B-150391, JAN. 11, 1963

B-150391: Jan 11, 1963

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YOU SAY YOU HAVE NOT SUBMITTED A PAYROLL VOUCHER. AS IS THE USUAL PROCEDURE BUT THAT MR. AS INDICATED IN YOUR LETTER THE LEGAL AID AGENCY IN THE PAST HAS TAKEN THE POSITION THAT SUCH AGENCY IS NOT SUBJECT TO THE ANNUAL AND SICK LEAVE ACT OF 1951. WE INFORMALLY HAVE ASCERTAINED FROM THE DIRECTOR. WHITSETT'S CREDIT IN THE MUNICIPAL COURT WHICH SHOULD HAVE BEEN TRANSFERRED TO THE LEGAL AID AGENCY IN JANUARY 1961. WILL BE CERTIFIED FOR TRANSFER TO THE DEPARTMENT OF COMMERCE. WE ARE IN ACCORD WITH THAT DETERMINATION. WE ARE INFORMALLY ADVISED BY OFFICIALS OF THE CIVIL SERVICE COMMISSION THAT IN OCTOBER 1960. IT WAS DETERMINED THAT SERVICE WITH THE LEGAL AID AGENCY WAS CREDITABLE FOR RETIREMENT PURPOSES.

B-150391, JAN. 11, 1963

TO MRS. MURIEL B. SCOTT, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF NOVEMBER 30, 1962, WITH ENCLOSURES, REQUESTS OUR ADVICE ON A MATTER INVOLVING THE RECREDITING AND TRANSFER OF LEAVE ACCRUED BY MR. WILBERT L. WHITSETT BECAUSE OF CONTINUOUS EMPLOYMENT WITH THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA, THE LEGAL AID AGENCY FOR THE DISTRICT OF COLUMBIA, AND THE DEPARTMENT OF COMMERCE.

YOU SAY YOU HAVE NOT SUBMITTED A PAYROLL VOUCHER, AS IS THE USUAL PROCEDURE BUT THAT MR. WHITSETT'S ATTACHED LETTER OF JUNE 13, 1962, DOES REPRESENT A CLAIM FOR TRANSFER OF LEAVE OR PAYMENT FOR SUCH ACCRUED LEAVE WHICH YOUR OFFICE WOULD NOT BE IN A POSITION TO PAY.

AS INDICATED IN YOUR LETTER THE LEGAL AID AGENCY IN THE PAST HAS TAKEN THE POSITION THAT SUCH AGENCY IS NOT SUBJECT TO THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, OR APPARENTLY ANY OTHER LEAVE SYSTEM AUTHORIZED BY LAW, AND CONSEQUENTLY, HAS NOT, ACCEPTED TRANSFER OF LEAVE FROM OTHER AGENCIES OR CERTIFIED ANY LEAVE FOR TRANSFER FROM THE LEGAL AID AGENCY.

WE INFORMALLY HAVE ASCERTAINED FROM THE DIRECTOR, LEGAL AID AGENCY, THAT HIS AGENCY HAS NOW DETERMINED TO ACCEPT TRANSFERS OF LEAVE FROM OTHER AGENCIES UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, AND THAT THE LEAVE TO MR. WHITSETT'S CREDIT IN THE MUNICIPAL COURT WHICH SHOULD HAVE BEEN TRANSFERRED TO THE LEGAL AID AGENCY IN JANUARY 1961, WILL BE CERTIFIED FOR TRANSFER TO THE DEPARTMENT OF COMMERCE. WE ARE IN ACCORD WITH THAT DETERMINATION.

CONCERNING YOUR QUESTION ABOUT SERVICE IN THE LEGAL AID AGENCY BEING CREDITABLE FOR LEAVE AND RETIREMENT PURPOSES, WE ARE INFORMALLY ADVISED BY OFFICIALS OF THE CIVIL SERVICE COMMISSION THAT IN OCTOBER 1960, IT WAS DETERMINED THAT SERVICE WITH THE LEGAL AID AGENCY WAS CREDITABLE FOR RETIREMENT PURPOSES. IT FOLLOWS THAT SUCH SERVICE ALSO WOULD BE CREDITABLE FOR LEAVE ACCRUAL PURPOSES UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED. SEE SECTION 203 (A) OF THAT ACT, 5 U.S.C. 2062.