B-163766, SEPT. 3, 1968

B-163766: Sep 3, 1968

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WAS EMPLOYED BY THE DEPARTMENT OF THE NAVY. WHEN HE RESIGNED FROM THE CIVIL AERONAUTICS ADMINISTRATION AND WAS PAID A LUMP SUM FOR HIS ANNUAL LEAVE AMOUNTING TO $2. WILLIS WOULD HAVE BEEN DUE PAYMENT FOR AN ADDITIONAL AMOUNT OF $1. YOUR LETTER ALSO POINTS OUT YOU ACQUIESCE IN ANY SETTLEMENT OUR OFFICE FEELS IS EQUITABLE. A COPY THEREOF IS ENCLOSED FOR YOUR INFORMATION. YOU WILL NOTE OUR LETTER. WILLIS' SERVICE RECORD WAS CONTINUOUS TO THE PRESENT TIME. THAT IS THE REASON OUR LETTER REFERS ONLY TO THE POSSIBLE RECOMPUTATION OF SUCH LEAVE. YOU WILL ALSO NOTE WE POINTED OUT THEREIN THE DIFFICULTIES INVOLVED IN SUCH RECOMPUTATION. WILLIS WAS PAID A LUMP SUM UPON SEPARATION OCTOBER 2. WE ARE UNABLE TO DETERMINE EXACTLY THE AMOUNT OF ANNUAL LEAVE CARRIED OVER FROM 1952 FOR WHICH HE WAS ENTITLED TO PAYMENT BUT IT MUST HAVE BEEN IN THE NEIGHBORHOOD OF THE MAXIMUM PERMITTED UNDER PRIOR LAWS.

B-163766, SEPT. 3, 1968

TO MR. JOSEPH J. ELLIS, JR.:

YOUR LETTER OF JUNE 26, 1968, REFERENCE S0-12, ACKNOWLEDGED JULY 29, CONCERNS CERTAIN ANNUAL AND SICK LEAVE NOT ADMINISTRATIVELY TRANSFERRED TO THE CREDIT OF C. LEYTON WILLIS IN 1940 WHEN HE SEPARATED FROM THE PUBLIC WORKS ADMINISTRATION, JULY 31, 1940, AND WAS EMPLOYED BY THE DEPARTMENT OF THE NAVY, AUGUST 1, 1940, WITHOUT A BREAK IN SERVICE.

THE LETTER AND COPY OF MR. WILLIS' SERVICE RECORD FURNISHED BY THE GENERAL SERVICES ADMINISTRATION, DATED MAY 28, 1968, WHICH YOU ENCLOSED, SHOW HE HAD UNBROKEN FEDERAL SERVICE FROM AUGUST 8, 1934, THROUGH OCTOBER 2, 1953, WHEN HE RESIGNED FROM THE CIVIL AERONAUTICS ADMINISTRATION AND WAS PAID A LUMP SUM FOR HIS ANNUAL LEAVE AMOUNTING TO $2,442.30 AT THE SALARY RATE OF $6,940 PER ANNUM, GRADE GS-11. FURTHER, YOUR LETTER POINTS OUT THAT HAD THE 528 HOURS OF ANNUAL LEAVE BEEN TRANSFERRED IN 1940 MR. WILLIS WOULD HAVE BEEN DUE PAYMENT FOR AN ADDITIONAL AMOUNT OF $1,528.14 (BOTH AMOUNTS APPARENTLY COMPUTED AT $3.34 PER HOUR). YOUR LETTER ALSO POINTS OUT YOU ACQUIESCE IN ANY SETTLEMENT OUR OFFICE FEELS IS EQUITABLE.

WE REFER YOU TO OUR LETTER OF MAY 6, 1968, TO MR. WILLIS. A COPY THEREOF IS ENCLOSED FOR YOUR INFORMATION. YOU WILL NOTE OUR LETTER, BASED UPON THE RECORD BEFORE US AT THE TIME, PRESUMED THAT MR. WILLIS' SERVICE RECORD WAS CONTINUOUS TO THE PRESENT TIME. THAT IS THE REASON OUR LETTER REFERS ONLY TO THE POSSIBLE RECOMPUTATION OF SUCH LEAVE. YOU WILL ALSO NOTE WE POINTED OUT THEREIN THE DIFFICULTIES INVOLVED IN SUCH RECOMPUTATION.

