B-152150, AUG. 19, 1963

B-152150: Aug 19, 1963

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CONCERNING THE PROPRIETY OF INCLUDING IN THE LUMP-SUM PAYMENT THE TERRITORIAL COST-OF -LIVING ALLOWANCE TO AN EMPLOYEE WHO IS SEPARATED IN PUERTO RICO. COLLETT WAS RECRUITED LOCALLY. AUTHORIZES PAYMENT TO EMPLOYEES FOR ANY ANNUAL LEAVE TO THEIR CREDIT UPON SEPARATION FROM THE SERVICE AND PROVIDES THAT "SUCH LUMP-SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE.'. COLLETT WAS SEPARATED IN PUERTO RICO. THE APPLICABLE RULE IS STATED IN OUR DECISION 29 COMP. OF EMPLOYEES WHO ARE SEPARATED FROM THE SERVICE AT POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. 28 COMP.

B-152150, AUG. 19, 1963

TO MISS AUDREY M. SANSBURY, AUTHORIZED CERTIFYING OFFICER, HOUSING AND HOME FINANCE AGENCY:

THIS REFERS TO YOUR LETTER OF JULY 29, 1963, WITH ENCLOSURES, CONCERNING THE PROPRIETY OF INCLUDING IN THE LUMP-SUM PAYMENT THE TERRITORIAL COST-OF -LIVING ALLOWANCE TO AN EMPLOYEE WHO IS SEPARATED IN PUERTO RICO.

THE INFORMATION FURNISHED SHOWN THAT MRS. AAGOT L. COLLETT A FORMER EMPLOYEE OF THE HOUSING AND HOME FINANCE AGENCY RESIGNED FROM THE PUERTO RICO REGIONAL OFFICE ON MARCH 1, 1963. MRS. COLLETT'S RESIGNATION BECAME EFFECTIVE IN PUERTO RICO AND SHE HAS RESIDED THERE SINCE HER RESIGNATION. THE SUBMISSION INDICATES THAT MRS. COLLETT WAS RECRUITED LOCALLY.

SECTION 208 (A) (1) OF THE FEDERAL PERSONNEL MANUAL, PAGE Z1-177, CONTAINING REGULATIONS GOVERNING THE PAYMENT OF TERRITORIAL POST DIFFERENTIAL AND COST-OF-LIVING ALLOWANCES, PROVIDES AS FOLLOWS:

"PAYMENTS SHALL BEGIN AS OF THE DATE OF ARRIVAL AT THE POST ON ASSIGNMENT OR TRANSFER AND SHALL END AS OF THE DATE OF DEPARTURE FROM THE POST FOR SEPARATION OR TRANSFER, EXCEPT THAT IN CASE OF LOCAL RECRUITMENT SUCH PAYMENTS SHALL BEGIN AND END AS OF THE BEGINNING AND END OF EMPLOYMENT, RESPECTIVELY.'

THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AS AMENDED, 5 U.S.C. 61B, AUTHORIZES PAYMENT TO EMPLOYEES FOR ANY ANNUAL LEAVE TO THEIR CREDIT UPON SEPARATION FROM THE SERVICE AND PROVIDES THAT "SUCH LUMP-SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE.'

SINCE MRS. COLLETT WAS SEPARATED IN PUERTO RICO, THE APPLICABLE RULE IS STATED IN OUR DECISION 29 COMP. GEN. 10, WHEREIN WE DECIDED, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

"THE "ADDITIONAL COMPENSATION" AUTHORIZED UNDER SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED, FOR EMPLOYEES STATIONED OUTSIDE THE CONTINENTAL UNITED STATES, SHOULD BE CONSIDERED IN COMPUTING THE LUMP-SUM PAYMENT FOR ANNUAL LEAVE PURSUANT TO THE ACT OF DECEMBER 21, 1944, OF EMPLOYEES WHO ARE SEPARATED FROM THE SERVICE AT POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. 28 COMP. GEN. 377; ID. 465, AMPLIFIED.'

THEREFORE, THE INDIVIDUAL REFERRED TO SHOULD HAVE HAD THE TERRITORIAL COST-OF-LIVING ALLOWANCE INCLUDED IN HER LUMP-SUM PAYMENT FOR ANNUAL LEAVE AND, IF OTHERWISE CORRECT, A VOUCHER AUTHORIZING PAYMENT OF THE AMOUNT DUE PROPERLY MAY BE CERTIFIED FOR PAYMENT.