B-48595, APRIL 19, 1945, 24 COMP. GEN. 759

B-48595, APRIL 19, 1945, 24 COMP. GEN. 759

LEAVES OF ABSENCE - ANNUAL - COMPENSATION - EQUIVALENT PAYMENTS UPON SEPARATION FROM SERVICE - ADMINISTRATIVE ADJUSTMENT OF ERRORS WHILE SECTION 2.4 OF THE ANNUAL LEAVE REGULATIONS, IN EFFECT DURING THE CALENDAR YEAR OF 1944 PRIOR TO THE LUMP-SUM LEAVE PAYMENT STATUTE OF DECEMBER 21, 1944, PROVIDED THAT AN EMPLOYEE COULD NOT BE SEPARATED PRIOR TO EXPIRATION OF HIS ACCRUED ANNUAL LEAVE, ADMINISTRATIVE ADJUSTMENTS OF UNDERPAYMENTS OF ANNUAL LEAVE COMPENSATION EQUIVALENT PAYMENTS RESULTING FROM ERRONEOUS COMPUTATIONS OF THE AMOUNT OF TERMINAL LEAVE DUE, WITHOUT CLAIM THEREFOR BEING FILED BY THE EMPLOYEE, SHOULD NOT BE MADE IN THE CASE OF EMPLOYEES SEPARATED PRIOR TO JULY 1, 1944--- THERE BEING INVOLVED APPROPRIATIONS OTHER THAN FOR THE CURRENT FISCAL YEAR; BUT ANY SUCH CLAIMS RECEIVED SHOULD BE FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT. WHERE UNDERPAYMENTS FOR THE TERMINAL ANNUAL LEAVE DUE EMPLOYEES UNDER SECTION 2.4 OF THE LEAVE REGULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 9414, UPON SEPARATION FROM SERVICE DURING THE PERIOD BETWEEN JUNE 30, 1944, AND THE DATE OF THE LUMP-SUM LEAVE PAYMENT STATUTE OF DECEMBER 21, 1944, HAVE RESULTED FROM ERRORS IN COMPUTATION OF THE LEAVE, ADMINISTRATIVE ACTION TO CORRECT THE ERRORS, WITHOUT CLAIM BY THE EMPLOYEES, IS NOT REQUIRED BUT MAY BE TAKEN--- CURRENT FISCAL YEAR APPROPRIATIONS BEING INVOLVED.

COMPTROLLER GENERAL WARREN TO THE FEDERAL SECURITY ADMINISTRATOR, APRIL 19, 1945:

I HAVE YOUR LETTER OF MARCH 19, 1945, AS FOLLOWS:

THERE ARE A SMALL NUMBER OF INDIVIDUALS WHO HAVE BEEN SEPARATED FROM THE ROLLS OF THIS AGENCY DURING THE CALENDAR YEAR 1944, AND WHO FOR VARIOUS REASONS WERE NOT GRANTED ALL THE TERMINAL ANNUAL LEAVE TO WHICH THEY WERE ENTITLED UNDER SECTION 2.4 OF EXECUTIVE ORDER 9414. THESE CASES FALL INTO TWO TYPES. THE FIRST TYPE IS THE CASE WHERE A CLERICAL OR ARITHMETICAL ERROR WAS MADE IN COMPUTATION OF THE INDIVIDUAL'SLEAVE. THE SECOND CASE IS THAT IN WHICH THE AMOUNT OF LEAVE TO WHICH THE INDIVIDUAL WOULD BE ENTITLED IS AFFECTED BY A RULING ISSUED SUBSEQUENT TO THE DATE OF THE EMPLOYEE'S SEPARATION. AN INSTANCE OF THE SECOND TYPE OF CASE OCCURRING IN THIS AGENCY IS THAT OF AN EMPLOYEE WHO IS ON TERMINAL LEAVE AT THE END OF A CALENDAR QUARTER. IT HAD PREVIOUSLY BEEN OUR UNDERSTANDING THAT SUCH AN EMPLOYEE WOULD NOT BE ENTITLED TO THE QUARTERLY CREDIT OF 4 HOURS ANNUAL LEAVE. THIS UNDERSTANDING WAS, HOWEVER, REVERSED BY YOUR DECISION B-45517 OF NOVEMBER 11, 1944. (24 COMP. GEN. 373.)

