B-48904, APRIL 21, 1945, 24 COMP. GEN. 775

B-48904: Apr 21, 1945

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SO THAT THE LENDING AGENCY IS NOT ENTITLED TO REIMBURSEMENT FOR THE COMPENSATION EQUIVALENT OF ALL THE EMPLOYEE'S ACCRUED LEAVE. AS FOLLOWS: ATTACHED IS VOUCHER FOR ADJUSTMENT BETWEEN APPROPRIATIONS. TELEPHONE CONTACT WAS MADE WITH THE PERSONNEL DIVISION OF THAT AGENCY AT THE TIME. WE WERE INFORMED THAT THE APPROPRIATION ACT OF OFFICE OF PRICE ADMINISTRATION DID NOT REQUIRE EXECUTION OF THIS FORM. WE WERE INFORMED THAT BUDGET BUREAU APPROVAL IS REQUIRED. BURKHARDT WAS INDUCTED INTO THE ARMED FORCES OF THE UNITED STATES. AT THE TIME THE EMPLOYEE WAS TRANSFERRED TO THIS AGENCY. HE HAD ACCRUED AND CREDITED TO HIM A TOTAL OF 524 HOURS OF ANNUAL LEAVE AND DURING THE TIME HE WAS ON THE ROLLS OF THIS AGENCY.

B-48904, APRIL 21, 1945, 24 COMP. GEN. 775

DETAILS - INTER-OFFICE - ANNUAL LEAVE COMPENSATION EQUIVALENT PAYMENTS THE FACT THAT, BECAUSE OF IMMEDIATE DETAIL ON A REIMBURSABLE BASIS BACK TO THE AGENCY FROM WHICH TRANSFERRED AND INDUCTION INTO MILITARY SERVICE WHILE STILL ON DETAIL, AN EMPLOYEE NEVER RENDERED ANY SERVICES FOR THE AGENCY TO WHICH TRANSFERRED HAD NO EFFECT UPON THE REQUIREMENT OF THE ANNUAL AND SICK LEAVE REGULATIONS FOR THE TRANSFER OF HIS LEAVE CREDIT, SO THAT THE LENDING AGENCY IS NOT ENTITLED TO REIMBURSEMENT FOR THE COMPENSATION EQUIVALENT OF ALL THE EMPLOYEE'S ACCRUED LEAVE, FOR WHICH HE HAS RECEIVED A LUMP-SUM PAYMENT PURSUANT TO THE ACT OF DECEMBER 21, 1944, BUT ONLY FOR THAT REPRESENTING LEAVE ACCRUED DURING THE DETAIL.

COMPTROLLER GENERAL WARREN TO THE PETROLEUM ADMINISTRATOR, PETROLEUM ADMINISTRATION FOR WAR, APRIL 21, 1945:

THERE HAS BEEN RECEIVED A LETTER DATED APRIL 3, 1945, FROM THE EXECUTIVE OFFICER OF THE PETROLEUM ADMINISTRATION FOR WAR, AS FOLLOWS:

ATTACHED IS VOUCHER FOR ADJUSTMENT BETWEEN APPROPRIATIONS, FORM 1080, SUBMITTED TO THE OFFICE OF PRICE ADMINISTRATION COVERING THE PAYMENT OF SALARY PLUS TERMINAL LEAVE OF ROBERT RUDOLPH BURKHARDT, A FORMER EMPLOYEE OF THAT AGENCY.

THE EMPLOYEE IN QUESTION TRANSFERRED TO THE PETROLEUM ADMINISTRATION FOR WAR ON OCTOBER 26, 1944. SIMULTANEOUSLY, THE PERSONNEL DIVISION OF THE OFFICE OF PRICE ADMINISTRATION REQUESTED THAT THE EMPLOYEE BE DETAILED TO THEM FOR A PERIOD OF THIRTY (30) DAYS ON A REIMBURSABLE BASIS. THE OFFICE OF PRICE ADMINISTRATION REQUESTED A FURTHER EXTENSION OF THE DETAIL FOR A PERIOD NOT TO EXCEED JANUARY 25, 1945, TO WHICH THIS OFFICE AGREED. SEE COPIES OF CORRESPONDENCE ATTACHED.

TELEPHONE CONTACT WAS MADE WITH THE PERSONNEL DIVISION OF THAT AGENCY AT THE TIME, INQUIRING WITH RESPECT TO THE NECESSITY OF BUDGET BUREAU APPROVAL ON FORM 397, AND AFTER SEVERAL DAYS, WE WERE INFORMED THAT THE APPROPRIATION ACT OF OFFICE OF PRICE ADMINISTRATION DID NOT REQUIRE EXECUTION OF THIS FORM. UPON PRESENTATION OF OUR BILL FOR PAYMENT, WE WERE INFORMED THAT BUDGET BUREAU APPROVAL IS REQUIRED.

