B-142450, APR. 18, 1960

B-142450: Apr 18, 1960

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YOU SAY THAT THE PAYMENT ALREADY MADE FOR THE ANNUAL LEAVE WAS COMPUTED WITHOUT THE DIFFERENTIAL. YOU EXPRESS DOUBT THAT PAYMENT WITHOUT THE DIFFERENTIAL WAS PROPER. WAS ENTITLED. IF HE WAS RECEIVING SUCH DIFFERENTIAL AT THE TIME OF SEPARATION. TO HAVE IT INCLUDED IN THE LUMP SUM PAYMENT FOR ANNUAL LEAVE. SINCE THE EMPLOYEE HERE WAS SEPARATED BY DEATH OVERSEAS AND WAS RECEIVING A DIFFERENTIAL AT THE TIME OF DEATH.

B-142450, APR. 18, 1960

TO MR. P. S. SHINN, JR., AUTHORIZED CERTIFYING OFFICER, BUREAU OF PUBLIC ROADS:

YOUR LETTER OF MARCH 30, 1960, SUBMITS A VOUCHER FOR $483.63, REPRESENTING THE DIFFERENCE BETWEEN A LUMP SUM PAYMENT FOR ANNUAL LEAVE COMPUTED UPON THE BASE PAY, AND THE BASE PAY PLUS THE FOREIGN POST DIFFERENTIAL, IN THE CASE OF AN EMPLOYEE WHO DIED OVERSEAS.

YOU SAY THAT THE PAYMENT ALREADY MADE FOR THE ANNUAL LEAVE WAS COMPUTED WITHOUT THE DIFFERENTIAL, BUT IN VIEW OF OUR DECISION B 137579, NOVEMBER 20, 1958, YOU EXPRESS DOUBT THAT PAYMENT WITHOUT THE DIFFERENTIAL WAS PROPER. WE HELD IN THAT DECISION THAT AN EMPLOYEE SEPARATED OVERSEAS UNDER THE PROVISIONS OF THE ACT OF DECEMBER 21, 1944, AS AMENDED, 5 U.S.C. 61B, WAS ENTITLED, IF HE WAS RECEIVING SUCH DIFFERENTIAL AT THE TIME OF SEPARATION, TO HAVE IT INCLUDED IN THE LUMP SUM PAYMENT FOR ANNUAL LEAVE-- - CITING 32 COMP. GEN. 323; 29 ID. 10; AND 28 ID. 465.

SINCE THE EMPLOYEE HERE WAS SEPARATED BY DEATH OVERSEAS AND WAS RECEIVING A DIFFERENTIAL AT THE TIME OF DEATH, THE PRINCIPLE IN THE FOREGOING DECISION WOULD BE FOR APPLICATION HERE. THEREFORE, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.