B-50946, JULY 30, 1945, 25 COMP. GEN. 141

B-50946: Jul 30, 1945

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RETIRED FOR DISABILITY WITHOUT A RETURN TO DUTY IS NOT ENTITLED TO CREDIT FOR ANNUAL LEAVE ACCRUING DURING THE SICK LEAVE PERIOD. 1945: I HAVE YOUR LETTER OF JULY 7. 1941 (55 STAT. 875) THERE IS TRANSMITTED HEREWITH. OLSON WAS INJURED IN LINE OF DUTY ON AUGUST 30. OLSON'S ABSENCE FROM DUTY WAS AS A RESULT OF INJURY INCURRED IN LINE OF DUTY. AFTER WHICH DATE HE WAS RETIRED BY REASON OF DISABILITY. HE IS BEING PAID FOR APPROVED SICK LEAVE ON THE REGULAR PAY ROLL FOR THE PERIOD JUNE 16-30. OLSON WAS APPROVED FOR DISABILITY RETIREMENT EFFECTIVE JULY 1. DECISION IS REQUESTED AS TO WHETHER THIS OFFICE IS CORRECT IN ALLOWING ACCRUAL OF ANNUAL LEAVE DURING THE PERIOD OF MR. CONSTRUING THAT THE DATE OF SEPARATION IS THE LAST DAY OF SERVICE.

B-50946, JULY 30, 1945, 25 COMP. GEN. 141

LEAVES OF ABSENCE - ANNUAL - ACCRUAL DURING SICK LEAVE PRIOR TO SEPARATION WITHOUT RETURN TO DUTY - UNITED STATES PARK POLICE IN VIEW OF THE TERMS OF SECTION 4.2 (A) OF THE ANNUAL AND SICK LEAVE REGULATIONS AUTHORIZING ACCRUAL OF LEAVE DURING LEAVE WITH PAY ONLY IF THERE BE A RETURN TO DUTY, A UNITED STATES PARK POLICEMAN GRANTED EXTENDED SICK LEAVE WITH PAY PURSUANT TO SECTION 2 OF THE ACT OF JULY 3, 1926, AS AMENDED, BECAUSE OF INJURY INCURRED IN LINE OF DUTY, AND RETIRED FOR DISABILITY WITHOUT A RETURN TO DUTY IS NOT ENTITLED TO CREDIT FOR ANNUAL LEAVE ACCRUING DURING THE SICK LEAVE PERIOD, IN THE COMPUTATION OF LUMP- SUM PAYMENT FOR ACCUMULATED ANNUAL LEAVE DUE IN CONNECTION WITH HIS SEPARATION FROM SERVICE BY RETIREMENT.

COMPTROLLER GENERAL WARREN TO FRANK T. GARTSIDE, DEPARTMENT OF THE INTERIOR, JULY 30, 1945:

I HAVE YOUR LETTER OF JULY 7, 1945, AS FOLLOWS:

IN ACCORDANCE WITH THE AUTHORITY OF THE ACT OF CONGRESS APPROVED DECEMBER 29, 1941 (55 STAT. 875) THERE IS TRANSMITTED HEREWITH, FOR ADVANCE DECISION AS TO THE LEGALITY OF THE PROPOSED PAYMENT, A SUPPLEMENTAL PAY ROLL COVERING LUMP SUM PAYMENT FOR ACCRUED AND ACCUMULATED ANNUAL LEAVE IN THE CASE OF MELVIN S. OLSON, PRIVATE, CLASS 4, $2,200 PER ANNUM, U.S. PARK POLICE.

WHILE SERVING AS A MOTORCYCLE OFFICER, MR. OLSON WAS INJURED IN LINE OF DUTY ON AUGUST 30, 1943 AND SINCE THAT DATE HE HAS BEEN UNDER THE CARE OF THE BOARD OF POLICE AND FIRE SURGEONS. IN ACCORDANCE WITH REGULATIONS GOVERNING SICK LEAVE FOR MEMBERS OF THE METROPOLITAN AND PARK POLICE, SICK LEAVE WITH PAY, NOT EXCEEDING 30 DAYS IN ANY ONE CALENDAR YEAR, MAY BE GRANTED UPON RECOMMENDATION OF THE BOARD OF POLICE AND FIRE SURGEONS OF THE DISTRICT OF COLUMBIA. IN CASE OF SICKNESS OR INJURY INCURRED IN ACTUAL PERFORMANCE OF DUTY, ADDITIONAL SICK LEAVE, WITH FULL PAY, MAY LIKEWISE BE GRANTED UPON RECOMMENDATION OF THE BOARD. SINCE MR. OLSON'S ABSENCE FROM DUTY WAS AS A RESULT OF INJURY INCURRED IN LINE OF DUTY, HE HAS BEEN CARRIED ON SICK LEAVE WITH PAY FROM 4 HOURS ON AUGUST 30, 1943 TO AND INCLUDING JUNE 30, 1945, AFTER WHICH DATE HE WAS RETIRED BY REASON OF DISABILITY.

