B-94420, JUNE 9, 1950, 29 COMP. GEN. 492

B-94420, JUNE 9, 1950, 29 COMP. GEN. 492

OFFICERS AND EMPLOYEES - SUSPENSION OR REMOVAL - RESTORATION AN EMPLOYEE WHO WAS ERRONEOUSLY FURLOUGHED IN A REDUCTION IN FORCE AND CARRIED IN A NONPAY STATUS AFTER EXHAUSTION OF HIS ANNUAL LEAVE IS ENTITLED UPON REINSTATEMENT TO THE BACK-PAY BENEFITS OF THE ACT OF JUNE 10, 1948, ONLY FROM THE DATE HE WAS PLACED IN A FURLOUGH WITHOUT PAY STATUS AND COMPENSATION FOR SUCH FURLOUGH PERIOD SHOULD BE COMPUTED AT THE RATE RECEIVED ON THE DATE THE FURLOUGH WITHOUT PAY BEGAN.

ACTING COMPTROLLER GENERAL YATES TO PAULINE HOFFMAN, PUBLIC HOUSING ADMINISTRATION, JUNE 9, 950:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 5, 1950, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED COVERING COMPENSATION TO DU EDWIN NEEL FROM JANUARY 3, 1949, TO SEPTEMBER 17, 1949, UNDER THE CIRCUMSTANCES HEREINAFTER STATED.

YOU STATE THAT MR. NEEL WAS NOTIFIED BY MEMORANDUM OF SEPTEMBER 10, 1948, OF AN IMPENDING REDUCTION IN FORCE, WHICH MEMORANDUM WAS AMENDED TO ESTABLISH DECEMBER 3, 1948, AS HIS LAST DAY OF ACTIVE DUTY. BY PERSONNEL ACTION, DATED NOVEMBER 30, 1948, HE WAS FURLOUGHED UPON REDUCTION IN FORCE, GIVING HIS LAST DAY OF ACTIVE DUTY AS DECEMBER 3 AFTER WHICH HE WAS TO BE CARRIED IN AN ANNUAL LEAVE STATUS UNTIL THE EXHAUSTION OF HIS ACCRUED ANNUAL LEAVE, AND THEREAFTER IN A NONPAY STATUS THROUGH SEPTEMBER 9, 1949. THE ANNUAL LEAVE AVAILABLE TO MR. NEEL EXPIRED AT THE CLOSE OF BUSINESS DECEMBER 31, 1948, AND HE WAS CARRIED IN A LEAVE WITHOUT PAY STATUS UNTIL JUNE 6, 1949, AT WHICH TIME HE WAS TRANSFERRED TO DUTY WITH THE WAR DEPARTMENT, CORPS OF ENGINEERS, GALVESTON, TEXAS. MR. NEEL'S SALARY ON DECEMBER 3, 1948, HIS LAST DAY OF ACTIVE DUTY, WAS $3,852.60, AND IT WAS INCREASED, EFFECTIVE DECEMBER 26, 1948, BY PERIODIC PAY INCREASE TO $3,978. HIS RESTORATION WITH YOUR ADMINISTRATION WAS EFFECTIVE AT THE BEGINNING OF BUSINESS SEPTEMBER 19, 1949, PURSUANT TO A FAVORABLE DECISION BY THE CIVIL SERVICE COMMISSION UPON HIS APPEAL FROM THE ADMINISTRATIVE ACTION SEPARATING HIM FROM THE SERVICE THROUGH THE SAID REDUCTION IN FORCE ACTION. FURTHER, IT IS STATED THAT THE DEPARTMENT OF THE ARMY HAS CERTIFIED THAT A TOTAL PAYMENT OF $1,100.43 WAS MADE TO THE EMPLOYEE FOR HIS SERVICES IN THAT DEPARTMENT AND THAT SUCH AMOUNT HAS BEEN DEDUCTED FROM THE PRESENT VOUCHER.

IN 28 COMP. GEN. 333, IT WAS HELD BY THIS OFFICE, QUOTING FROM THE SYLLABUS:

UNDER SECTION 6 (B) (3) OF THE ACT OF AUGUST 24, 1912, AS ADDED BY THE ACT OF JUNE 10, 1948, PROVIDING THAT A PERSON ERRONEOUSLY REMOVED OR SUSPENDED WITHOUT PAY IN A REDUCTION IN FORCE AND SUBSEQUENTLY REINSTATED IS TO BE DEEMED AS HAVING RENDERED SERVICE FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE DURING THE PERIOD OF REMOVAL OR SUSPENSION, AN EMPLOYEE IS NOT ENTITLED TO AN ADJUSTMENT IN LEAVE ACCRUALS FOR ANNUAL LEAVE TAKEN DUE TO THE NOTICE OF REDUCTION IN FORCE FOR THE PERIOD IMMEDIATELY PRIOR TO DATE OF REMOVAL; NEITHER MAY THE EMPLOYEE BE GIVEN CREDIT FOR LEAVE ACCRUALS DURING THE PERIOD OF REMOVAL OR SUSPENSION.

UPON THE FACTS STATED ABOVE, MR. NEEL BECAME ENTITLED TO THE BENEFITS OF THE ACT OF JUNE 10, 1948, P.L. 623, 62 STAT. 354, ONLY FROM THE DATE ORIGINALLY PLACED IN A LEAVE WITHOUT PAY STATUS, THAT IS, BEGINNING JANUARY 3, 1949. AS HE HAD PREVIOUSLY BEEN GIVEN THE WITHIN GRADE SALARY ADVANCE EFFECTIVE DECEMBER 26, 1948, PAYMENT FOR THE PERIOD OF SUSPENSION WITHOUT PAY PROPERLY IS TO BE COMPUTED AT THE INCREASED RATE OF $3,978 PER ANNUM. THE DATE OF JUNE 6, 1949, THAT MR. NEEL WAS REMOVED FROM THE PAYROLLS OF YOUR AGENCY AND TRANSFERRED TO THE CORPS OF ENGINEERS IS NOT MATERIAL AS HIS RIGHTS UNDER THE ACT OF JUNE 10, 1948, ATTACHED AT THE DATE OF HIS FURLOUGH WITHOUT PAY. PAYMENT UPON THE VOUCHER HEREWITH RETURNED SHOULD BE IN ACCORDANCE WITH THE FOREGOING.

YOUR QUESTION AS TO THE CREDITING OF LEAVE IS NOT PROPERLY FOR DECISION UPON REQUEST OF A CERTIFYING OFFICER AS IT IS A MATTER NOT INVOLVED IN THE VOUCHER SUBMITTED.