B-125417, NOV. 3, 1955

B-125417: Nov 3, 1955

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THE FOLLOWING QUESTION IS SUBMITTED: "* * * SHOULD MR. WE HAVE ADVISED THE HONORABLE PAUL J. DEAN'S LEAVE RIGHTS AND IT IS ASSUMED THAT HE WILL FORWARD SUCH INFORMATION TO MR. WE ARE OF THE OPINION THAT UNDER SECTION 3 OF THE ACT OF JULY 2.

B-125417, NOV. 3, 1955

TO COMMANDING OFFICER, LAUGHLIN AIR FORCE BASE:

IN LETTER OF OCTOBER 3, 1955, FROM THE ASSISTANT ADJUTANT, FILE REFERENCE 4A, THE FOLLOWING QUESTION IS SUBMITTED:

"* * * SHOULD MR. DEAN REPAY THIS LUMP SUM INDEBTEDNESS BEFORE THE END OF THIS YEAR, REQUEST YOUR OFFICE MAKE DETERMINATION IF 240 HOURS REMAINS HIS CEILING, OR IF THE MAXIMUM REVERTS TO THE 480 HOURS WHICH HE HAD ACCUMULATED ON 1 JANUARY 1953.'

BY OUR LETTER OF TODAY, WE HAVE ADVISED THE HONORABLE PAUL J. KILDAY OF OUR VIEWS CONCERNING MR. DEAN'S LEAVE RIGHTS AND IT IS ASSUMED THAT HE WILL FORWARD SUCH INFORMATION TO MR. DEAN. IN SUBSTANCE, WE EXPRESSED THE VIEW THAT THE LUMP SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, 58 STAT. 845, CONTEMPLATES UPON THE REEMPLOYMENT OF AN INDIVIDUAL PRIOR TO THE EXPIRATION OF THE PERIOD COVERED BY A LUMP-SUM LEAVE PAYMENT THAT AN IMMEDIATE REFUND BE MADE OF THAT PORTION OF THE PAYMENT REPRESENTING THE UNEXPIRED LEAVE PERIOD. 34 COMP. GEN. 17. HENCE, WHEN MR. DEAN MAKES REFUND OF THE LEAVE PAYMENT AS REQUIRED BY THAT ACT, HIS LEAVE ACCOUNT SHOULD BE RECONSTRUCTED AS OF THE DATE OF HIS REEMPLOYMENT (AUGUST 12, 1953) TO SHOW AN ANNUAL LEAVE CREDIT OF 466 HOURS. WE ARE OF THE OPINION THAT UNDER SECTION 3 OF THE ACT OF JULY 2, 1953, PUBLIC LAW 102, MR. DEAN COULD CARRY FORWARD INTO THE NEXT LEAVE YEAR THE 466 HOUR CREDIT PLUS THE ANNUAL LEAVE ACCRUED AND UNUSED FOLLOWING HIS REEMPLOYMENT ON AUGUST 12, 1953, TO THE EXTENT THAT HIS LEAVE BALANCE WOULD NOT EXCEED 480 HOURS AT THE END OF THE 1953 LEAVE YEAR. HENCE, UNDER THE FACTS REPORTED, IT WOULD APPEAR THAT MR. DEAN COULD CARRY FORWARD INTO 1954 A LEAVE BALANCE OF 480 HOURS, WHICH FIGURE WOULD CONSTITUTE HIS ANNUAL LEAVE CEILING FOR ACCUMULATION PURPOSES UNTIL THE EXPIRATION OF ANY LEAVE YEAR THEREAFTER IN WHICH HE HAS A LESSER ANNUAL LEAVE BALANCE.

WE TRUST THAT IN THE NEAR FUTURE AN ADJUSTMENT SATISFACTORY TO MR. DEAN AND YOUR AGENCY MAY BE EFFECTED.