B-84585, MAY 16, 1963

B-84585: May 16, 1963

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YOUR CLAIM PREVIOUSLY WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 17. AT THAT TIME THERE WAS NO LAW AUTHORIZING PAYMENT OF COMPENSATION FOR UNUSED ANNUAL LEAVE TO THE CREDIT OF A FEDERAL EMPLOYEE AFTER SEPARATION FROM THE SERVICE BY DEATH. COMPENSATION FOR ALL OF HIS ACCUMULATED AND CURRENT ACCRUED ANNUAL OR VACATION LEAVE IN A LUMP SUM EQUAL TO THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE SHALL BE PAID. THE APPLICABLE LAW WAS NOT RETROACTIVELY EFFECTIVE. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED DECEMBER 17. YOU ARE ADVISED THAT SECTION 2 OF THE ACT OF DECEMBER 21.

B-84585, MAY 16, 1963

TO MRS. GLENIS E. GILLIAM:

YOUR LETTER OF APRIL 29, 1963, CONCERNS YOUR CLAIM FOR AN AMOUNT BELIEVED TO BE DUE FOR UNUSED ANNUAL LEAVE OF YOUR LATE HUSBAND, THOMAS L. MCCLAHAHAN, AS AN EMPLOYEE OF THE DEPARTMENT OF "WAR" (NOW "ARMY"). YOUR CLAIM PREVIOUSLY WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 17, 1947.

ACCORDING TO THE RECORD YOUR HUSBAND DIED APRIL 25, 1944. AT THAT TIME THERE WAS NO LAW AUTHORIZING PAYMENT OF COMPENSATION FOR UNUSED ANNUAL LEAVE TO THE CREDIT OF A FEDERAL EMPLOYEE AFTER SEPARATION FROM THE SERVICE BY DEATH.

SECTION 2 OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, PROVIDED IN PERTINENT PART, AS OLLOWS:

"UPON THE DEATH OF ANY CIVILIAN OFFICER OR EMPLOYEE OF THE FEDERAL GOVERNMENT, OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, COMPENSATION FOR ALL OF HIS ACCUMULATED AND CURRENT ACCRUED ANNUAL OR VACATION LEAVE IN A LUMP SUM EQUAL TO THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE SHALL BE PAID, UPON THE ESTABLISHMENT OF A VALID CLAIM THEREFOR, IN THE FOLLOWING ORDER OF PRECEDENCE: * * *"

SINCE YOUR LATE HUSBAND DIED PRIOR TO DECEMBER 21, 1944, AND THE APPLICABLE LAW WAS NOT RETROACTIVELY EFFECTIVE, YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED DECEMBER 17, 1947.

ALTHOUGH NOT PERTINENT TO YOUR CLAIM, YOU ARE ADVISED THAT SECTION 2 OF THE ACT OF DECEMBER 21, 1944, WAS REPEALED BY THE ACT OF AUGUST 3, 1950, PUB.L. 636, 64 STAT. 396. WHILE THE LATTER ACT ALSO AUTHORIZED LUMP SUM PAYMENTS FOR ACCUMULATED OR ACCRUED ANNUAL LEAVE UPON DEATH, IT TOO MADE NO PROVISION FOR RETROACTIVE PAYMENTS.

THEREFORE OUR OFFICE SETTLEMENT OF DECEMBER 17, 1947, IS CORRECT, AND IT MUST BE AND HEREBY IS SUSTAINED.