B-155054, OCT. 12, 1964

B-155054: Oct 12, 1964

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WHICH WAS DISALLOWED BY OFFICE SETTLEMENT OF SEPTEMBER 15. FOUND THAT YOU WERE TOTALLY DISABLED WITHIN THE MEANING OF THE CIVIL SERVICE RETIREMENT ACT UPON YOUR SEPARATION ON JULY 30. SICK LEAVE IS GRANTED IN KIND. IT IS A LONG-ESTABLISHED RULE THAT THE DATE OF SEPARATION MAY NOT BE CHANGED SOLELY FOR THE PURPOSE OF RESTORING A PERSON TO EMPLOYMENT IN ORDER TO GRANT SICK LEAVE ACCRUED BUT NOT TAKEN BEFORE SEPARATION. 16 COMP. THE FACT THAT THE DISCOVERY WAS MADE AFTER YOUR SEPARATION BY VOLUNTARY RETIREMENT OF A MEDICAL CONDITION REQUIRING SURGERY DOES NOT CONSTITUTE A BASIS FOR RESTORING YOU AS AN EMPLOYEE FOR THE PURPOSE OF GRANTING YOU SICK LEAVE. THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.

B-155054, OCT. 12, 1964

TO MR. GEORGE W. BRUCE:

YOUR LETTER OF SEPTEMBER 22, 1964, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR THE VALUE OF SICK LEAVE TO YOUR CREDIT UPON RETIREMENT AS AN EMPLOYEE OF THE VETERANS ADMINISTRATION HOSPITAL, SAN FERNANDO, CALIFORNIA, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT OF SEPTEMBER 15, 1964.

YOU RETIRED OPTIONALLY ON JULY 30, 1963. ON OCTOBER 30, 1963, YOU UNDERWENT MAJOR SURGERY. SUBSEQUENTLY, THE CIVIL SERVICE COMMISSION, UPON THE BASIS OF MEDICAL EVIDENCE SUBMITTED, FOUND THAT YOU WERE TOTALLY DISABLED WITHIN THE MEANING OF THE CIVIL SERVICE RETIREMENT ACT UPON YOUR SEPARATION ON JULY 30, 1963, AND CHANGED YOUR TYPE OF RETIREMENT FROM "OPTIONAL" TO "DISABILITY.'

SICK LEAVE IS GRANTED IN KIND. IT IS A LONG-ESTABLISHED RULE THAT THE DATE OF SEPARATION MAY NOT BE CHANGED SOLELY FOR THE PURPOSE OF RESTORING A PERSON TO EMPLOYMENT IN ORDER TO GRANT SICK LEAVE ACCRUED BUT NOT TAKEN BEFORE SEPARATION. 16 COMP. GEN. 899, 900. THEREFORE, THE FACT THAT THE DISCOVERY WAS MADE AFTER YOUR SEPARATION BY VOLUNTARY RETIREMENT OF A MEDICAL CONDITION REQUIRING SURGERY DOES NOT CONSTITUTE A BASIS FOR RESTORING YOU AS AN EMPLOYEE FOR THE PURPOSE OF GRANTING YOU SICK LEAVE.

CONSEQUENTLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.