B-157712, OCT. 5, 1965

B-157712: Oct 5, 1965

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WITH 333 HOURS OF ANNUAL LEAVE TO HER CREDIT OR 68 HOURS IN EXCESS OF HER CEILING OF 265 HOURS WHICH SHE WOULD HAVE BEEN PERMITTED TO CARRY OVER TO 1965. O-HARA'S BENEFICIARY WAS PAID FOR THE FULL 333 HOURS OF ANNUAL LEAVE. EVEN THOUGH THE LEAVE PERIOD OVER WHICH THE LUMP SUM PAYMENT IS COMPUTED EXTENDS INTO THE NEXT CALENDAR YEAR AND. THE PRIMARY QUESTION INVOLVED IS WHETHER OUR DECISION OF APRIL 20. WAS RETROACTIVE TO ANY EXTENT. GEN. 659 (ANSWER TO QUESTION 1) IS NO LONGER FOR APPLICATION IN DECEASED CASES OR OTHERWISE. IT WAS NOT INTENDED THAT SUCH DECISION SHOULD BE APPLIED TO DISTURB ANY PAYMENTS MADE PRIOR TO THE DATE THEREOF BECAUSE OF THE DEATH OF AN EMPLOYEE UNDER THE RELATED CIRCUMSTANCES.

B-157712, OCT. 5, 1965

TO THE SECRETARY OF THE AIR FORCE:

THERE HAS BEEN TRANSMITTED TO OUR OFFICE BY HEADQUARTERS, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, A DOUBTFUL CLAIM CONCERNING A LUMP-SUM LEAVE PAYMENT TO THE BENEFICIARY OF MRS. MARTHA P. O -HARA, A FORMER CIVILIAN EMPLOYEE OF YOUR DEPARTMENT, NOW DECEASED.

THE FILE INDICATES THAT MRS. O-HARA DIED ON DECEMBER 31, 1964, WITH 333 HOURS OF ANNUAL LEAVE TO HER CREDIT OR 68 HOURS IN EXCESS OF HER CEILING OF 265 HOURS WHICH SHE WOULD HAVE BEEN PERMITTED TO CARRY OVER TO 1965. ON THE BASIS OF OUR DECISION IN 24 COMP. GEN. 659, AND APPLICABLE REGULATIONS OF THE DEPARTMENT, MRS. O-HARA'S BENEFICIARY WAS PAID FOR THE FULL 333 HOURS OF ANNUAL LEAVE.

OUR DECISION IN 24 COMP. GEN. 659, ANSWER TO QUESTION 1, HELD AS FOLLOWS, QUOTING FROM THE SYLLABUS:

"WHERE, AT OR NEAR THE END OF A CALENDAR YEAR, AN EMPLOYEE RESIGNS OR ENTERS THE ARMED FORCES WITH MORE THAN 90 DAYS' ANNUAL LEAVE TO HIS CREDIT, THE LUMP-SUM PAYMENT AUTHORIZED BY THE ACT OF DECEMBER 21, 1944, FOR ALL ACCUMULATED AND CURRENT ACCRUED LEAVE MAY INCLUDE PAYMENT FOR ALL CURRENT ACCRUED LEAVE AS WELL AS THE 90 DAYS' ACCUMULATED LEAVE, EVEN THOUGH THE LEAVE PERIOD OVER WHICH THE LUMP SUM PAYMENT IS COMPUTED EXTENDS INTO THE NEXT CALENDAR YEAR AND, UNDER THE ACT OF DECEMBER 17, 1942, ONLY 90 DAYS' ANNUAL LEAVE MAY BE CARRIED OVER FROM ONE YEAR TO THE NEXT.'

THE PRIMARY QUESTION INVOLVED IS WHETHER OUR DECISION OF APRIL 20, 1965, B-156451, 44 COMP. GEN. - , WAS RETROACTIVE TO ANY EXTENT. THAT DECISION HELD THAT THE DECISION IN 24 COMP. GEN. 659 (ANSWER TO QUESTION 1) IS NO LONGER FOR APPLICATION IN DECEASED CASES OR OTHERWISE. HOWEVER, IT WAS NOT INTENDED THAT SUCH DECISION SHOULD BE APPLIED TO DISTURB ANY PAYMENTS MADE PRIOR TO THE DATE THEREOF BECAUSE OF THE DEATH OF AN EMPLOYEE UNDER THE RELATED CIRCUMSTANCES.

ACCORDINGLY, NO ACTION IS NECESSARY TO RECOVER ANY PART OF THE LUMP SUM PAYMENT TO THE BENEFICIARY OF MRS. O-HARA, WHOSE DEATH, AS PREVIOUSLY INDICATED, OCCURRED ON DECEMBER 31, 1964.