B-176361, AUG 7, 1972

B-176361: Aug 7, 1972

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE TERM "YEAR" IS NORMALLY CONSTRUED AS COVERING THE PERIOD FROM A GIVEN DATE IN ONE YEAR TO THE CLOSE OF THE IMMEDIATELY PRECEDING DATE IN THE FOLLOWING YEAR. 46 COMP. SHE DID NOT HAVE A BREAK IN SERVICE OF MORE THAN THREE YEARS WHEN SHE WAS REEMPLOYED ON SEPTEMBER 7. SHE WAS REEMPLOYED ON A REINSTATEMENT (CAREER) APPOINTMENT. AT THE TIME OF HER REEMPLOYMENT AN ADMINISTRATIVE DECISION WAS MADE THAT SHE HAD A BREAK IN SERVICE IN EXCESS OF 3 YEARS. SHE WAS NOT RECREDITED WITH THE 651 HOURS OF SICK LEAVE SHE HAD ACCUMULATED.". KANTOR'S ENTITLEMENT TO RECREDIT OF SICK LEAVE IS GOVERNED BY SECTION 630.502(B)(1). WHICH PROVIDES IN PERTINENT PART AS FOLLOWS: "*** AN EMPLOYEE WHO IS SEPARATED FROM THE FEDERAL GOVERNMENT *** IS ENTITLED TO A RECREDIT OF HIS SICK LEAVE IF HE IS REEMPLOYED IN THE FEDERAL GOVERNMENT *** WITHOUT A BREAK IN SERVICE OF MORE THAN 3 YEARS.".

B-176361, AUG 7, 1972

CIVILIAN EMPLOYEE - BREAK IN SERVICE - COMPUTATION DECISION REGARDING THE PROPER METHOD TO BE USED IN COMPUTING A BREAK IN- SERVICE PERIOD FOR THE PURPOSE OF DETERMINING THE ENTITLEMENT OF MIRIAM K. KANTOR TO A RECREDIT OF SICK LEAVE UNDER THE PROVISIONS OF 5 CFR 630.502(B). THE TERM "YEAR" IS NORMALLY CONSTRUED AS COVERING THE PERIOD FROM A GIVEN DATE IN ONE YEAR TO THE CLOSE OF THE IMMEDIATELY PRECEDING DATE IN THE FOLLOWING YEAR. 46 COMP. GEN. 346 (1966). THEREFORE, SINCE MRS. KANTOR'S BREAK IN SERVICE BEGAN ON SEPTEMBER 8, 1968, SHE DID NOT HAVE A BREAK IN SERVICE OF MORE THAN THREE YEARS WHEN SHE WAS REEMPLOYED ON SEPTEMBER 7, 1971.

TO MR. SECRETARY:

BY LETTER DATED JUNE 23, 1972, THE ASSISTANT SECRETARY OF THE TREASURY FOR ADMINISTRATION REQUESTED OUR DECISION CONCERNING THE PROPER METHOD OF COMPUTING THE BREAK-IN-SERVICE PERIOD FOR THE PURPOSE OF DETERMINING THE ENTITLEMENT OF MRS. MIRIAM K. KANTOR TO A RECREDIT OF SICK LEAVE UNDER THE PROVISIONS OF 5 CFR 630.502(B).

THE LETTER OF JUNE 23, 1972, SETS FORTH THE FOLLOWING FACTS:

"MRS. MIRIAM K. KANTOR, AN EMPLOYEE OF THE SECRET SERVICE, RESIGNED FROM FEDERAL EMPLOYMENT AT THE CLOSE OF BUSINESS SEPTEMBER 7, 1968. AT THAT TIME SHE HAD A SICK LEAVE BALANCE OF 651 HOURS. ON SEPTEMBER 7, 1971, SHE WAS REEMPLOYED ON A REINSTATEMENT (CAREER) APPOINTMENT. AT THE TIME OF HER REEMPLOYMENT AN ADMINISTRATIVE DECISION WAS MADE THAT SHE HAD A BREAK IN SERVICE IN EXCESS OF 3 YEARS, AND CONSEQUENTLY, SHE WAS NOT RECREDITED WITH THE 651 HOURS OF SICK LEAVE SHE HAD ACCUMULATED."

MRS. KANTOR'S ENTITLEMENT TO RECREDIT OF SICK LEAVE IS GOVERNED BY SECTION 630.502(B)(1), TITLE 5 OF THE CODE OF FEDERAL REGULATIONS, WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

"*** AN EMPLOYEE WHO IS SEPARATED FROM THE FEDERAL GOVERNMENT *** IS ENTITLED TO A RECREDIT OF HIS SICK LEAVE IF HE IS REEMPLOYED IN THE FEDERAL GOVERNMENT *** WITHOUT A BREAK IN SERVICE OF MORE THAN 3 YEARS."

THE ISSUE RAISED IN MRS. KANTOR'S SITUATION IS THE CONSTRUCTION TO BE GIVEN THE TERM "YEAR." IN THE ABSENCE OF AN INDICATION TO THE CONTRARY, THIS TERM IS NORMALLY CONSTRUED AS COVERING THE PERIOD FROM A GIVEN DATE IN ONE YEAR TO THE CLOSE OF THE IMMEDIATELY PRECEDING DATE IN THE FOLLOWING YEAR. 46 COMP. GEN. 346 (1966); B-173207, JULY 13, 1971. THERE IS NO REASON WHY THIS RULE SHOULD NOT BE FOLLOWED IN THE COMPUTATION OF THE 3-YEAR PERIOD UNDER 5 CFR 630.502(B).

MRS. KANTOR'S BREAK IN SERVICE BEGAN ON SEPTEMBER 8, 1968. THEREFORE, SHE DID NOT HAVE A BREAK IN SERVICE "OF MORE THAN 3 YEARS" WHEN SHE WAS REEMPLOYED ON SEPTEMBER 7, 1971. ACCORDINGLY, IT WOULD BE APPROPRIATE TO NOW RECREDIT MRS. KANTOR WITH THE 651 HOURS OF SICK LEAVE SHE HAD PREVIOUSLY ACCUMULATED.