B-123481, APRIL 22, 1955, 34 COMP. GEN. 544

B-123481, APRIL 22, 1955, 34 COMP. GEN. 544

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - ENTITLEMENT OF DOCTORS, DENTISTS AND NURSES IN DEPARTMENT OF MEDICINE AND SURGERY DOCTORS, DENTISTS, AND NURSES IN THE DEPARTMENT OF MEDICINE AND SURGERY OF THE VETERANS ADMINISTRATION WHO ARE SEPARATED FROM THE SERVICE, OTHER THAN BY DEATH, ARE LIMITED TO THE LUMP-SUM LEAVE PAYMENTS AUTHORIZED BY THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, AS AMENDED BY SECTION 4 (A) OF THE ACT OF JULY 2, 1953; AND ANY LUMP-SUM PAYMENTS DUE THOSE WHOSE SERVICES ARE TERMINATED BY DEATH ARE RESTRICTED TO THE AMOUNTS AUTHORIZED BY SECTION 501 OF THE ACT OF SEPTEMBER 1, 1954, WHICH AMENDED THE ACT OF AUGUST 3, 1950, RELATING TO SETTLEMENT OF ACCOUNTS OF DECEASED EMPLOYEES.

COMPTROLLER GENERAL CAMPBELL TO THE ADMINISTRATOR, VETERANS ADMINISTRATION, APRIL 22, 1955:

YOUR LETTER OF MARCH 31, 1955, REQUESTS OUR DECISION UPON THE QUESTION WHETHER DOCTORS, DENTISTS, AND NURSES IN THE DEPARTMENT OF MEDICINE AND SURGERY OF THE VETERANS ADMINISTRATION MAY BE PAID A LUMP SUM PAYMENT UPON DEATH OR SEPARATION FOR ALL ANNUAL LEAVE TO THEIR CREDIT AT THAT TIME, WHICH LEAVE CREDITS, YOUR LETTER STATES, MAY TOTAL AS MUCH AS 120 DAYS UNDER PRESENT LEAVE REGULATIONS PRESCRIBED PURSUANT TO SECTION 7 (B) OF THE ACT OF JANUARY 3, 1946, 59 STAT. 677. THOSE CATEGORIZED EMPLOYEES OF THE DEPARTMENT OF MEDICINE AND SURGERY ARE SPECIFICALLY EXCEPTED FROM THE ANNUAL AND SICK LEAVE ACT OF 1951, BY SECTION 202 (B) (1) (G) OF THAT ACT, 65 STAT. 679.

THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AS AMENDED BY SECTION 4 (A) OF THE ACT OF JULY 2, 1953, PUBLIC LAW 102, 67 STAT. 137, PROVIDES IN PERTINENT PART:

THAT WHENEVER ANY CIVILIAN OFFICER OR EMPLOYEE OF THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS SEPARATED FROM THE SERVICE * * * HE SHALL BE PAID COMPENSATION IN A LUMP-SUM FOR ALL ACCUMULATED AND CURRENT ACCRUED ANNUAL OR VACATION LEAVE TO WHICH HE IS ENTITLED UNDER EXISTING LAW. SUCH LUMP-SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH OFFICER OR EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE, EXCEPT THAT AFTER AUGUST 31, 1953, NO SUCH LUMP-SUM PAYMENT SHALL EXCEED COMPENSATION FOR ANY PERIOD OF SUCH LEAVE IN EXCESS OF THIRTY DAYS OR THE NUMBER OF DAYS CARRIED OVER TO HIS CREDIT AT THE BEGINNING OF THE LEAVE YEAR IN WHICH ENTITLEMENT TO PAYMENT OCCURS, WHICHEVER IS THE GREATER. * * *

AS THE LUMP-SUM LEAVE ACT IS NOT A PART OF THE ANNUAL AND SICK LEAVE ACT OF 1951 APPROVED OCTOBER 30, 1951, 65 STAT. 679, THE EXCEPTION FROM THE PROVISIONS OF THE 1951 LEAVE ACT OF DOCTORS, DENTISTS, AND NURSES IN THE DEPARTMENT OF MEDICINE AND SURGERY DOES NOT AFFECT THE APPLICATION OF THE LUMP-SUM LEAVE ACT TO SUCH CATEGORIZED EMPLOYEES OF THAT DEPARTMENT. CF. B-104563, AUGUST 3, 1951. ACCORDINGLY, SUCH EMPLOYEES UPON SEPARATION, OTHER THAN BY DEATH, WILL BE LIMITED TO THE LUMP-SUM LEAVE PAYMENTS IN ACCORDANCE WITH THE AMENDED LUMP-SUM LEAVE ACT QUOTED ABOVE.

AS TO THOSE CATEGORIZED EMPLOYEES SEPARATED BY DEATH, THE ACT OF AUGUST 3, 1950, APPLICABLE TO ALL "DECEASED CIVILIAN OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT," AS AMENDED BY THE ACT OF JULY 2, 1953, AND BY SECTION 501 OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1115, PROVIDES---

(6) PAYMENT FOR ALL ACCUMULATED AND CURRENT ACCRUED ANNUAL OR VACATION LEAVE EQUAL TO THE COMPENSATION THE DECEDENT WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE; EXCEPT THAT SUCH LUMP-SUM PAYMENT SHALL NOT INCLUDE COMPENSATION FOR ANY PERIOD OF ACCUMULATED LEAVE IN EXCESS OF THE NUMBER OF DAYS OF ACCUMULATED LEAVE TO WHICH HE IS ENTITLED ON THE DATE OF SEPARATION (EXCLUDING ACCUMULATED LEAVE EARNED IN THE 1954 LEAVE YEAR AND THEREAFTER), PLUS CURRENT ACCRUED LEAVE, WHICHEVER IS THE GREATER.

AS THE PORTION OF THE ACT JUST QUOTED IS NOT A PART OF THE 1951 LEAVE STATUTE, AND SINCE THE WORDS "DECEASED CIVILIAN OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT" AS USED IN THE ACT OF AUGUST 3, 1950, 64 STAT. 395, UNQUESTIONABLY INCLUDE DOCTORS, DENTISTS, AND NURSES OF THE DEPARTMENT OF MEDICINE AND SURGERY, ANY LUMP-SUM LEAVE PAYMENTS UPON TERMINATION OF SERVICE BY DEATH ARE RESTRICTED TO THE AMOUNTS PERMITTED UNDER THE ABOVE-QUOTED AMENDMENT OF SEPTEMBER 1, 1954, RELATING TO THE SETTLEMENT OF THE ACCOUNTS OF CERTAIN DECEASED CIVILIAN OFFICER AND EMPLOYEES OF THE GOVERNMENT.