B-135047, MAR. 5, 1958

B-135047: Mar 5, 1958

Additional Materials:

Contact:

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

 

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

REQUESTS A DECISION ON THE LEGALITY OF PAYMENT OF AN ATTACHED PAYROLL WHICH IS STATED IN FAVOR OF WILLIAM P. THE PERTINENT FACTS REPORTED BY YOU ARE THAT MR. PROVIDES IN EFFECT THAT AS LONG AS AN EMPLOYEE IS IN RECEIPT OF DISABILITY COMPENSATION UNDER THE ACT OR. UNTIL THE EXPIRATION OF THE PERIOD DURING WHICH SUCH INSTALLMENT PAYMENTS WOULD HAVE CONTINUED. PROVIDES THAT IF AT THE TIME THE DISABILITY BEGINS THE EMPLOYEE HAS ANNUAL OR SICK LEAVE TO HIS CREDIT HE MAY USE SUCH LEAVE UNTIL IT IS EXHAUSTED. CONSIDERING THE INHIBITION AGAINST PAYMENTS OF DISABILITY COMPENSATION WHERE THERE IS AN ELECTION TO USE ANNUAL AND SICK LEAVE UNTIL SUCH LEAVE IS EXHAUSTED IN SECTION 8 OF THE ACT AND THE PROHIBITION OF CONCURRENT PAYMENTS OF DISABILITY COMPENSATION AND OTHER REMUNERATION IN SECTION 7 (A) "EXCEPT IN RETURN FOR SERVICES ACTUALLY PERFORMED.

B-135047, MAR. 5, 1958

TO AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF JANUARY 22, 1958, REQUESTS A DECISION ON THE LEGALITY OF PAYMENT OF AN ATTACHED PAYROLL WHICH IS STATED IN FAVOR OF WILLIAM P. CADY FOR A GROSS AMOUNT OF $137.17.

THE PERTINENT FACTS REPORTED BY YOU ARE THAT MR. CADY RECEIVED COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT FROM MARCH 1 TO SEPTEMBER 1, 1957, BECAUSE OF AN INJURY SUSTAINED ON JUNE 19, 1956, WHILE PERFORMING OFFICIAL DUTIES AS A PLUMBER-PIPEFITTER. AS OF SEPTEMBER 1, 1957, THE BUREAU OF EMPLOYEES' COMPENSATION TERMINATED THE COMPENSATION PAYMENTS AND APPROVED A SCHEDULED AWARD OF $84.22 PER WEEK TO BE PAID UNTIL JUNE 17, 1959. THE PROPOSED PAYMENT WOULD REPRESENT ANNUAL LEAVE COMPUTED OVER THE PERIOD DECEMBER 27, 1957, THROUGH JANUARY 3, 1958, AND INCLUDES 12 HOURS' PAY FOR THE HOLIDAYS, DECEMBER 31, 1957, AND JANUARY 1, 1958.

SECTION 7 (A) OF THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED, 5 U.S.C. 757, PROVIDES IN EFFECT THAT AS LONG AS AN EMPLOYEE IS IN RECEIPT OF DISABILITY COMPENSATION UNDER THE ACT OR, IF HE HAS BEEN PAID A LUMP- SUM IN COMMUTATION OF INSTALLMENT PAYMENTS, UNTIL THE EXPIRATION OF THE PERIOD DURING WHICH SUCH INSTALLMENT PAYMENTS WOULD HAVE CONTINUED, HE SHALL NOT BE ENTITLED TO RECEIVE FROM THE UNITED STATES ANY OTHER SALARY, PAY, OR REMUNERATION WHATSOEVER, EXCEPT IN RETURN FOR SERVICES ACTUALLY PERFORMED, AND EXCEPT PENSION FOR SERVICES IN THE ARMY OR NAVY OF THE UNITED STATES. SECTION 8 OF THE COMPENSATION ACT, AS AMENDED, 5 U.S.C. 758, PROVIDES THAT IF AT THE TIME THE DISABILITY BEGINS THE EMPLOYEE HAS ANNUAL OR SICK LEAVE TO HIS CREDIT HE MAY USE SUCH LEAVE UNTIL IT IS EXHAUSTED, IN WHICH CASE HIS DISABILITY COMPENSATION SHALL NOT BEGIN TO RUN UNTIL THE ANNUAL OR SICK LEAVE HAS CEASED.

PAYMENTS FOR ANNUAL LEAVE IN A CERTAIN SENSE REPRESENT COMPENSATION FOR SERVICES PREVIOUSLY RENDERED. HOWEVER, CONSIDERING THE INHIBITION AGAINST PAYMENTS OF DISABILITY COMPENSATION WHERE THERE IS AN ELECTION TO USE ANNUAL AND SICK LEAVE UNTIL SUCH LEAVE IS EXHAUSTED IN SECTION 8 OF THE ACT AND THE PROHIBITION OF CONCURRENT PAYMENTS OF DISABILITY COMPENSATION AND OTHER REMUNERATION IN SECTION 7 (A) "EXCEPT IN RETURN FOR SERVICES ACTUALLY PERFORMED," WE CONCLUDE THAT THE CONGRESS DID NOT AUTHORIZE THE PAYMENT OF LEAVE FOR PERIODS FOR WHICH THE EMPLOYEE ALSO WAS IN RECEIPT OF DISABILITY COMPENSATION, THAT IS, FOR THIS PURPOSE THE CONGRESS DID NOT REGARD PAYMENT FOR ANNUAL LEAVE AS SYNONYMOUS WITH REMUNERATION FOR SERVICES ACTUALLY PERFORMED. ACCORDINGLY, THE PAYROLL, WHICH IS RETURNED, MAY NOT LEGALLY BE CERTIFIED FOR PAYMENT. SEE, IN THIS CONNECTION, 29 COMP. GEN. 73, ID. 296.