B-156534, FEB. 27, 1970
Highlights
UNUSED DECISION TO CLAIMANT HOLDING THAT PAYMENT FOR UNUSED SICK LEAVE PROVIDED IN SECTION 203 OF PUBLIC LAW 91-93 IS NOT APPLICABLE TO EMPLOYEES WHO RETIRED PRIOR TO OCTOBER 20. THOMAS WRIGHT: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22. THE RECORD INDICATES THAT AFTER YOUR OPTIONAL RETIREMENT YOU APPARENTLY WERE HOSPITALIZED AND GIVEN SURGICAL TREATMENT IN MARCH AND APRIL 1963. IN OCTOBER 1964 YOU FILED A CLAIM FOR SICK LEAVE SAID TO HAVE BEEN TO YOUR CREDIT AT THE TIME OF YOUR OPTIONAL RETIREMENT. WE HELD THAT WE HAD NO AUTHORITY TO PAY YOU FOR SICK LEAVE WHICH MAY HAVE BEEN TO YOUR CREDIT AT THE TIME OF YOUR OPTIONAL RETIREMENT. YOU BELIEVE YOU ARE ENTITLED TO CREDIT UNDER PUBLIC LAW 91-93 FOR SUCH UNUSED SICK LEAVE.
B-156534, FEB. 27, 1970
CIVIL PAY--SICK LEAVE--UNUSED DECISION TO CLAIMANT HOLDING THAT PAYMENT FOR UNUSED SICK LEAVE PROVIDED IN SECTION 203 OF PUBLIC LAW 91-93 IS NOT APPLICABLE TO EMPLOYEES WHO RETIRED PRIOR TO OCTOBER 20, 1969.
TO MR. THOMAS WRIGHT:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 22, 1969, REQUESTING CREDIT UNDER THE PROVISIONS OF PUBLIC LAW 91-93, APPROVED OCTOBER 20, 1969, FOR UNUSED SICK LEAVE AT THE TIME OF YOUR OPTIONAL RETIREMENT ON JUNE 30, 1962.
THE RECORD INDICATES THAT AFTER YOUR OPTIONAL RETIREMENT YOU APPARENTLY WERE HOSPITALIZED AND GIVEN SURGICAL TREATMENT IN MARCH AND APRIL 1963. IN OCTOBER 1964 YOU FILED A CLAIM FOR SICK LEAVE SAID TO HAVE BEEN TO YOUR CREDIT AT THE TIME OF YOUR OPTIONAL RETIREMENT. IN DECISION B-156534, APRIL 26, 1965, WE HELD THAT WE HAD NO AUTHORITY TO PAY YOU FOR SICK LEAVE WHICH MAY HAVE BEEN TO YOUR CREDIT AT THE TIME OF YOUR OPTIONAL RETIREMENT. YOU BELIEVE YOU ARE ENTITLED TO CREDIT UNDER PUBLIC LAW 91-93 FOR SUCH UNUSED SICK LEAVE.
SECTION 203 OF PUBLIC LAW 91-93 PROVIDES, IN PART, THAT THE TOTAL SERVICE OF AN EMPLOYEE, WHO RETIRES ON AN IMMEDIATE ANNUITY, INCLUDES THE DAYS OF UNUSED SICK LEAVE FOR THE PURPOSE OF COMPUTING THE ANNUITY. SECTION 207 OF THE ACT PROVIDES, IN PERTINENT PART, AS FOLLOWS:
"(A) THE AMENDMENTS MADE BY SECTIONS 201, 202, 203 AND 206 (A) OF THIS ACT SHALL NOT APPLY IN THE CASES OF PERSONS RETIRED OR OTHERWISE SEPARATED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, AND THE RIGHTS OF SUCH PERSONS AND THEIR SURVIVORS SHALL CONTINUE IN THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH SECTIONS HAD NOT BEEN ENACTED."
SINCE THE UNUSED SICK LEAVE PROVISION IS NOT APPLICABLE TO EMPLOYEES WHO RETIRED PRIOR TO OCTOBER 20, 1969, THE DATE OF ENACTMENT OF THE ACT, AND YOU RETIRED ON JUNE 30, 1962, THERE IS NO BASIS FOR CREDITING YOUR UNUSED SICK LEAVE EITHER FOR THE PURPOSE OF RECEIVING A LUMP-SUM PAYMENT THEREFOR OR TO INCREASE YOUR RETIREMENT ANNUITY.