B-128866, OCT. 1, 1956

B-128866: Oct 1, 1956

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WE MUST ADVISE YOU THAT THERE IS NO LEGAL BASIS FOR THE PAYMENT SOUGHT. WAS NOT A MONETARY ALLOWANCE IN ADDITION TO COMPENSATION. THE PRIVILEGE OF LEAVE WAS PERSONAL TO THE EMPLOYEE. IT WAS NOT UNTIL THE PASSAGE OF THE ACT OF DECEMBER 21. THAT PAYMENT FOR LEAVE TO THE CREDIT OF A DECEASED EMPLOYEE WAS AUTHORIZED. DOES NOT HAVE RETROACTIVE EFFECT SO AS TO BE APPLICABLE IN YOUR FATHER'S CASE. IS SUSTAINED.

B-128866, OCT. 1, 1956

TO MISS LEONIDA PANDINO:

UPON FURTHER CONSIDERATION OF YOUR CLAIM FOR A LEAVE PAYMENT ALLEGED TO BE DUE THE ESTATE OF PORFIRIO PANDINO, YOUR FATHER, A FORMER EMPLOYEE OF THE NAVY DEPARTMENT, WE MUST ADVISE YOU THAT THERE IS NO LEGAL BASIS FOR THE PAYMENT SOUGHT.

THE LEAVE AFFORDED GOVERNMENT EMPLOYEES AT THE TIME OF YOUR FATHER'S DEATH, FEBRUARY 1942, WAS NOT A MONETARY ALLOWANCE IN ADDITION TO COMPENSATION, BUT A PRIVILEGE OF BEING ABSENT FROM DUTY WITHOUT LOSS OF PAY. THE PRIVILEGE OF LEAVE WAS PERSONAL TO THE EMPLOYEE, AND DID NOT SURVIVE HIS DEATH. NO RIGHTS THEREFORE ACCRUED TO THE ESTATE OF A DECEASED EMPLOYEE BECAUSE OF LEAVE TO THE EMPLOYEE'S CREDIT. IT WAS NOT UNTIL THE PASSAGE OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, THAT PAYMENT FOR LEAVE TO THE CREDIT OF A DECEASED EMPLOYEE WAS AUTHORIZED. THAT ACT, HOWEVER, DOES NOT HAVE RETROACTIVE EFFECT SO AS TO BE APPLICABLE IN YOUR FATHER'S CASE.

ACCORDINGLY, THE SETTLEMENT OF JUNE 12, 1956, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.