B-49330, MAY 4, 1945, 24 COMP. GEN. 802

B-49330, MAY 4, 1945, 24 COMP. GEN. 802

LUMP-SUM LEAVE PAYMENTS - COOPERATIVE EMPLOYEES WHERE A COOPERATIVE EMPLOYEE, WHOSE SALARY IS APPORTIONED BETWEEN THE FEDERAL GOVERNMENT AND A STATE, WAS APPOINTED FROM A FEDERALLY CONTROLLED POSITION AND, HENCE, WITHIN THE PURVIEW OF THE ANNUAL LEAVE STATUTE OF MARCH 14, 1936, TO A POSITION CONTROLLED BY THE COOPERATING STATE AND, HENCE, NOT WITHIN THE PURVIEW OF SAID STATUTE, THE EMPLOYEE IS TO BE REGARDED AS HAVING BEEN SEPARATED FROM FEDERAL SERVICE SO AS TO BE ENTITLED TO A LUMP-SUM PAYMENT FOR HIS LEAVE UNDER THE ACT OF DECEMBER 21, 1944, AND THE ENTIRE AMOUNT OF THE PAYMENT, COMPUTED ON THE TOTAL SALARY RATE OF THE POSITION FROM WHICH SEPARATED, IS PAYABLE FROM FEDERAL FUNDS.

COMPTROLLER GENERAL WARREN TO G. O. LATHEM, DEPARTMENT OF AGRICULTURE, MAY 4, 1945:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 23, 1945, AS FOLLOWS:

SUBJECT: PAYROLL--- RUSSELL B. ALDERFER

THERE HAS BEEN SUBMITTED TO ME FOR CERTIFICATION THE ATTACHED PAYROLL IN THE SUM OF $156.33 REPRESENTING A PROPOSED LUMP-SUM PAYMENT TO MR. RUSSELL B. ALDERFER UNDER PUBLIC LAW 525, 78TH CONGRESS. THE FACTS IN THIS CASE ARE THAT BY OFFICIAL ACTION DATED JULY 29, 1943, MR. ALDERFER RECEIVED A CHANGE IN STATUS FROM JUNIOR SOIL TECHNOLOGIST, P-1, $2200 PER ANNUM, TO ASSISTANT SOIL SCIENTIST ( AGENT) " FEDERALLY CONTROLLED," P-2, $600 PER ANNUM PAYABLE BY SOIL CONSERVATION SERVICE. IN ADDITION TO THIS SALARY, $2000 PER ANNUM WAS PAYABLE BY THE STATE OF PENNSYLVANIA. HIS STATUS AS A FEDERALLY CONTROLLED COOPERATIVE EMPLOYEE CONTINUED UNTIL FEBRUARY 1, 1945, WHEN BY OFFICIAL ACTION DATED JANUARY 31, 1945, HE RECEIVED A PAY ADJUSTMENT FROM SOIL SCIENTIST ( AGENT) " FEDERALLY CONTROLLED," P-2, $600 PER ANNUM PAID BY SOIL CONSERVATION SERVICE, AND IN ADDITION $2000 PER ANNUM, BY THE STATE OF PENNSYLVANIA, TO SOIL SCIENTIST ( AGENT) " COOPERATIVELY CONTROLLED," UNALLOCATED, $1200 PER ANNUM, PAYABLE BY SOIL CONSERVATION SERVICE, AND IN ADDITION $2250 PAYABLE BY THE STATE OF PENNSYLVANIA. BOTH OF THESE ACTIONS, CERTIFIED TRUE COPIES ATTACHED, PROCEED FROM THE AUTHORITY CONTAINED IN THE COOPERATIVE PROJECT AGREEMENT NO. A-SC-318, DATED JULY 1, 1937, AS AMENDED, AND RENEWED FROM YEAR TO YEAR TO AND INCLUDING JUNE 30, 1945 BETWEEN THE AGRICULTURAL EXPERIMENT STATION OF THE PENNSYLVANIA STATE COLLEGE AND THE SOIL CONSERVATION SERVICE. IT IS BELIEVED THAT THE ORIGINAL COPY OF THIS AGREEMENT IS ON FILE IN THE GENERAL ACCOUNTING OFFICE. HOWEVER, FOR THE PURPOSE OF THIS PRESENTATION, THE PERTINENT SECTION XIV, AGREEMENTS, SUBSECTION (C) PARAGRAPH (1), DEALING WITH COOPERATIVE APPOINTMENTS FOR CARRYING OUT THE RESEARCH PROGRAM IS QUOTED IN FULL HEREAFTER:

"/C) IT IS MUTUALLY AGREED:

"/1) THAT FROM TIME TO TIME IT MAY BE ADVISABLE TO ESTABLISH COOPERATIVE APPOINTMENTS UNDER WHICH THE REMUNERATION OF THE EMPLOYEE IS SHARED BY THE TWO AGENCIES COOPERATING UNDER THIS COOPERATIVE PROJECT AGREEMENT. EVERY CASE THE PROPORTION OF THE SALARY TO BE BORNE BY EACH OF THE AGENCIES WILL BE MUTUALLY AGREED UPON. SUCH APPOINTMENTS WILL BE ESTABLISHED IN ACCORDANCE WITH THE RULES OF THE DEPARTMENT OF AGRICULTURE AND THE UNITED STATES CIVIL SERVICE COMMISSION REGARDING APPOINTMENTS OF THIS KIND.'

