B-125665, NOV. 9, 1955

B-125665: Nov 9, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ROHWEDDER: REFERENCE IS MADE TO LETTER DATED AUGUST 25. THE CLAIM WAS DISALLOWED FOR THE REASON THAT SECTION 4 (A) OF THE ACT OF JULY 2. WHICHEVER IS GREATER. SINCE YOU WERE PAID FOR 476 HOURS OF ANNUAL LEAVE CARRIED OVER ON JANUARY 1. - WHICH IS GREATER THAN 30 DAYS . IT IS STATED IN THE LETTER OF AUGUST 25. THAT YOU ARE ENTITLED TO THIS LEAVE SINCE YOU WERE NOT ABLE TO TAKE IT UNTIL DECEMBER 1954. YOU HAD ACCUMULATED 476 HOURS OF ANNUAL LEAVE WHICH WAS THE MAXIMUM ANNUAL LEAVE FOR WHICH YOU COULD RECEIVE A LUMP-SUM PAYMENT UNDER SECTION 4 (A) OF THE ACT OF JULY 2. IT IS CLEAR THAT ANY LEAVE ACCRUED DURING THE YEAR 1954 WOULD HAVE TO BE TAKEN PRIOR TO THE TIME YOU WERE SEPARATED FROM THE SERVICE.

B-125665, NOV. 9, 1955

TO MR. CLARENCE J. ROHWEDDER:

REFERENCE IS MADE TO LETTER DATED AUGUST 25, 1955, WRITTEN IN YOUR BEHALF BY MR. QUENTIN L. HOUSEHOLDER, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 16, 1955, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL LUMP-SUM LEAVE PAYMENT TO COVER LEAVE ACCRUED DURING THE CALENDAR YEAR 1954, UPON YOUR MANDATORY RETIREMENT FOR AGE EFFECTIVE NOVEMBER 30, 1954, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE CLAIM WAS DISALLOWED FOR THE REASON THAT SECTION 4 (A) OF THE ACT OF JULY 2, 1953, 67 STAT. 137, LIMITS LUMP-SUM PAYMENTS IN SEPARATION OR RETIREMENT CASES AFTER AUGUST 31, 1953, TO 30 DAYS OR THE ACCUMULATION BROUGHT FORWARD AT THE BEGINNING OF THE YEAR, WHICHEVER IS GREATER. SINCE YOU WERE PAID FOR 476 HOURS OF ANNUAL LEAVE CARRIED OVER ON JANUARY 1, 1954--- WHICH IS GREATER THAN 30 DAYS -- PLUS 8 HOURS' HOLIDAY PAY, YOU RECEIVED THE MAXIMUM ALLOWED UNDER THE ACT.

IT IS STATED IN THE LETTER OF AUGUST 25, 1955, THAT YOU ARE ENTITLED TO THIS LEAVE SINCE YOU WERE NOT ABLE TO TAKE IT UNTIL DECEMBER 1954, AND UNDER THE LEAVE LAW YOU WOULD LOSE YOUR CURRENT ACCRUED LEAVE ONLY IF YOU DID NOT USE IT PRIOR TO DECEMBER 31, 1954. AS PREVIOUSLY STATED, ON JANUARY 1, 1954, YOU HAD ACCUMULATED 476 HOURS OF ANNUAL LEAVE WHICH WAS THE MAXIMUM ANNUAL LEAVE FOR WHICH YOU COULD RECEIVE A LUMP-SUM PAYMENT UNDER SECTION 4 (A) OF THE ACT OF JULY 2, 1953. IT IS CLEAR THAT ANY LEAVE ACCRUED DURING THE YEAR 1954 WOULD HAVE TO BE TAKEN PRIOR TO THE TIME YOU WERE SEPARATED FROM THE SERVICE. MOREOVER, THERE IS NO PROVISION OF LAW FOR PAYMENT OF ANNUAL LEAVE WHICH THE EMPLOYEE FAILED TO TAKE OR WAS NOT PERMITTED TO TAKE DUE TO EXIGENCIES OF THE SERVICE.

SECTION 2 (A) OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, AS AMENDED BY THE ACT OF FEBRUARY 28, 1948, 62 STAT. 48, 5 U.S.C. 715, PROVIDES:

"* * * ANY OFFICER OR EMPLOYEE TO WHOM THIS ACT APPLIES WHO SHALL HAVE COMPLETED FIFTEEN YEARS OF SERVICE COMPUTED AS PROVIDED IN SECTION 707 OF THIS TITLE SHALL, ON THE LAST DAY OF THE MONTH IN WHICH HE ATTAINS THE AGE OF SEVENTY YEARS, OR COMPLETES FIFTEEN YEARS OF SERVICE IF THEN BEYOND SUCH AGE, BE AUTOMATICALLY SEPARATED FROM THE SERVICE, AND ALL SALARY, PAY, OR COMPENSATION SHALL CEASE FROM THAT DATE * * *.'

SINCE SECTION 2 (A) OF THE CIVIL SERVICE RETIREMENT ACT, AS AMENDED, REQUIRED THAT YOUR SEPARATION BE EFFECTIVE AT THE CLOSE OF BUSINESS ON NOVEMBER 30, 1954, THERE IS NO AUTHORITY OF LAW UNDER WHICH YOU COULD BE RETAINED ON THE ROLLS OF THE AGENCY THROUGH THE MONTH OF DECEMBER 1954, IN ORDER TO COMPENSATE YOU FOR THE LEAVE WHICH YOU ACCUMULATED DURING THE 1954 LEAVE YEAR.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 16, 1955, WAS CORRECT AND IS SUSTAINED.