B-86800, JULY 5, 1949, 29 COMP. GEN. 10

B-86800: Jul 5, 1949

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OF EMPLOYEES WHO ARE SEPARATED FROM THE SERVICE AT POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. 28 COMP. IS FOR CONSIDERATION IN COMPUTING THE LUMP-SUM PAYMENTS IN ACCORDANCE WITH THE PROVISION OF THE ACT OF DECEMBER 21. ADDITIONAL COMPENSATION" IS NOT TO BE CONSIDERED IN THE COMPUTATION OF LUMP-SUM PAYMENTS OF EMPLOYEES WHO ARE RETURNED TO THE UNITED STATES FOR THE PURPOSE OF BEING SEPARATED. YOUR QUESTIONS HAVE TO DO WITH CLARIFYING THE QUESTION OF WHETHER SUCH "ADDITIONAL COMPENSATION" IS FOR CONSIDERATION IN COMPUTING THE LUMP SUM PAYMENTS UPON THE SEPARATION OF EMPLOYEES LOCALLY AT THE OVERSEAS POST SPECIFICALLY. YOUR QUESTIONS ARE: A. IS THE LANGUAGE IN THE EXECUTIVE ORDER 10000 AND THE BASIC REGULATIONS ISSUED BY THE DEPARTMENT OF STATE AND THE CIVIL SERVICE COMMISSION.

B-86800, JULY 5, 1949, 29 COMP. GEN. 10

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - INCLUSION OF ADDITIONAL COMPENSATION FOR POSITIONS OUTSIDE CONTINENTAL UNITED STATES THE "ADDITIONAL COMPENSATION" AUTHORIZED UNDER SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED, FOR EMPLOYEES STATIONED OUTSIDE THE CONTINENTAL UNITED STATES, SHOULD BE CONSIDERED IN COMPUTING THE LUMP-SUM PAYMENT FOR ANNUAL LEAVE PURSUANT TO THE ACT OF DECEMBER 21, 1944, OF EMPLOYEES WHO ARE SEPARATED FROM THE SERVICE AT POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. 28 COMP. GEN. 377; ID. 465, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE AIR FORCE, JULY 5, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 31, 1949, PRESENTING CERTAIN QUESTIONS, INFRA, ARISING OUT OF THE DECISION OF FEBRUARY 18, 1949, B- 81954, 28 COMP. GEN. 465--- AMPLIFYING THE DECISION OF DECEMBER 23, 1948, B-81954, 28 COMP. GEN. 377--- WHICH HELD THAT IN PROPER CASES THE ,ADDITIONAL COMPENSATION" AUTHORIZED TO BE PAID PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 207 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1949, AS AMENDED BY SECTION 104 OF THE SUPPLEMENTAL INDEPENDENT OFFICES APPROPRIATION ACT, 1949, 62 STAT. 1205, IS FOR CONSIDERATION IN COMPUTING THE LUMP-SUM PAYMENTS IN ACCORDANCE WITH THE PROVISION OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845.

AS STATED IN YOUR LETTER, THE DECISION OF FEBRUARY 18, 1949, SUPRA, LEAVES NO DOUBT THAT SUCH ,ADDITIONAL COMPENSATION" IS NOT TO BE CONSIDERED IN THE COMPUTATION OF LUMP-SUM PAYMENTS OF EMPLOYEES WHO ARE RETURNED TO THE UNITED STATES FOR THE PURPOSE OF BEING SEPARATED. YOUR QUESTIONS HAVE TO DO WITH CLARIFYING THE QUESTION OF WHETHER SUCH "ADDITIONAL COMPENSATION" IS FOR CONSIDERATION IN COMPUTING THE LUMP SUM PAYMENTS UPON THE SEPARATION OF EMPLOYEES LOCALLY AT THE OVERSEAS POST SPECIFICALLY, YOUR QUESTIONS ARE:

A. IS THE LANGUAGE IN THE EXECUTIVE ORDER 10000 AND THE BASIC REGULATIONS ISSUED BY THE DEPARTMENT OF STATE AND THE CIVIL SERVICE COMMISSION,"....... EXCEPT THAT IN THE CASE OF LOCAL RECRUITMENT SUCH PAYMENT SHALL BEGIN AND STOP AS OF THE BEGINNING AND END OF EMPLOYMENT .......' TO BE INTERPRETED TO MEAN:

(1) THE TERMINAL DATE OF EMPLOYMENT STATUS, OR

(2) THE DATE OF RESIGNATION OR LAST DAY OF ACTUAL DUTY AT THE

OFFICIAL DUTY STATION, WHICHEVER IS THE LATER DATE?

B. IS IT PROPER TO INCLUDE THE TERRITORIAL POST DIFFERENTIAL AND THE TERRITORIAL COST-OF-LIVING ALLOWANCE AUTHORIZED UNDER CURRENT REGULATIONS IN THE COMPUTATION OF LUMP SUM PAYMENTS FOR THOSE EMPLOYEES WHO ARE SEPARATED LOCALLY AT THE OVERSEAS OFFICIAL POST OF SSIGNMENT?

WHILE QUESTION (A), OR ITS PURPOSE, IS NOT ENTIRELY CLEAR, IT IS BELIEVED THAT SAID QUESTION MAY BE ANSWERED BY STATING THAT AN EMPLOYEE'S EMPLOYMENT DOES NOT END UNTIL HE FINALLY IS SEPARATED FROM THE ROLLS OF THE GOVERNMENT, THAT IS, UNTIL THE EMPLOYER-EMPLOYEE RELATIONSHIP CEASES TO EXIST.

WITH RESPECT TO QUESTION (B), THERE CAREFULLY HAVE BEEN CONSIDERED THE VARIOUS REASONS ADVANCED IN YOUR LETTER FOR URGING THAT SUCH "ADDITIONAL COMPENSATION" SHOULD NOT BE CONSIDERED IN COMPUTING LUMP SUM PAYMENTS FOR THOSE EMPLOYEES WHO ARE SEPARATED AT POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. HOWEVER, I HAVE CONCLUDED THAT THOSE REASONS DO NOT FORM A SUFFICIENT LEGAL BASIS FOR ARRIVING AT A CONCLUSION DIFFERENT FROM THAT INDICATED IN THE DECISIONS OF DECEMBER 23, 1948, AND FEBRUARY 18, 1949, SUPRA. ACCORDINGLY, QUESTION (B) IS ANSWERED IN THE AFFIRMATIVE.