B-134759, FEB. 25, 1958

B-134759: Feb 25, 1958

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THE VOUCHER IS FOR $337.54 AND REPRESENTS A REFUND OF A DEDUCTION FROM HER LUMP-SUM PAYMENT AND FINAL SALARY TO COVER A BALANCE OF UNLIQUIDATED ADVANCED SICK LEAVE. THE RECORD SHOWS 30 DAYS SICK LEAVE WAS ADVANCED TO MRS. SHE WAS NOTIFIED THAT SHE WOULD BE SEPARATED FROM HER POSITION EFFECTIVE AT THE CLOSE OF BUSINESS ON SEPTEMBER 30. DEVERY ADMITTED AN APPLICATION FOR DISABILITY RETIREMENT WHICH WAS CERTIFIED BY THE ADMINISTRATION OFFICE AND FORWARDED TO THE CIVIL SERVICE COMMISSION ON SEPTEMBER 10. THE DATE OF HER FINAL SEPARATION WAS SHOWN AS "TO BE DETERMINED.'. ONE OF THE SUPPORTING DOCUMENTS WAS A DOCTOR'S CERTIFICATE. WHICH STATED THAT IT WAS HIS OPINION THAT MRS. DEVERY WAS TOTALLY DISABLED FOR SERVICE IN HER POSITION AND THAT HER SEPARATION DATE WOULD BE AUGUST 30.

B-134759, FEB. 25, 1958

TO MR. D. C. LYNCH, AUTHORIZED CERTIFYING OFFICER, GENERAL SERVICES ADMINISTRATION:

YOUR LETTER OF DECEMBER 26, 1957, FILE CAC, REQUESTS OUR DECISION WHETHER THE ENCLOSED VOUCHER IN FAVOR OF MRS. MARY N. DEVERY MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER IS FOR $337.54 AND REPRESENTS A REFUND OF A DEDUCTION FROM HER LUMP-SUM PAYMENT AND FINAL SALARY TO COVER A BALANCE OF UNLIQUIDATED ADVANCED SICK LEAVE.

THE RECORD SHOWS 30 DAYS SICK LEAVE WAS ADVANCED TO MRS. DEVERY BEGINNING MAY 23, 1956. ON AUGUST 29, 1957, SHE WAS NOTIFIED THAT SHE WOULD BE SEPARATED FROM HER POSITION EFFECTIVE AT THE CLOSE OF BUSINESS ON SEPTEMBER 30, 1957, BECAUSE OF A REDUCTION IN FORCE. ALSO, ON AUGUST 29, 1957, MRS. DEVERY ADMITTED AN APPLICATION FOR DISABILITY RETIREMENT WHICH WAS CERTIFIED BY THE ADMINISTRATION OFFICE AND FORWARDED TO THE CIVIL SERVICE COMMISSION ON SEPTEMBER 10, 1957, WITH SUPPORTING DOCUMENTS. THE DATE OF HER FINAL SEPARATION WAS SHOWN AS "TO BE DETERMINED.' ONE OF THE SUPPORTING DOCUMENTS WAS A DOCTOR'S CERTIFICATE, DATED AUGUST 21, 1957, WHICH STATED THAT IT WAS HIS OPINION THAT MRS. DEVERY WAS TOTALLY DISABLED FOR SERVICE IN HER POSITION AND THAT HER SEPARATION DATE WOULD BE AUGUST 30, 1957. MRS. DEVERY WAS SEPARATED FROM THE SERVICE ON SEPTEMBER 30, 1957. ON OCTOBER 16, 1957, THE ADMINISTRATIVE OFFICE RECEIVED A NOTIFICATION FROM THE CIVIL SERVICE COMMISSION DATED OCTOBER 9 STATING MRS. DEVERY HAD BEEN FOUND TO BE TOTALLY DISABLED. AT THE TIME OF HER SEPARATION SHE HAD A BALANCE OF 71 HOURS ACCUMULATED ANNUAL LEAVE AND 104 HOURS OF UNLIQUIDATED ADVANCED SICK LEAVE. THE ANNUAL LEAVE WAS APPLIED TO THE UNLIQUIDATED ADVANCED SICK LEAVE, LEAVING A BALANCE OF 33 HOURS WHICH WAS LIQUIDATED BY A DEDUCTION FROM HER FINAL SALARY DUE FOR SERVICES.

THE CHIEF OF THE BUDGET DIVISION CERTIFIED THAT MRS. DEVERY HAD DISCUSSED HER RETIREMENT WITH HIM AS EARLY AS SEPTEMBER 1956 UPON HER RETURN TO DUTY FROM ILLNESS. AT THAT TIME SHE DID NOT KNOW WHETHER SHE WOULD HAVE THE PHYSICAL STAMINA TO CONTINUE WORK. SHE INFORMALLY ADVISED HIM DURING JANUARY 1957 THAT HER RETIREMENT WOULD TAKE PLACE SOME TIME AFTER JUNE 30 BUT DUE TO THE PRESSURE OF BUDGET WORK SHE CONSENTED TO REMAIN ON DUTY AT LEAST UNTIL SEPTEMBER 30.

SECTION 30.206 OF THE ANNUAL AND SICK LEAVE REGULATIONS, PAGE L-1 26, OF THE FEDERAL PERSONNEL MANUAL, REQUIRES GENERALLY THAT A PERSON INDEBTED FOR EXCESS LEAVE MUST MAKE REFUND THEREFOR UPON SEPARATION, BUT PROVIDES FURTHER, THAT THE SECTION SHALL NOT APPLY IN CASES OF DEATH, RETIREMENT FOR DISABILITY, OR ANY CASE IN WHICH THE EMPLOYEE IS UNABLE TO RETURN TO DUTY BECAUSE OF DISABILITY, EVIDENCE OF WHICH SHALL BE SUPPORTED BY AN ACCEPTABLE MEDICAL CERTIFICATE.

UPON THE FACTS AS STATED ABOVE, WE WOULD, WITH ADMINISTRATIVE CONCURRENCE, INTERPOSE NO OBJECTION TO REGARDING MRS. DEVERY'S SEPARATION AS BEING DUE TO RETIREMENT FOR DISABILITY. THEREFORE, UPON THE BASIS OF THE SUBMITTED FACTS AND WITH YOUR AGENCY'SAGREEMENT, THE VOUCHER, AND RELATED PAPERS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT. A CITATION TO THIS DECISION SHOULD BE PLACED ON THE VOUCHER.