B-129848, DECEMBER 6, 1956, 36 COMP. GEN. 459

B-129848: Dec 6, 1956

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RETIRED EMPLOYEES REEMPLOYED - LUMP-SUM LEAVE PAYMENTS - ANNUITY DEDUCTIONS - PAYMENT PROCEDURE RETIREMENT ANNUITY DEDUCTIONS WHICH WERE MADE FROM LUMP-SUM LEAVE PAYMENTS ON FINAL SEPARATION OF MANDATORILY RETIRED EMPLOYEES AND WHICH ARE PAYABLE. TO ALL FORMER EMPLOYEES WHO WERE SEPARATED BETWEEN DECEMBER 15. PROVIDED THE CURRENT ADDRESSES ARE ASCERTAINED BEFORE ISSUANCE AND DELIVERY OF THE CHECKS. REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE PAYROLL VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENTS TO VARIOUS INDIVIDUALS RECEIVING RETIREMENT ANNUITIES WHO WERE SEPARATED AFTER REEMPLOYMENT BETWEEN DECEMBER 15. WERE PAID FOR THEIR ACCUMULATED ANNUAL LEAVE AT THE APPLICABLE SALARY RATES OF THEIR GRADES REDUCED BY THE AMOUNT OF THEIR RESPECTIVE ANNUITIES.

B-129848, DECEMBER 6, 1956, 36 COMP. GEN. 459

RETIRED EMPLOYEES REEMPLOYED - LUMP-SUM LEAVE PAYMENTS - ANNUITY DEDUCTIONS - PAYMENT PROCEDURE RETIREMENT ANNUITY DEDUCTIONS WHICH WERE MADE FROM LUMP-SUM LEAVE PAYMENTS ON FINAL SEPARATION OF MANDATORILY RETIRED EMPLOYEES AND WHICH ARE PAYABLE, PURSUANT TO SECTION 13 (B) OF THE CIVIL SERVICE RETIREMENT ACT, TO ALL FORMER EMPLOYEES WHO WERE SEPARATED BETWEEN DECEMBER 15, 1953, AND OCTOBER 1, 1956, MAY BE PAID BY THE ADMINISTRATIVE AGENCIES WITHOUT THE SUBMISSION OF A FORMAL CLAIM BY THE INDIVIDUAL, PROVIDED THE CURRENT ADDRESSES ARE ASCERTAINED BEFORE ISSUANCE AND DELIVERY OF THE CHECKS.

TO L. P. KELLS, HOUSING AND HOME FINANCE AGENCY, DECEMBER 6, 1956:

YOUR LETTER OF RECENT DATE, RECEIVED HERE NOVEMBER 21, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE PAYROLL VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENTS TO VARIOUS INDIVIDUALS RECEIVING RETIREMENT ANNUITIES WHO WERE SEPARATED AFTER REEMPLOYMENT BETWEEN DECEMBER 15, 1953, AND OCTOBER 1, 1956, AND WERE PAID FOR THEIR ACCUMULATED ANNUAL LEAVE AT THE APPLICABLE SALARY RATES OF THEIR GRADES REDUCED BY THE AMOUNT OF THEIR RESPECTIVE ANNUITIES.

SECTION 13 (B) OF THE CIVIL SERVICE RETIREMENT ACT, 70 STAT. 743, 757, 5 U.S.C. 2263, GRANTS TO SUCH EMPLOYEES THE RIGHT TO PAYMENT FOR THEIR ACCUMULATED ANNUAL LEAVE AT THEIR FULL SALARY RATE WITHOUT REDUCTION BY THE AMOUNT OF THEIR ANNUITIES. B-119962, OCTOBER 30, 1956, 36 COMP. GEN. 340. THE ONLY QUESTION PRESENTED BY YOUR SUBMISSION IS WHETHER THESE PAYMENTS MAY BE MADE WITHOUT THE INDIVIDUALS FILING CLAIMS FOR THE AMOUNTS INVOLVED.

IN VIEW OF THE RELATIVELY SHORT TIME ELAPSING BETWEEN THE ORIGINAL PAYMENTS AND THE PROPOSED ADDITIONAL PAYMENTS AND THE FACT THAT THIS RIGHT IS EXPRESSLY GIVEN BY STATUTE, THERE WOULD APPEAR TO BE NO NECESSITY TO AWAIT THE FILING OF CLAIMS BY THE INDIVIDUALS CONCERNED. CF. 32 COMP. GEN. 675. HOWEVER, THE CURRENT ADDRESSES OF THE PERSONS ENTITLED SHOULD BE ASCERTAINED BEFORE ISSUANCE AND DELIVERY OF THE CHECKS. SEE 31 COMP. GEN. 166, 173.

THE VOUCHER IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.