B-48739, APRIL 7, 1945, 24 COMP. GEN. 728

B-48739: Apr 7, 1945

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UPON SEPARATION FROM SERVICE IS THAT PAYABLE UNDER THE LAWS AND REGULATIONS IN EFFECT ON THE DATE OF SEPARATION. REGARDLESS OF THE FACT THAT THE LEAVE PERIOD OVER WHICH THE LUMP SUM IS COMPUTED EXTENDS BEYOND JUNE 30. 1945: REFERENCE IS MADE TO YOUR LETTER OF MARCH 26. AS FOLLOWS: THERE IS PRESENTED FOR YOUR CONSIDERATION AS TO THE PROPRIETY OF PAYMENT THE ACCOMPANYING SUPPLEMENTAL PAY ROLL VOUCHER WHICH HAS BEEN PRESENTED TO ME FOR CERTIFICATION AS AUTHORIZED CERTIFYING OFFICER. ALTHOUGH THE PERIODS OVER WHICH THE LEAVE IS COMPUTED EXTEND BEYOND JUNE 30. SPECIFIED THAT "SUCH LUMP SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATIONAL LEAVE" AND NO OVERTIME COMPENSATION IS.

B-48739, APRIL 7, 1945, 24 COMP. GEN. 728

LUMP-SUM LEAVE PAYMENTS - RATE AT WHICH PAYABLE THE PROPER SALARY RATE TO BE USED IN COMPUTING THE LUMP-SUM PAYMENT FOR AN EMPLOYEE'S LEAVE UNDER THE ACT OF DECEMBER 21, 1944, UPON SEPARATION FROM SERVICE IS THAT PAYABLE UNDER THE LAWS AND REGULATIONS IN EFFECT ON THE DATE OF SEPARATION, INCLUDING ANY PRORATED OVERTIME COMPENSATION AUTHORIZED BY THE WAR OVERTIME PAY ACT OF 1943, AND THE REGULATIONS THEREUNDER, REGARDLESS OF THE FACT THAT THE LEAVE PERIOD OVER WHICH THE LUMP SUM IS COMPUTED EXTENDS BEYOND JUNE 30, 1945, THE DATE SAID OVERTIME PAY ACT EXPIRES.

ACTING COMPTROLLER GENERAL YATES TO LESTER H. THOMPSON, NATIONAL HOUSING AGENCY, APRIL 7, 1945:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 26, 1945, AS FOLLOWS:

THERE IS PRESENTED FOR YOUR CONSIDERATION AS TO THE PROPRIETY OF PAYMENT THE ACCOMPANYING SUPPLEMENTAL PAY ROLL VOUCHER WHICH HAS BEEN PRESENTED TO ME FOR CERTIFICATION AS AUTHORIZED CERTIFYING OFFICER.

THE VOUCHER INCLUDES REGULAR SALARY AND OVERTIME COMPENSATION THROUGH THE LAST WORKING DAY, LESS LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE OF ONE EMPLOYEE RESIGNING FROM THIS ADMINISTRATION, AND ONLY THE LUMP-SUM PAYMENT FOR TWO EMPLOYEES PREVIOUSLY COMPENSATED FOR REGULAR AND OVERTIME PAY THROUGH THEIR LAST WORKING DAY. THE COMPUTATION IN EACH INSTANCE AS REGARDS THE LUMP-SUM ANNUAL LEAVE PAYMENT HAS BEEN MADE ON THE BASIS OF PRESENT OVERTIME AND REGULAR SALARY RATES, ALTHOUGH THE PERIODS OVER WHICH THE LEAVE IS COMPUTED EXTEND BEYOND JUNE 30, 1945, THE DATE ON WHICH THE PRESENT OVERTIME LAW EXPIRES.

INASMUCH AS PUBLIC LAW 525---78TH CONGRESS, SPECIFIED THAT "SUCH LUMP SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATIONAL LEAVE" AND NO OVERTIME COMPENSATION IS, UNDER EXISTING LAW, PROVIDED FOR BEYOND JUNE 30, 1945, AS CERTIFYING OFFICER I DEEM IT ADVISABLE TO RESPECTFULLY REQUEST YOUR DECISION AS TO WHETHER I AM AUTHORIZED TO CERTIFY THE VOUCHER IN ITS PRESENT FORM.

IF YOUR ANSWER IS IN THE NEGATIVE, WILL YOU KINDLY ADVISE AS TO THE METHOD OF COMPUTATION TO BE FOLLOWED?

INASMUCH AS NO PAY ROLLS IN WHICH LUMP-SUM PAYMENTS ARE TO BE MADE FOR A PERIOD EXTENDING BEYOND JUNE 30, 1945 WILL BE CERTIFIED PRIOR TO YOUR DECISION IN THE MATTER, YOUR EARLY CONSIDERATION WILL BE APPRECIATED.

