B-144565, JANUARY 11, 1961, 40 COMP. GEN. 412

B-144565: Jan 11, 1961

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CIVILIAN PERSONNEL - LEAVES OF ABSENCE - AGRICULTURE COUNTRY COMMITTEE SERVICE NOTWITHSTANDING THAT EMPLOYEES OF COUNTY COMMITTEES ESTABLISHED UNDER SECTION 8 (B) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT ARE NOW COVERED BY THE CIVIL SERVICE RETIREMENT ACT AND THEIR AGRICULTURE SERVICE PRIOR TO COVERAGE IS CREDITABLE FOR RETIREMENT PURPOSES UNDER 5 U.S.C. 2252 (H) (3). AGRICULTURAL COUNTY COMMITTEE EMPLOYEES ARE NOT EMPLOYEES OF THE FEDERAL GOVERNMENT FOR LEAVE ACCRUAL AND. IF SUCH EMPLOYEES ARE SUBSEQUENTLY EMPLOYED IN THE FEDERAL SERVICE. THE AGRICULTURE COUNTY COMMITTEE SERVICE IS NOT CREDITABLE IN DETERMINATION OF ANNUAL LEAVE ACCRUAL RIGHTS. THE EMPLOYEE SHALL HAVE DEPOSITED * * * A SUM EQUAL TO THE AGGREGATE OF THE AMOUNTS WHICH WOULD HAVE BEEN DEDUCTED FROM HIS BASIC SALARY DURING THE PERIOD OF SERVICE CLAIMED UNDER THIS PARAGRAPH IF DURING SUCH PERIOD HE HAD BEEN SUBJECT TO THIS ACT.

B-144565, JANUARY 11, 1961, 40 COMP. GEN. 412

CIVILIAN PERSONNEL - LEAVES OF ABSENCE - AGRICULTURE COUNTRY COMMITTEE SERVICE NOTWITHSTANDING THAT EMPLOYEES OF COUNTY COMMITTEES ESTABLISHED UNDER SECTION 8 (B) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT ARE NOW COVERED BY THE CIVIL SERVICE RETIREMENT ACT AND THEIR AGRICULTURE SERVICE PRIOR TO COVERAGE IS CREDITABLE FOR RETIREMENT PURPOSES UNDER 5 U.S.C. 2252 (H) (3), NEITHER SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951 NOR SECTION 3 OF THE CIVIL SERVICE RETIREMENT ACT MAKES SERVICE OTHER THAN FEDERAL GOVERNMENT SERVICE (EXCEPT SERVICE WITH THE PAN AMERICAN SANITARY BUREAU) CREDITABLE FOR LEAVE ACCRUAL PURPOSES; THEREFORE, AGRICULTURAL COUNTY COMMITTEE EMPLOYEES ARE NOT EMPLOYEES OF THE FEDERAL GOVERNMENT FOR LEAVE ACCRUAL AND, IF SUCH EMPLOYEES ARE SUBSEQUENTLY EMPLOYED IN THE FEDERAL SERVICE, THE AGRICULTURE COUNTY COMMITTEE SERVICE IS NOT CREDITABLE IN DETERMINATION OF ANNUAL LEAVE ACCRUAL RIGHTS.

TO THE SECRETARY OF AGRICULTURE, JANUARY 11, 1961:

ON DECEMBER 1, 1960, THE ADMINISTRATION ASSISTANT SECRETARY REQUESTED OUR DECISION WHETHER THE CREDITABLE SERVICE FOR ANNUAL LEAVE ACCRUAL OF CERTAIN EMPLOYEES OF YOUR DEPARTMENT UNDER SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, 5 U.S.C. 2062 (A), SHOULD INCLUDE THE SERVICE OF SUCH EMPLOYEES WITH AGRICULTURAL STABILIZATION AND CONSERVATION COUNTY COMMITTEES.

SECTION 115 (B) (1) OF THE FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1960, 74 STAT. 302, 5 U.S.C. 2252 (H), AMENDS SECTION 2 OF THE CIVIL SERVICE RETIREMENT ACT, AS AMENDED BY THE CIVIL SERVICE RETIREMENT ACT AMENDMENTS OF 1956, 70 STAT. 743, 5 U.S.C. 2252, TO EXTEND THE COVERAGE OF THAT ACT TO AGRICULTURAL STABILIZATION AND CONSERVATION COUNTY COMMITTEE EMPLOYEES. SUBSECTION 2 (H) (3) OF THAT AMENDMENT, 5 U.S.C. 2252 (H), PROVIDES:

(3) SERVICE RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT AS AN EMPLOYEE OF A COUNTY COMMITTEE ESTABLISHED PURSUANT TO SECTION 8 (B) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT (16 U.S.C. 590H (B) ( SHALL BE INCLUDED IN COMPUTING LENGTH OF CREDITABLE SERVICE FOR THE PURPOSES OF THIS ACT ONLY (A) IF THE EMPLOYEE HAS TO HIS CREDIT A TOTAL PERIOD OF NOT LESS THAN FIVE YEARS OF ALLOWABLE SERVICE UNDER THIS ACT (INCLUDING SERVICE ALLOWABLE UNDER THIS AMENDMENT) AND (B) IF, WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE EMPLOYEE SHALL HAVE DEPOSITED * * * A SUM EQUAL TO THE AGGREGATE OF THE AMOUNTS WHICH WOULD HAVE BEEN DEDUCTED FROM HIS BASIC SALARY DURING THE PERIOD OF SERVICE CLAIMED UNDER THIS PARAGRAPH IF DURING SUCH PERIOD HE HAD BEEN SUBJECT TO THIS ACT.

SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951 PROVIDES IN PART:

IN DETERMINING YEARS OF SERVICE FOR THE PURPOSE OF THIS SUBSECTION, THERE SHALL BE INCLUDED ALL SERVICE CREDITABLE UNDER THE PROVISIONS OF SECTION 5 OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, AS AMENDED, FOR THE PURPOSES OF AN ANNUITY UNDER SUCH ACT AND THE DETERMINATION OF THE PERIOD OF SERVICE RENDERED MAY BE MADE UPON THE BASIS OF THE AFFIDAVIT OF THE EMPLOYEE. * * * CONCERNING A PROVISION IDENTICAL WITH SECTION 203 (A) QUOTED ABOVE, WHICH APPEARED IN S. 832, 82D CONGRESS, THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, U.S. SENATE, SAID AT PAGE 6 OF S. REPT. NO. 546, 82D CONGRESS, ON S. 832:

SPECIFICALLY, IT IS THE INTENT OF THE COMMITTEE THAT MILITARY SERVICE, PRIOR GOVERNMENT SERVICE IN THE SAME OR OTHER GOVERNMENT DEPARTMENT OR AGENCY, TOGETHER WITH CURRENT SERVICE, SHALL BE COUNTED IN DETERMINING IN WHICH LEAVE SCALE AN EMPLOYEE SHALL BE INCLUDED. * * * THE SENATE ON JULY 17, 1951, SUBSTITUTED THE LANGUAGE OF S. 832 FOR THAT OF H.R. 3605, AND PASSED THE LATTER NUMBERED BILL WHICH HAD PREVIOUSLY BEEN PASSED BY THE HOUSE OF REPRESENTATIVES. SEE PAGE 8468, 97 CONG. REC. 8279 (1951). THAT AMENDMENT WAS NOT AGREED TO BY THE HOUSE OF REPRESENTATIVES. HOWEVER, THE WORDING OF H.R. 3605, AS AMENDED BY THE SENATE (FORMERLY S. 832), WAS LATER INCORPORATED AS TITLE II OF S. 1046, WHICH BECAME THE ANNUAL AND SICK LEAVE ACT OF 1951. SEE PAGES 11234 AND 11236, 97 CONG. REC. 11011 (1951).

SECTION 3 OF THE CIVIL SERVICE RETIREMENT ACT, 5 U.S.C. 2253, WHICH CONTAINS PROVISIONS FORMERLY CONTAINED IN SECTION 5 OF THE ACT OF MAY 29, 1930, 5 U.S.C. 707 (1952 USED.), PROVIDES IN PART:

AN EMPLOYEE'S SERVICE FOR THE PURPOSES OF THIS CHAPTER INCLUDING SERVICE AS A SUBSTITUTE IN THE POSTAL SERVICE SHALL BE CREDITED FROM THE DATE OF ORIGINAL EMPLOYMENT TO THE DATE OF THE SEPARATION UPON WHICH TITLE TO ANNUITY IS BASED IN THE CIVILIAN SERVICE OF THE GOVERNMENT. * * *

THE CREDITABLE SERVICE COVERED BY SECTION 3 (FORMERLY SECTION 5 OF THE RETIREMENT ACT) OBVIOUSLY REFERS TO SERVICE IN THE GOVERNMENT--- EXCEPT SERVICE WITH THE PAN AMERICAN SANITARY BUREAU WHICH IS SPECIFICALLY INCLUDED IN THAT SECTION. SEE ALSO SECTION 1 (K) OF THE ACT (5 U.S.C. 2251K). ALTHOUGH COUNTY COMMITTEE EMPLOYEES ARE NOW COVERED BY THE CIVIL SERVICE RETIREMENT ACT, AND UNDER SECTION 2 (H) THEREOF, 5 U.S.C. 2252 (H), EMPLOYMENT BY SUCH COMMITTEES IS CREDITABLE FOR RETIREMENT PURPOSES, SUCH EMPLOYEES ARE NOT EMPLOYEES OF THE FEDERAL GOVERNMENT. THUS, NEITHER SECTION 3 OF THE CIVIL SERVICE RETIREMENT ACT NOR SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, MAKES SERVICE OTHER THAN FEDERAL GOVERNMENT SERVICE (EXCEPT SERVICE WITH THE PAN AMERICAN SANITARY BUREAU) CREDITABLE FOR LEAVE ACCRUAL PURPOSES.

FOR THE REASONS STATED THE EMPLOYEES OF YOUR DEPARTMENT WHO HAVE PRIOR SERVICE WITH COUNTY COMMITTEES ARE NOT ENTITLED TO COUNT SUCH SERVICE IN DETERMINING THEIR RIGHT TO ANNUAL LEAVE ACCRUALS.