THE PRELIMINARY AUDIT OF THE VOUCHER INDICATES THAT THE FORMULA USED IN ARRIVING AT THE AMOUNT OF $156.33 COMBINES THE FEDERAL AND STATE SALARIES; THAT IS, $600 PER ANNUM AND $2000 PER ANNUM FOR THE PERIOD 2/1/45 TO 3/19/45 11:00 A.M., THE CALENDAR EQUIVALENT OF THE ACCUMULATED AND ACCRUED LEAVE OF 38 DAYS, 3 HOURS STANDING TO MR. ALDERFER'S CREDIT ON JANUARY 31, 1945. IT IS ASSUMED THAT THIS METHOD WAS USED IN VIEW OF DECISIONS 11 C.G. 187 AND 17 C.G. 362, THE SYLLABUS OF THE LATTER STATING THAT:

"EMPLOYEES APPOINTED BY THE DEPARTMENT OF AGRICULTURE IN CONNECTION WITH COOPERATIVE WORK WITH STATES, ETC., WHOSE DUTIES AND TIME OF WORK ARE SUPERVISED AND CONTROLLED BY FEDERAL OFFICERS, ARE EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, REGARDLESS OF WHETHER A PORTION OR ALL OF THEIR SALARIES IS PAID BY THE FEDERAL GOVERNMENT, OR OTHERWISE, AND SHOULD BE REGARDED AS ON A CONTINUOUS DUTY STATUS FOR LEAVE PURPOSES.'

AFTER MR. ALDERFER ENTERED ON THE DUTIES OF HIS NEW POSITION AS A COOPERATIVELY CONTROLLED EMPLOYEE FEBRUARY 1, 1945, HE WAS, OF COURSE, NO LONGER WITHIN THE PURVIEW OF THE FEDERAL LEAVE REGULATIONS. IT WOULD SEEM, THEREFORE, THAT THIS WOULD CONSTITUTE A "SEPARATION" UNDER PUBLIC LAW 525, 78TH CONGRESS, ENTITLING HIM TO A "LUMP SUM" PAYMENT FOR LEAVE ON THE PORTION OF HIS SALARY PAID BY THE SOIL CONSERVATION SERVICE AS A " FEDERALLY CONTROLLED, EMPLOYEE PRIOR TO FEBRUARY 1, 1945; NAMELY, $600 PER ANNUM. I AM IN DOUBT, HOWEVER, AS TO WHETHER THE STATE CONTRIBUTION TO HIS SALARY AT THE RATE OF $2000 PER ANNUM SHOULD BE CONSIDERED IN ARRIVING AT THE AMOUNT DUE. WILL YOU, THEREFORE, ADVISE ME WHETHER THE VOUCHER MAY BE CERTIFIED AS STATED OR SHOULD THE "LUMP SUM" PAYMENT BE RECOMPUTED ON THE BASIS OF THE FEDERAL PORTION ONLY OF MR. ALDERFER'S SALARY.

IT IS UNDERSTOOD FROM YOUR LETTER AND THE ENCLOSED PAPERS THAT EFFECTIVE JANUARY 31, 1945, MR. ALDERFER WAS SEPARATED FROM A FEDERALLY CONTROLLED COOPERATIVE POSITION IN GRADE P-2 WITH SALARY RATE OF $2,600 PER ANNUM, $600 OF WHICH WAS PAID BY THE FEDERAL GOVERNMENT AND $2,000 OF WHICH WAS PAID BY THE STATE OF PENNSYLVANIA, AND THAT EFFECTIVE FEBRUARY 1, 1945, HE WAS APPOINTED TO A POSITION THE DUTIES AND RESPONSIBILITIES, AND THE DETERMINATION OF SALARY OF WHICH ARE CONTROLLED BY THE STATE OF PENNSYLVANIA. UPON THE BASIS OF THOSE FACTS, THE POSITION HELD PRIOR TO FEBRUARY 1, 1945, PROPERLY IS FOR VIEWING AS A FEDERAL POSITION WITHIN THE PURVIEW OF THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, WHEREAS THE POSITION HELD ON AND AFTER FEBRUARY 1, 1945, IS NOT A FEDERAL POSITION UNDER ANY FEDERAL LEAVE LAW. HENCE, THERE MAY BE REGARDED AS HAVING BEEN A SEPARATION FROM FEDERAL SERVICE EFFECTIVE JANUARY 31, 1945, WITHIN THE MEANING OF SECTION 1 OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, PUBLIC LAW 525. COMPARE QUESTION AND ANSWER 7, DECISION OF JANUARY 13, 1945, B 46726, 24 COMP. GEN. 522.

SINCE THE EMPLOYEE IS ENTITLED TO LEAVE OF ABSENCE AS A FEDERAL EMPLOYEE UNDER THE FEDERAL LEAVE LAW, AND AS THE FEDERAL LAW--- ACT OF DECEMBER 21, 1944--- AUTHORIZING A LUMP-SUM PAYMENT FOR LEAVE IN ADDITION TO THE SALARY OF THE EMPLOYEE UP TO DATE OF SEPARATION, IS AN OBLIGATION OF THE FEDERAL GOVERNMENT RATHER THAN OF THE COOPERATIVE, WHICH LUMP SUM THE STATE OF PENNSYLVANIA DID NOT AGREE TO ASSUME, IT IS PROPER TO COMPUTE THE LUMP-SUM PAYMENT IN THE CASE PRESENTED UPON THE BASIS OF THE TOTAL SALARY RATE OF $2,600 PER ANNUM AND TO CHARGE THE ENTIRE AMOUNT THEREOF TO FEDERAL FUNDS. CF. 22 COMP. GEN. 702, 745.

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