVE CREDITS ARE SUPPORTED BY PROPER OFFICIAL RECORDS MAINTAINED CURRENTLY BY THE BOARD, OR BY THE MEMBER HIMSELF SHOWING ACCRUALS AND ABSENCES CHARGED TO ACCRUED LEAVE, OR SUCH OTHER EVIDENCE AS WILL ESTABLISH "A CLEAR SHOWING OF ENTITLEMENT" WITHIN THE PURVIEW OF THE PRESIDENT'S LETTER OF APRIL 22, 1953.