B-154075, MAY 26, 1964

B-154075: May 26, 1964

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WHICH WAS DISALLOWED BY OFFICE SETTLEMENT DATED APRIL 9. CERTAIN PREVIOUSLY UNCREDITED SERVICE WAS DISCOVERED. FROM THE END OF LEAVE YEAR 1954 YOU WERE SUBJECT TO THE MAXIMUM ACCUMULATION RESTRICTION OF 240 HOURS SPECIFIED IN SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. ANY LEAVE OVER THE MAXIMUM ACCUMULATION PERMISSIBLE WHICH HAS ACCRUED BUT HAS NOT BEEN USED IS FORFEITED BY OPERATION OF LAW AT THE END OF THE LEAVE YEAR. THERE IS NO LEGAL BASIS TO MAKE PAYMENT FOR LEAVE SO FORFEITED. THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS HEREBY SUSTAINED.

B-154075, MAY 26, 1964

TO MRS. SUSAN E. PARSONS:

YOUR LETTER OF APRIL 14, 1964, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR PAYMENT FOR ANNUAL LEAVE ACCRUED AT THE TIME OF YOUR RETIREMENT FROM GOVERNMENT SERVICE ON JANUARY 10, 1962, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT DATED APRIL 9, 1964.

IN A REVIEW OF YOUR RECORDS PRIOR TO RETIREMENT, CERTAIN PREVIOUSLY UNCREDITED SERVICE WAS DISCOVERED. CREDITING OF THIS SERVICE CHANGED THE DATE OF THE COMPLETION OF THE 15 YEARS SERVICE REQUIRED FOR LEAVE ACCRUAL AT THE RATE OF 8 HOURS EACH BIWEEKLY PAY PERIOD TO AN EARLIER DATE (APRIL 15, 1954) THAN HAD BEEN USED FOR THE CHANGE FROM THE LOWER LEAVE ACCRUAL CATEGORY TO THE HIGHER LEAVE ACCRUAL CATEGORY.

FROM THE END OF LEAVE YEAR 1954 YOU WERE SUBJECT TO THE MAXIMUM ACCUMULATION RESTRICTION OF 240 HOURS SPECIFIED IN SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, CH. 631, 65 STAT. 679, AS AMENDED, 5 U.S.C. 2062 (C), DUE TO THE USE OF A SUBSTANTIAL PORTION OF THE EXCESS LEAVE CARRIED OVER FROM THE PREVIOUS LEAVE YEAR. IN THAT REGARD, THE RECORD SHOWS THAT AT THE END OF THE 1954 LEAVE YEAR YOUR ANNUAL LEAVE CREDIT HAD BEEN REDUCED TO 87 HOURS (LATER READJUSTED TO 119 HOURS).

REVISION AND CORRECTION OF YOUR LEAVE ACCOUNT RESULTED IN YOUR LEAVE BALANCE AT THE END OF 1956 AND LATER YEARS EXCEEDING THE 240-HOUR RESTRICTION. ANY LEAVE OVER THE MAXIMUM ACCUMULATION PERMISSIBLE WHICH HAS ACCRUED BUT HAS NOT BEEN USED IS FORFEITED BY OPERATION OF LAW AT THE END OF THE LEAVE YEAR. THUS, THERE IS NO LEGAL BASIS TO MAKE PAYMENT FOR LEAVE SO FORFEITED, NOTWITHSTANDING THAT THE FORFEITURE RESULTS FROM ADMINISTRATIVE ERROR IN CREDITING LEAVE. 36 COMP. GEN. 596, COPY ENCLOSED. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS HEREBY SUSTAINED.