B-90376, NOVEMBER 25, 1949, 29 COMP. GEN. 234

B-90376: Nov 25, 1949

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WHO WAS THEREFORE NOT REQUIRED UNDER APPLICABLE LEAVE REGULATIONS TO REFUND SALARY PAID FOR PERIODS OF ADVANCED ANNUAL OR SICK LEAVE. 1949: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 25. REQUESTING A DECISION IN THE CASE OF AN EMPLOYEE WHO WAS RETIRED BECAUSE OF DISABILITY ON SEPTEMBER 17. WHO WAS REEMPLOYED ON SEPTEMBER 29. THE QUESTION RAISED BY YOUR LETTER IS WHETHER THE EMPLOYEE NOW SHOULD BE REQUIRED TO REFUND THE AMOUNT PAID HIM FOR THE EXCESS LEAVE ADVANCED PRIOR TO HIS SEPARATION BY RETIREMENT FOR DISABILITY. THE EMPLOYEE REFERRED TO IS NOT INDEBTED TO THE GOVERNMENT FOR THE EXCESS LEAVE ADVANCED PRIOR TO HIS RETIREMENT. THERE IS NO AMOUNT WHICH HE NOW SHOULD BE REQUIRED TO REFUND BECAUSE OF SAID EXCESS LEAVE.

B-90376, NOVEMBER 25, 1949, 29 COMP. GEN. 234

LEAVES OF ABSENCE - ADVANCES - REEMPLOYMENT AFTER RETIREMENT AN EMPLOYEE PREVIOUSLY RETIRED FOR DISABILITY, WHO WAS THEREFORE NOT REQUIRED UNDER APPLICABLE LEAVE REGULATIONS TO REFUND SALARY PAID FOR PERIODS OF ADVANCED ANNUAL OR SICK LEAVE, DOES NOT, UPON REEMPLOYMENT, BECOME INDEBTED TO THE UNITED STATES FOR SUCH SALARY PAYMENTS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE PUBLIC PRINTER, NOVEMBER 25, 1949:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 25, 1949, REQUESTING A DECISION IN THE CASE OF AN EMPLOYEE WHO WAS RETIRED BECAUSE OF DISABILITY ON SEPTEMBER 17, 1943, AND WHO WAS REEMPLOYED ON SEPTEMBER 29, 1949--- HE HAVING BEEN ADVANCED ANNUAL AND SICK LEAVE IN EXCESS OF THAT EARNED AT THE TIME OF HIS RETIREMENT. THE QUESTION RAISED BY YOUR LETTER IS WHETHER THE EMPLOYEE NOW SHOULD BE REQUIRED TO REFUND THE AMOUNT PAID HIM FOR THE EXCESS LEAVE ADVANCED PRIOR TO HIS SEPARATION BY RETIREMENT FOR DISABILITY.

THE ANNUAL AND SICK LEAVE REGULATIONS PROMULGATED BY EXECUTIVE ORDERS NOS. 8384 AND 8385, RESPECTIVELY, OF MARCH 29, 1940, IN EFFECT AT THE TIME OF THE EMPLOYEE'S RETIREMENT, DO NOT REQUIRE THAT EMPLOYEES RETIRED FOR DISABILITY OR UNABLE TO RETURN TO DUTY BECAUSE OF DISABILITY BE HELD INDEBTED FOR LEAVE ADVANCED AND USED IN EXCESS OF THAT EARNED.

ACCORDINGLY, UPON THE FACTS REPORTED IN YOUR LETTER, AND THE LAW APPLICABLE THERETO, THE EMPLOYEE REFERRED TO IS NOT INDEBTED TO THE GOVERNMENT FOR THE EXCESS LEAVE ADVANCED PRIOR TO HIS RETIREMENT, AND THERE IS NO AMOUNT WHICH HE NOW SHOULD BE REQUIRED TO REFUND BECAUSE OF SAID EXCESS LEAVE. THE QUESTION AS TO WHETHER IT IS REQUIRED THAT THE EXCESS LEAVE SO USED BE CHARGED AGAINST LEAVE ACCRUING AS A RESULT OF HIS REEMPLOYMENT WOULD APPEAR FOR DETERMINATION BY THE CIVIL SERVICE COMMISSION.