B-146678, SEP. 18, 1961

B-146678: Sep 18, 1961

Additional Materials:

Contact:

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

 

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

RICHARDSON WAS CONTINUED IN A SICK LEAVE STATUS UPON APPLICATION FOR DISABILITY RETIREMENT AND WAS SEPARATED FROM THE SERVICE ON JULY 31. HE WAS PAID FOR ANNUAL LEAVE IN A LUMP SUM TO THE EXTENT OF HIS CEILING OF 422 HOURS PLUS 8 HOURS FOR HOLIDAY. FOR THE PURPOSE OF GRANTING UNUSED ANNUAL LEAVE ACCRUED AFTER THE BEGINNING OF THE 1960 LEAVE YEAR WHICH WAS NOT INCLUDED IN THE LUMP SUM LEAVE PAYMENT BECAUSE OF BEING IN EXCESS OF HIS LEAVE CEILING AT THE TIME OF SEPARATION ON JULY 31. THE GENERAL RULE IS THAT THE DATE OF SEPARATION BY RESIGNATION IS THE DATE TENDERED BY THE EMPLOYEE. WE HAVE PERMITTED CORRECTIVE ACTION WHEN THE CIRCUMSTANCES OF A PARTICULAR CASE SHOW THAT THE RESIGNATION HAS NOT BEEN ACCEPTED IN THE TERMS SUBMITTED OR THAT THE RESIGNATION (OR SEPARATION BY RETIREMENT) AS EXECUTED DID NOT CONFORM WITH THE INTENTION OF THE PARTIES. 21 COMP.

B-146678, SEP. 18, 1961

TO MR. JAMES J. MCLAUGHLIN, AUTHORIZED CERTIFYING OFFICER, UNITED STATES MINT SERVICE:

YOUR LETTER OF AUGUST 4, 1961, TRANSMITTED HERE BY THE ADMINISTRATIVE ASSISTANT SECRETARY ON AUGUST 14, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. GEORGE A. RICHARDSON, A FORMER EMPLOYEE OF THE UNITED STATES MINT SERVICE AT DENVER, COLORADO, COVERING ADDITIONAL COMPENSATION FROM AUGUST 1 THROUGH AUGUST 31, 1960.

THE RECORD SHOWS THAT MR. RICHARDSON WAS CONTINUED IN A SICK LEAVE STATUS UPON APPLICATION FOR DISABILITY RETIREMENT AND WAS SEPARATED FROM THE SERVICE ON JULY 31, 1960. HE WAS PAID FOR ANNUAL LEAVE IN A LUMP SUM TO THE EXTENT OF HIS CEILING OF 422 HOURS PLUS 8 HOURS FOR HOLIDAY. YOU NOW PROPOSE TO ADJUST THE DATE OF HIS SEPARATION FROM THE SERVICE TO AUGUST 31, 1960, FOR THE PURPOSE OF GRANTING UNUSED ANNUAL LEAVE ACCRUED AFTER THE BEGINNING OF THE 1960 LEAVE YEAR WHICH WAS NOT INCLUDED IN THE LUMP SUM LEAVE PAYMENT BECAUSE OF BEING IN EXCESS OF HIS LEAVE CEILING AT THE TIME OF SEPARATION ON JULY 31, 1960.

THE GENERAL RULE IS THAT THE DATE OF SEPARATION BY RESIGNATION IS THE DATE TENDERED BY THE EMPLOYEE, AND SUCH DATE MAY NOT BE CHANGED ONCE IT BECOMES AN ACCOMPLISHED FACT. 32 COMP. GEN. 111. HOWEVER, WE HAVE PERMITTED CORRECTIVE ACTION WHEN THE CIRCUMSTANCES OF A PARTICULAR CASE SHOW THAT THE RESIGNATION HAS NOT BEEN ACCEPTED IN THE TERMS SUBMITTED OR THAT THE RESIGNATION (OR SEPARATION BY RETIREMENT) AS EXECUTED DID NOT CONFORM WITH THE INTENTION OF THE PARTIES. 21 COMP. GEN. 517.

WE HAVE INFORMALLY ASCERTAINED THAT THE GENERAL RULE OF THE TREASURY DEPARTMENT IS THAT AN EMPLOYEE'S RETIREMENT BE EFFECTIVE SO AS TO GRANT HIM FULL BENEFIT OF ALL ACCRUED ANNUAL LEAVE AND ALTHOUGH MR. RICHARDSON REQUESTED SUCH ACTION WE UNDERSTAND THE DENVER MINT ERRONEOUSLY INTERPRETED THE REGULATIONS TO EXCLUDE THE GRANTING OF ACCRUED CURRENT LEAVE.

THEREFORE, SINCE THE DATE OF MR. RICHARDSON'S RETIREMENT EXPRESSED NEITHER THE INTENT OF THE AGENCY NOR THE EMPLOYEE, AND WAS ACCOMPLISHED CONTRARY TO AGENCY POLICY, WE WOULD NOT OBJECT TO ADJUSTING THE DATE OF MR. RICHARDSON'S SEPARATION TO AUGUST 31, 1960, TO PERMIT PAYMENT OF THE CURRENT ACCRUED ANNUAL LEAVE DUE HIM. 33 COMP. GEN. 85, 86; 21 ID. 517.

THE VOUCHER, WHICH TOGETHER WITH RELATED PAPERS IS RETURNED, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT. ALSO, APPROPRIATE ACTION SHOULD BE TAKEN TO NOTIFY THE CIVIL SERVICE COMMISSION OF THE MANNER IN WHICH PAYMENT IS EFFECTED SO THAT THE ANNUITY MR. RICHARDSON RECEIVED FROM AUGUST 1 TO AUGUST 31, 1960, MAY BE ADJUSTED.