THIS AGENCY IS UNCERTAIN AS TO WHETHER ADMINISTRATIVE OFFICES MAY TAKE THE INITIATIVE IN CORRECTING THE SEPARATION DATES OF EMPLOYEES WHO DID NOT RECEIVE ALL THE TERMINAL ANNUAL LEAVE TO WHICH THEY WERE ENTITLED, AND RESTORING THEM TO THE PAY ROLLS FOR THE PAYMENT OF SUCH INCREMENTAL LEAVE. QUESTION AND ANSWER NO. 6 IN 23 COMP. GEN. 638, AND QUESTION AND ANSWER NO. 5 IN 23 COMP. GEN. 677 WOULD SEEM TO INDICATE THAT THE ADMINISTRATIVE OFFICE SHOULD CORRECT SUCH SEPARATION DATES UPON BECOMING AWARE OF THE ERROR. HOWEVER, THE LANGUAGE CONTAINED IN 23 COMP. GEN. 398, 24 COMP. GEN. 9, AND 21 COMP. GEN. 871 LEAVE US IN DOUBT AS TO THE CORRECT PROCEDURE IN THE TWO TYPES OF CASES ABOVE DESCRIBED.

WE ARE, THEREFORE, REQUESTING YOUR ADVICE AS TO WHETHER THE AGENCY MAY AND IF SO WHETHER IT IS REQUIRED TO MAKE PAYMENT TO THE INDIVIDUALS INVOLVED IRRESPECTIVE OF WHETHER THEY MAKE CLAIM FOR THE AMOUNTS DUE THEM.

SECTION 2.4 OF EXECUTIVE ORDER 9414, IN EFFECT DURING THE CALENDAR YEAR 1944 PRIOR TO DECEMBER 21, 1944, PROVIDED THAT AN EMPLOYEE COULD NOT BE SEPARATED FROM THE SERVICE PRIOR TO EXPIRATION OF ALL OF HIS ACCRUED ANNUAL LEAVE; AND THE DECISIONS GENERALLY HAVE RECOGNIZED THAT ADMINISTRATIVE ACTION COULD BE TAKEN TO CORRECT ANY ADMINISTRATIVE ERROR IN COMPUTING THE AMOUNT OF TERMINAL ANNUAL LEAVE BY RESTORING THE EMPLOYEE TO THE ROLL FOR THE PURPOSE OF FIXING THE PROPER SEPARATION DATE AND PAYING THE EMPLOYEE THE BALANCE OF THE COMPENSATION DUE WITHOUT THE NECESSITY OF THE EMPLOYEE FILING A CLAIM. HOWEVER, IT WAS NOT CONTEMPLATED THAT OTHER THAN THE CURRENT FISCAL YEAR APPROPRIATION WOULD BE INVOLVED IN THE CORRECTION OF SUCH ERRORS. FURTHERMORE, THERE IS NO REQUIREMENT THAT SUCH ERROR NOW BE CORRECTED EVEN AS TO CASES ARISING DURING THE CURRENT FISCAL YEAR PRIOR TO DECEMBER 21, 1944, WHERE THE FORMER EMPLOYEE HAS NOT FILED A CLAIM, BUT IT IS WITHIN YOUR ADMINISTRATIVE AUTHORITY TO ADJUST YOUR RECORDS TO SHOW THE CORRECT SEPARATION DATE OF SUCH EMPLOYEE.

ACCORDINGLY, REFERRING TO THE CONCLUDING PARAGRAPH OF YOUR LETTER YOU ARE ADVISED (1) THAT NO ADJUSTMENT SHOULD BE MADE ADMINISTRATIVELY INVOLVING THE 1944 FISCAL YEAR APPROPRIATION--- THAT IS, IN THE CASE OF EMPLOYEES SEPARATED FROM THE SERVICE PRIOR TO JULY 1, 1944--- BUT ANY SUCH CLAIMS, IF RECEIVED, SHOULD BE FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT, AND (2) THAT YOU ARE AUTHORIZED BUT ARE NOT REQUIRED, TO MAKE CORRECTIONS IN CASES OF EMPLOYEES SEPARATED DURING THE PERIOD BETWEEN JUNE 30, 1944, AND DECEMBER 21, 1944, DATE OF THE APPROVAL OF PUBLIC LAW 525, 58 STAT. 845.