B-169383, JUN. 3, 1970
Highlights
WAS FORWARDED TO US BY THE OFFICE OF THE SECRETARY OF THE AIR FORCE FOR CONSIDERATION. I WAS INVOLVED IN AN ACCIDENT AND RECEIVED SERIOUS INJURIES. COMPENSATION WAS APPROVED IN THE BEGINNING BUT WAS LATER REVOKED. AT A LATER DATE AN INVESTIGATION WAS MADE AND COMPENSATION WAS APPROVED AND MADE RETROACTIVE. DURING THE INTERIM MY SICK LEAVE WAS USED AND I DREW REGULAR PAY. AFTER COMPENSATION WAS APPROVED THE SECOND TIME I WAS ASKED TO REPAY THE DIFFERENCE (APPROXIMATELY 25%) BACK TO PAYROLL AND ALSO TOLD THAT MY ANNUAL AND SICK LEAVE ACCUMULATION WOULD NOT BE REINSTATED UNTIL I HAD PAID BACK THE SO CALLED OVER PAYMENT AMOUNTING TO APPROXIMATELY TWO THOUSAND DOLLARS. APPLICATION FOR WAIVER IS MADE IN ACCORDANCE WITH PUBLIC LAW 90 -616.".
B-169383, JUN. 3, 1970
TO MR. GUY W. FURMAN:
ON JUNE 10, 1969, YOU PRESENTED TO THE DEPARTMENT OF THE AIR FORCE A REQUEST FOR WAIVER UNDER PUBLIC LAW 90-616 WHICH UNDER DATE OF MARCH 20, 1970, WAS FORWARDED TO US BY THE OFFICE OF THE SECRETARY OF THE AIR FORCE FOR CONSIDERATION. YOUR REQUEST READS AS FOLLOWS:
"WHILE ON TDY IN MARCH OF 1963, I WAS INVOLVED IN AN ACCIDENT AND RECEIVED SERIOUS INJURIES. COMPENSATION WAS APPROVED IN THE BEGINNING BUT WAS LATER REVOKED. AT A LATER DATE AN INVESTIGATION WAS MADE AND COMPENSATION WAS APPROVED AND MADE RETROACTIVE. DURING THE INTERIM MY SICK LEAVE WAS USED AND I DREW REGULAR PAY. AFTER COMPENSATION WAS APPROVED THE SECOND TIME I WAS ASKED TO REPAY THE DIFFERENCE (APPROXIMATELY 25%) BACK TO PAYROLL AND ALSO TOLD THAT MY ANNUAL AND SICK LEAVE ACCUMULATION WOULD NOT BE REINSTATED UNTIL I HAD PAID BACK THE SO CALLED OVER PAYMENT AMOUNTING TO APPROXIMATELY TWO THOUSAND DOLLARS. THEREFORE, APPLICATION FOR WAIVER IS MADE IN ACCORDANCE WITH PUBLIC LAW 90 -616."
IT APPEARS THAT DURING THE PERIOD IN QUESTION THE AMOUNT OF SALARY WHICH WAS PAID TO YOU FOR THE LEAVE THAT YOU TOOK TOTALED $5,374.78. WE ARE INFORMED THAT UPON SUBSTITUTION OF LEAVE WITHOUT PAY FOR THE HOURS OF THE PAID LEAVE, WHICH YOU REQUESTED, THERE WAS RECEIVED COMPENSATION AMOUNTING TO $3,525.47 FROM THE BUREAU OF EMPLOYEES' COMPENSATION. THIS LATTER AMOUNT WAS APPLIED TO THE SALARY PAYMENT OF $5,374.78 LEAVING A BALANCE DUE OF $1,849.31.
YOU ARE ADVISED THAT THE WAIVER AUTHORITY CONTAINED IN PUBLIC LAW 90 616 (5 U.S.C. 5584), RELATES ONLY TO AN "ERRONEOUS" PAYMENT OF PAY. THE FACTS OF YOUR CASE DO NOT SHOW THAT THE SALARY PAYMENTS YOU RECEIVED WHILE BEING CARRIED IN AN ANNUAL OR SICK LEAVE STATUS WERE INVALID OR OTHERWISE ERRONEOUS AT THE TIME OF THEIR RECEIPT. RATHER YOUR INDEBTEDNESS OCCURRED BECAUSE OF A SUBSEQUENT ELECTION TO SUBSTITUTE LEAVE WITHOUT PAY FOR THE ANNUAL AND SICK LEAVE IN ORDER TO RECEIVE COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT OF 1916, AS AMENDED, 5 U.S.C. 8101 TO 8150. UNDER THE LATTER STATUTE AN EMPLOYEE IS NOT ENTITLED TO RECEIVE INJURY COMPENSATION AT THE SAME TIME HE IS RECEIVING REGULAR SALARY BECAUSE OF USE OF ANNUAL AND SICK LEAVE.
THEREFORE, YOUR REQUEST FOR WAIVER OF THE SUM OF $1,849.31 UNDER AUTHORITY OF PUBLIC LAW 90-616 MUST BE AND IS DENIED.