THE AMOUNT STATED ON THE SUPPLEMENTAL PAY ROLL SUBMITTED FOR ADVANCE DECISION REPRESENTS PAYMENT FOR 790 HOURS ACCRUED AND ACCUMULATED LEAVE COMPUTED TO INCLUDE EARNING OF LEAVE THROUGH JUNE 30, 1945, THE LAST DAY OF PAY FOR MR. OLSON. AT THE TIME OF HIS INJURY ON AUGUST 30, 1943, MR. OLSON HAD 408 HOURS ACCRUED ANNUAL LEAVE TO HIS CREDIT. HE IS BEING PAID FOR APPROVED SICK LEAVE ON THE REGULAR PAY ROLL FOR THE PERIOD JUNE 16-30, 1945 AS FOLLOWS:

MOTORCYCLE ALLOWANCE, $5.00; BASE PAY, $91.66; WARTIME BONUS

$12.50; POLICE AND FIREMEN'S RETIREMENT (3 1/2 PERCENT,) $3.21

TAX, $5.30; NET PAY, $100.65 ( STATUS 4.)

BY ACTION OF THE POLICE AND FIREMEN'S RETIRING AND RELIEF BOARD, MR. OLSON WAS APPROVED FOR DISABILITY RETIREMENT EFFECTIVE JULY 1, 1945 WITH DATE OF SEPARATION AS OF THE CLOSE OF JUNE 30. DECISION IS REQUESTED AS TO WHETHER THIS OFFICE IS CORRECT IN ALLOWING ACCRUAL OF ANNUAL LEAVE DURING THE PERIOD OF MR. OLSON'S ABSENCE ON APPROVED SICK LEAVE, CONSTRUING THAT THE DATE OF SEPARATION IS THE LAST DAY OF SERVICE.

YOUR EARLY DECISION WILL BE APPRECIATED SINCE IT IS ANTICIPATED THAT SIMILAR CASES WILL BE PRESENTED IN THE FUTURE.

SECTION 2 OF THE ACT OF JULY 3, 1926, 44 STAT. 834, AS AMENDED (4 D.C. CODE 207,) PROVIDES AS FOLLOWS:

HEREAFTER EACH OF THE MEMBERS OF THE UNITED STATES PARK POLICE FORCE MAY BE GRANTED LEAVE OF ABSENCE WITH PAY FOR SUCH TIME, NOT EXCEEDING TWENTY DAYS IN ANY ONE CALENDAR YEAR, AS THE DIRECTOR OF THE NATIONAL PARK SERVICE SHALL DETERMINE. PROVIDED FURTHER, THAT UPON THE RECOMMENDATION OF THE BOARD OF POLICE AND FIRE SURGEONS OF THE DISTRICT OF COLUMBIA, ACTING AS SUCH BOARD, OR MEMBERS THEREOF IN THEIR INDIVIDUAL CAPACITY, AND WITH THE APPROVAL OF THE DIRECTOR, MEMBERS OF THE UNITED STATES PARK POLICE FORCE MAY BE GRANTED ADDITIONAL LEAVE WITH PAY ON ACCOUNT OF SICKNESS, NOT TO EXCEED THIRTY DAYS IN ANY ONE CALENDAR YEAR; EXCEPT THAT IN CASE OF SICKNESS OR INJURY INCURRED IN ACTUAL PERFORMANCE OF DUTY, THE DIRECTOR OF THE NATIONAL PARK SERVICE MAY GRANT SUCH ADDITIONAL SICK LEAVE, WITH FULL PAY, AS MAY BE RECOMMENDED BY THE BOARD OF POLICE AND FIRE SURGEONS, ACTING AS SUCH, OR MEMBERS THEREOF IN THEIR INDIVIDUAL CAPACITY.

WHILE SICK LEAVE FOR MEMBERS OF THE UNITED STATES PARK POLICE FORCE IS UNDERSTOOD TO BE GOVERNED BY REGULATIONS ISSUED PURSUANT TO THE ABOVE ACT, THEIR ANNUAL LEAVE IS UNDERSTOOD, ALSO, TO BE GOVERNED NOW BY THE LEAVE REGULATIONS APPLICABLE GENERALLY TO CIVILIAN EMPLOYEES OF THE GOVERNMENT.

SECTION 4.2 (A) OF THE CURRENT LEAVE REGULATIONS FOR CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT, EFFECTIVE JANUARY 1, 1945, PROVIDES AS FOLLOWS. " LEAVE SHALL ACCRUE TO AN EMPLOYEE WHILE IN A LEAVE-WITH-PAY STATUS PROVIDING HE RETURNS TO DUTY.' ( ITALICS SUPPLIED.) AN IDENTICAL PROVISION APPEARS IN THE LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1944. COMPARE SECTION 9 (A) OF THE REGULATIONS ISSUED MAY 1, 1940.

ALTHOUGH MR. OLSON WAS IN A LEAVE-WITH-PAY STATUS FROM THE TIME OF HIS INJURY ON AUGUST 30, 1943, TO THE DATE OF HIS SEPARATION FROM THE SERVICE ON JUNE 30, 1945, NO ANNUAL LEAVE ACCRUED TO HIM DURING SUCH ABSENCE BY VIRTUE OF THE ABOVE-QUOTED REGULATION BECAUSE HE DID NOT RETURN TO DUTY PRIOR TO HIS SEPARATION. THAT BEING SO, THE LUMP-SUM PAYMENT FOR ANNUAL LEAVE MAY NOT INCLUDE ANY ALLOWANCE FOR ANNUAL LEAVE IN RESPECT OF THAT PERIOD BUT MAY INCLUDE ONLY THE ALLOWANCE FOR THE UNUSED ANNUAL LEAVE TO HIS CREDIT AT THE TIME OF HIS INJURY ON AUGUST 30, 1943, AND WHICH REMAINED TO HIS CREDIT AT TIME OF SEPARATION.

IN THE LIGHT OF THE FOREGOING THE PAY ROLL VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT IN ITS PRESENT FORM.