ON JANUARY 25, 1945 MR. BURKHARDT WAS INDUCTED INTO THE ARMED FORCES OF THE UNITED STATES, CONSEQUENTLY, THIS AGENCY RECEIVED NO BENEFITS FROM HIS TENURE IN OFFICE. AT THE TIME THE EMPLOYEE WAS TRANSFERRED TO THIS AGENCY, HE HAD ACCRUED AND CREDITED TO HIM A TOTAL OF 524 HOURS OF ANNUAL LEAVE AND DURING THE TIME HE WAS ON THE ROLLS OF THIS AGENCY, HE ACCRUED 34 HOURS, MAKING A TOTAL OF 558 HOURS OF ANNUAL LEAVE FOR WHICH HE WAS PAID UNDER THE TERMS OF PUBLIC LAW 525.

UNDER THE AGREEMENT ABOVE EXPLAINED, THE OFFICE OF PRICE ADMINISTRATION AGREED TO REIMBURSE THIS AGENCY ON THE BASIS OF THE EMPLOYEE'S CURRENT SALARY, HOWEVER, IT IS BELIEVED THAT THIS AGENCY IS ENTITLED TO REIMBURSEMENT FOR ALL TERMINAL LEAVE FOR THE REASON THAT WE DID NOT RECEIVE ANY SERVICE FROM THIS EMPLOYEE. THE OFFICE OF PRICE ADMINISTRATION DISAGREES AND HAS REFUSED TO REIMBURSE THIS AGENCY FOR ANY AMOUNT OTHER THAN THE SALARY FOR THE PERIOD OCTOBER 26, 1944 TO JANUARY 25, 1945 PLUS THE LEAVE ACCRUED FOR THAT PERIOD.

A RULING IN THIS MATTER IS RESPECTFULLY REQUESTED AS TO WHETHER OR NOT IT IS NECESSARY FOR THIS AGENCY TO PAY FOR LEAVE ACCRUED IN THE PRIOR AGENCY WHEN THIS AGENCY RECEIVED NO BENEFITS FROM THE EMPLOYEE.

IF, AS IS UNDERSTOOD FROM YOUR LETTER, THE EMPLOYEE INVOLVED WAS TRANSFERRED FROM THE OFFICE OF PRICE ADMINISTRATION FOR WAR, OCTOBER 26, 1944, THE LEAVE THEN TO HIS CREDIT AS AN EMPLOYEE OF THE OFFICE OF PRICE ADMINISTRATION REQUIRED TO BE TRANSFERRED TO HIS CREDIT AS AN EMPLOYEE OF THE PETROLEUM ADMINISTRATION FOR WAR. SEE SECTION 4.9 (A) OF THE LEAVE REGULATIONS THEN IN EFFECT, EXECUTIVE ORDER 9414. THE FACT THAT THE EMPLOYEE SIMULTANEOUSLY WAS DETAILED UPON A REIMBURSABLE BASIS BACK TO THE OFFICE OF PRICE ADMINISTRATION AND NEVER ACTUALLY SERVED WITH THE PETROLEUM ADMINISTRATION FOR WAR HAS NO BEARING UPON THE QUESTION PRESENTED. ACCORDINGLY, UNDER THE PROVISIONS OF THE ACT OF AUGUST 1, 1941, AS AMENDED BY THE ACT OF APRIL 7, 1942, 56 STAT. 200, AND THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, PUBLIC LAW 525, THE APPROPRIATION OF THE PETROLEUM ADMINISTRATION FOR WAR AVAILABLE FOR THE PAYMENT OF THE EMPLOYEE'S SALARY IS OBLIGATED FOR PAYMENT IN A LUMP SUM FOR THE ANNUAL LEAVE STANDING TO THE CREDIT OF THE EMPLOYEE WHEN HE ENTERED THE ARMED FORCES, SUBJECT TO REIMBURSEMENT FROM THE OFFICE OF PRICE ADMINISTRATION FOR THE TIME ACCRUED DURING THE PERIOD OF THE DETAIL, ONLY. 17 COMP. GEN. 571. IT IS UNDERSTOOD THE OFFICE OF PRICE ADMINISTRATION AGREES TO MAKE SUCH REIMBURSEMENT.

ACCORDINGLY, THE QUESTION POSED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.