B-125858, NOV. 9, 1955

B-125858: Nov 9, 1955

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VETERANS ADMINISTRATION CENTER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 12. THE FACTS INVOLVED AND THE SPECIFIC QUESTIONS SUBMITTED ARE STATED IN YOUR LETTER AS FOLLOWS: "/A) MR. DUCKWORTH WAS EMPLOYED AT THIS STATION IMMEDIATELY PRIOR TO AND DURING THE PERIOD 3/13/55. GS-8G. "/B) HE WAS TERMINATED BY REDUCTION-IN-FORCE AT CLOSE OF BUSINESS 3/25/55. WAS PAID FOR 460 HOURS UNUSED ANNUAL LEAVE COVERING THE PERIOD FROM 8:00 AM 3/28/55 THROUGH 4 HOURS 6/16/55 AT THE $5370 RATE. THE PERIOD INCLUDED ONE HOLIDAY. "/C) HE WAS RE-EMPLOYED BY THE AIR FORCE. HE WAS ON THE AIR FORCE ROLLS ON 6/28/55. SINCE THERE WAS A BREAK IN SERVICE OF 11 WEEKS. IS IT PROPER TO PAY TO MR. DUCKWORTH THE RETROACTIVE SALARY DIFFERENCE BETWEEN THE $5370 AND $5780 RATES FOR THE PERIOD OF TIME HE WAS ON OUR ROLLS FROM 3/13/55 TO 3/25/55 AND FOR THE PERIOD COVERED BY THE LUMP-SUM PAYMENT.

B-125858, NOV. 9, 1955

TO MR. O. F. CARR, AUTHORIZED CERTIFYING OFFICER, VETERANS ADMINISTRATION CENTER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 12, 1955, YOUR REFERENCE 4066-4A REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT PAYROLL VOUCHER THEREWITH TRANSMITTED FOR $102.62 IN FAVOR OF JOSEPH R. DUCKWORTH. THE FACTS INVOLVED AND THE SPECIFIC QUESTIONS SUBMITTED ARE STATED IN YOUR LETTER AS FOLLOWS:

"/A) MR. DUCKWORTH WAS EMPLOYED AT THIS STATION IMMEDIATELY PRIOR TO AND DURING THE PERIOD 3/13/55--- 3/25/55 AT AN ANNUAL SALARY OF $5370, GS-8G.

"/B) HE WAS TERMINATED BY REDUCTION-IN-FORCE AT CLOSE OF BUSINESS 3/25/55, AND WAS PAID FOR 460 HOURS UNUSED ANNUAL LEAVE COVERING THE PERIOD FROM 8:00 AM 3/28/55 THROUGH 4 HOURS 6/16/55 AT THE $5370 RATE. THE PERIOD INCLUDED ONE HOLIDAY.

"/C) HE WAS RE-EMPLOYED BY THE AIR FORCE, BARKSDALE FIELD, LOUISIANA ON 6/13/55, AT WHICH TIME HE REFUNDED TO THE AIR FORCE THE AMOUNT COVERING 28 HOURS UNEXPIRED LEAVE, WHICH COVERED THE PERIOD FROM 6/13/55 THROUGH 4 HOURS 6/16/55. HE WAS ON THE AIR FORCE ROLLS ON 6/28/55.

SINCE THERE WAS A BREAK IN SERVICE OF 11 WEEKS, IS IT PROPER TO PAY TO MR. DUCKWORTH THE RETROACTIVE SALARY DIFFERENCE BETWEEN THE $5370 AND $5780 RATES FOR THE PERIOD OF TIME HE WAS ON OUR ROLLS FROM 3/13/55 TO 3/25/55 AND FOR THE PERIOD COVERED BY THE LUMP-SUM PAYMENT, MINUS 28 HOURS RE-CREDITED TO HIS ACCOUNT UPON REEMPLOYMENT, WHICH WOULD BE THROUGH 6/12/55.'

IN 31 COMP. GEN. 199, WE HELD (QUOTING THE SYLLABUS):

"UNDER THE RETROACTIVE COMPENSATION PROVISIONS OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949, AN EMPLOYEE WHO RECEIVED A LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE UPON RESIGNATION AFTER THE EFFECTIVE DATE OF THE ACT AND WHO WAS REEMPLOYED AND IN THE SERVICE OF THE UNITED STATES ON THE ENACTMENT DATE OF THE ACT IS ENTITLED TO RECEIVE A RETROACTIVE ADJUSTMENT IN COMPENSATION FOR THE PERIOD OF ACTIVE DUTY PRIOR TO THE BREAK IN SERVICE AND ALSO TO AN ADJUSTMENT IN THE LUMP-SUM PAYMENT FOR ACCRUED LEAVE.'

THE RETROACTIVE SALARY PROVISIONS IN SECTION 10 (A) OF THE ACT OF JUNE 28, 1955, 69 STAT. 179, ARE SIMILAR TO THE RETROACTIVE PROVISIONS IN SECTION 6 (B) OF THE ACT OF OCTOBER 24, 1951, 65 STAT. 615, CONSIDERED IN THE ABOVE DECISION. ACCORDINGLY, THE FOREGOING DECISION IS EQUALLY APPLICABLE TO THE QUESTIONS SUBMITTED BY YOU. IN THE ABSENCE OF OTHER OBJECTIONS AND IF PROPERLY COMPUTED, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.