THE INFORMATION NOW AVAILABLE SHOWS THAT MR. WILLIS WAS PAID A LUMP SUM UPON SEPARATION OCTOBER 2, 1953, FOR HIS ANNUAL LEAVE AMOUNTING TO $2,442.30, AT THE RATE OF $6,940 PER ANNUM ($3.34 PER HOUR), WHICH REPRESENTS PAYMENT FOR APPROXIMATELY 731 HOURS. WE ASSUME THAT SUCH PAYMENT INCLUDED PAY FOR HOLIDAYS OCCURRING OVER THE PERIOD INVOLVED IN THE COMPUTATION OF THE LUMP-SUM PAYMENT. THEREFORE, WE ARE UNABLE TO DETERMINE EXACTLY THE AMOUNT OF ANNUAL LEAVE CARRIED OVER FROM 1952 FOR WHICH HE WAS ENTITLED TO PAYMENT BUT IT MUST HAVE BEEN IN THE NEIGHBORHOOD OF THE MAXIMUM PERMITTED UNDER PRIOR LAWS, THAT IS, 720 HOURS ($2,442.30 DIVIDED BY $3.34 EQUALS 731 PLUS HOURS).

THE ACT OF JULY 2, 1953, 67 STAT. 137, AMENDED THE PROVISIONS OF 5 U.S.C. 61 (B), AUTHORIZING LUMP-SUM PAYMENTS FOR ANNUAL LEAVE BY PROVIDING THAT AFTER AUGUST 31, 1953, NO SUCH LUMP-SUM PAYMENT SHALL EXCEED COMPENSATION FOR ANY PERIOD OF SUCH LEAVE IN EXCESS OF 30 DAYS OR THE NUMBER OF DAYS CARRIED OVER TO AN EMPLOYEE'S CREDIT AT THE BEGINNING OF THE LEAVE YEAR IN WHICH ENTITLEMENT TO PAYMENT OCCURS, WHICHEVER IS GREATER. ALSO, THAT ACT AMENDED THE ANNUAL AND SICK LEAVE ACT OF 1951 SO AS TO REDUCE (FOR EMPLOYEES IN THE UNITED STATES) THE AMOUNT OF ANNUAL LEAVE WHICH COULD BE ACCUMULATED FROM YEAR TO YEAR TO 30 DAYS BUT PERMITTED EMPLOYEES TO RETAIN ACCUMULATIONS IN EXCESS THEREOF AS AUTHORIZED UNDER PRIOR LAWS.

FROM THE FOREGOING IT IS APPARENT THAT EVEN IF IT WERE POSSIBLE TO RECONSTRUCT MR. WILLIS' ANNUAL LEAVE FROM JULY 31, 1940, THERE WOULD BE NO BASIS FOR RECREDIT OF THE 458 HOURS OF ANNUAL LEAVE EARNED PRIOR THERETO BECAUSE OF THE OPERATION OF THE LIMITATIONS ON ACCUMULATION OF ANNUAL LEAVE PREVIOUSLY REFERRED TO AND THE FACT THAT HE HAD OTHERWISE REACHED THE MAXIMUM ACCUMULATION (OR IN CLOSE APPROXIMATION THEREOF) AT THE TIME OF HIS SEPARATION ON OCTOBER 2, 1953.

WITH RESPECT TO SICK LEAVE RECREDIT, WE HAVE TO ADVISE THAT FROM JULY 2, 1953, TO JANUARY 9, 1962, SECTION 30.702 OF THE ANNUAL AND SICK LEAVE REGULATIONS ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION PROVIDED FOR SUCH RECREDIT ONLY IF THERE HAD NOT BEEN A BREAK IN SERVICE OF 52 CONTINUOUS CALENDAR WEEKS. A LONGER BREAK DURING THE FOREGOING PERIOD RESULTED IN THE FORFEITURE OF THE SICK LEAVE CREDIT. EFFECTIVE JANUARY 9, 1962, RECREDIT OF SICK LEAVE WAS AUTHORIZED IF THE BREAK IN SERVICE IS NOT IN EXCESS OF THREE YEARS. IF MR. WILLIS QUALIFIES, AFTER OCTOBER 2, 1953, UNDER THE FOREGOING REGULATION FOR RECREDIT OF SICK LEAVE APPROPRIATE CORRECTIVE ADMINISTRATIVE ACTION MAY BE TAKEN. OTHERWISE THE 502 HOURS OF SICK LEAVE WOULD BE CONSIDERED TO HAVE BEEN FORFEITED.