IN DECISION OF JANUARY 13, 1945, B-46790, 24 COMP. GEN. 526, IT WAS STATED IN ANSWER TO QUESTION (1), AFTER QUOTING THAT PORTION OF SECTION 1 OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, PUBLIC LAW 525, WHICH IS QUOTED IN THE THIRD PARAGRAPH OF YOUR LETTER, AS FOLLOWS:

THAT PROVISION SERVES ONLY AS FORMULA OR RULE FOR COMPUTING THE AMOUNT OF THE LUMP-SUM PAYMENT UNDER THAT STATUTE FOR ANNUAL OR VACATION LEAVE OF ABSENCE WITH PAY (INCLUDING SUNDAYS AND HOLIDAYS). THERE IS MANIFESTED NO PURPOSE OR INTENT TO EXTEND TO SUCH PERIOD THE PROVISIONS OF ANY OTHER LAW UPON THE BASIS THAT THE EMPLOYEE WOULD HAVE REMAINED IN THE SERVICE.

ALSO, SEE ANSWER TO QUESTION 5, DECISION OF JANUARY 11, 1945, B 46683, 24 COMP. GEN. 511; AND ANSWER TO QUESTION 5 (B), DECISION OF JANUARY 17, 1945, B-46891, 24 COMP. GEN. 532. REFERENCE IS MADE, ALSO, TO THE ANSWER TO QUESTION 9, DECISION OF JANUARY 30, 1945, B-47256, 24 COMP. GEN. 578, AS FOLLOWS:

AS THE PERIOD OVER WHICH THE LUMP-SUM PAYMENT IS TO BE COMPUTED IS NOT TO BE REGARDED AS A PERIOD OF SERVICE AND AS THE RIGHT TO SUCH LUMP-SUM PAYMENT ACCRUES ON THE LAST DAY OF ACTIVE SERVICE, THE FISCAL YEAR APPROPRIATION AVAILABLE FOR PAYMENT OF THE SALARY OF AN EMPLOYEE UPON THE DATE OF SEPARATION FROM THE SERVICE--- LAST DAY OF ACTIVE DUTY -- IS THE ONLY APPROPRIATION AVAILABLE FOR THE LUMP SUM FOR LEAVE AUTHORIZED BY THE STATUTE, REGARDLESS OF THE FACT THAT THE PERIOD OVER WHICH THE LEAVE IS COMPUTED INCLUDES A PORTION OF THE NEXT FISCAL YEAR.

FURTHERMORE, IN DECISION OF MARCH 7, 1945, B-48070, 24 COMP. GEN. 659, IN ANSWER TO QUESTIONS 1, 2 AND 3, IT WAS STATED, IN PART:

* * * HENCE, AN EMPLOYEE WHO IS SEPARATED FROM THE SERVICE DECEMBER 31, OR WHOSE LAST DAY OF ACTIVE CIVILIAN DUTY PRIOR TO ENTRANCE INTO THE ARMED FORCES IS DECEMBER 31, COULD HAVE TO HIS CREDIT A MAXIMUM OF 116 DAYS OF ANNUAL LEAVE--- 90 DAYS ACCUMULATED UP TO THE END OF THE PRECEDING YEAR AND 26 DAYS CURRENT ACCRUED LEAVE EARNED DURING THE YEAR ON THE LAST DAY OF WHICH HIS ACTIVE SERVICE TERMINATED--- FOR WHICH A LUMP-SUM PAYMENT WOULD BE PAYABLE REPRESENTING THE COMPENSATION AT THE SALARY RATE RECEIVED AS OF DECEMBER 31, COMPUTED OVER THE PERIOD BEGINNING JANUARY 1 OF THE NEXT YEAR. * * * (ITALICS SUPPLIED)

HENCE, IN THE CASES PRESENTED THE SALARY RATE PROPERLY PAYABLE UNDER THE LAWS AND REGULATIONS IN EFFECT ON DATE OF SEPARATION OF THE EMPLOYEES FROM THE SERVICE, INCLUDING ANY PRORATED OVERTIME COMPENSATION DUE UNDER THE WAR OVERTIME PAY ACT OF 1943, 57 STAT. 75, AND THE REGULATIONS ISSUED PURSUANT THERETO, IS THE PROPER RATE TO BE USED IN COMPUTING THE LUMP-SUM PAYMENT FOR LEAVE, REGARDLESS OF THE FACT THAT THE PERIOD OF LEAVE OVER WHICH THE LUMP-SUM PAYMENT IS COMPUTED EXTENDS BEYOND JUNE 30, 1945, WHEN THE WAR OVERTIME PAY ACT OF 1943 MAY NOT BE IN FORCE.

ACCORDINGLY, THE SUBMITTED VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.