B-165201, OCT. 2, 1968

B-165201: Oct 2, 1968

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SIVEY WAS APPROVED TO BE EFFECTIVE ON THE FIRST DAY OF THE NEXT FULL BIWEEKLY PAY PERIOD OR MAY 19. GEN. 102 AT PAGE 105 WE SAID IN PART: "* * * IT REASONABLY APPEARS THAT THE LUMP SUM IS TO BE COMPUTED ON THE BASIS OF THE EMPLOYEE'S RIGHTS AT THE TIME OF SEPARATION UNDER APPLICABLE LAWS AND REGULATIONS EXISTING AT THAT TIME WHICH WOULD HAVE AFFECTED HIS COMPENSATION HAD HE REMAINED IN THE SERVICE FOR THE PERIOD COVERED BY HIS LEAVE.'. SINCE THE WAGE INCREASE IN QUESTION WAS APPROVED PRIOR TO MR. SIVEY'S RETIREMENT AND WOULD HAVE BEEN EFFECTIVE TO INCREASE HIS RATE OF COMPENSATION ON AND AFTER MAY 19. HE WAS ENTITLED TO BE PAID FOR HIS LEAVE AT THE HIGHER RATE FOR ANY PERIOD COVERED BY HIS LUMP-SUM PAYMENT ON AND AFTER THAT DATE.

B-165201, OCT. 2, 1968

TO MRS. NEDRA A. BLACKWELL:

WE REFER TO YOUR LETTER OF SEPTEMBER 4, 1968, YOUR REFERENCE 360, REQUESTING OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT A VOUCHER FOR $130.50 REPRESENTING AN ADDITIONAL LUMP-SUM LEAVE BENEFIT INCIDENT TO THE RETIREMENT OF MR. ALBERT LEE SIVEY AS AN EMPLOYEE OF THE BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF THE INTERIOR.

YOU INDICATE THAT ON MAY 17, 1968, A WAGE INCREASE APPLICABLE TO THE POSITION OCCUPIED BY MR. SIVEY WAS APPROVED TO BE EFFECTIVE ON THE FIRST DAY OF THE NEXT FULL BIWEEKLY PAY PERIOD OR MAY 19, 1968. MR. SIVEY RETIRED EFFECTIVE MAY 18 PRIOR TO SUCH EFFECTIVE DATE AND HAS BEEN PAID A LUMP SUM FOR THE ANNUAL LEAVE TO HIS CREDIT AT THE RATE OF PAY APPLICABLE ON THE DATE OF HIS RETIREMENT RATHER THAN AT THE HIGHER RATE WHICH BECAME EFFECTIVE ON THE NEXT DAY.

IN 26 COMP. GEN. 102 AT PAGE 105 WE SAID IN PART:

"* * * IT REASONABLY APPEARS THAT THE LUMP SUM IS TO BE COMPUTED ON THE BASIS OF THE EMPLOYEE'S RIGHTS AT THE TIME OF SEPARATION UNDER APPLICABLE LAWS AND REGULATIONS EXISTING AT THAT TIME WHICH WOULD HAVE AFFECTED HIS COMPENSATION HAD HE REMAINED IN THE SERVICE FOR THE PERIOD COVERED BY HIS LEAVE.'

SINCE THE WAGE INCREASE IN QUESTION WAS APPROVED PRIOR TO MR. SIVEY'S RETIREMENT AND WOULD HAVE BEEN EFFECTIVE TO INCREASE HIS RATE OF COMPENSATION ON AND AFTER MAY 19, 1968, HAD HE REMAINED IN THE SERVICE, HE WAS ENTITLED TO BE PAID FOR HIS LEAVE AT THE HIGHER RATE FOR ANY PERIOD COVERED BY HIS LUMP-SUM PAYMENT ON AND AFTER THAT DATE.

ACCORDINGLY, YOU MAY CERTIFY A VOUCHER TO PAY MR. SIVEY AN ADDITIONAL $130.50 IF OTHERWISE CORRECT. MR. SIVEY'S LETTER OF AUGUST 22, 1968, IS RETURNED.