B-105004, SEPTEMBER 5, 1951, 31 COMP. GEN. 72

B-105004, SEPTEMBER 5, 1951, 31 COMP. GEN. 72

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - FOREIGN SERVICE OFFICER OCCUPYING A DEPARTMENTAL POSITION A FOREIGN SERVICE OFFICER WHO IS ASSIGNED TO A DEPARTMENTAL POSITION AT A SALARY RATE HIGHER THAN THAT OF HIS FOREIGN SERVICE POSITION, PURSUANT TO SECTION 571 (D) OF THE FOREIGN SERVICE ACT OF 1946, AND WHO IS SEPARATED FROM THE SERVICE WHILE IN THE DEPARTMENTAL POSITION IS ENTITLED TO A LUMP- SUM PAYMENT FOR ANNUAL LEAVE TO HIS CREDIT AT THE SALARY RATE OF THE DEPARTMENTAL POSITION, PROVIDED THE FOUR-YEAR LIMITATION UPON DEPARTMENTAL ASSIGNMENTS IN SECTION 571 (A) OF THE ACT DOES NOT EXPIRE DURING THE LUMP- SUM LEAVE PERIOD, IN WHICH EVENT LUMP SUM PAYMENT FOR THE LEAVE EXTENDING BEYOND SAID FOUR-YEAR PERIOD IS TO BE COMPUTED AT THE RATE OF COMPENSATION OF HIS FOREIGN SERVICE POSITION.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF STATE, SEPTEMBER 5, 1951.

REFERENCE IS MADE TO LETTER OF AUGUST 2, 1951, FROM THE DEPUTY UNDER SECRETARY, REQUESTING DECISION WITH RESPECT TO THE PROPER RATE OF COMPENSATION TO BE USED IN COMPUTING LUMP-SUM LEAVE PAYMENT TO AN OFFICER OF THE FOREIGN SERVICE WHO HAS BEEN ASSIGNED TO A DEPARTMENTAL POSITION AS AUTHORIZED BY SECTION 571 (A) OF THE FOREIGN SERVICE ACT OF AUGUST 13, 1946, 60 STAT. 1011, AND WHO IS SEPARATED FROM THE SERVICE WHILE SO ASSIGNED.

IT APPEARS FROM THE SUBMISSION THAT THE OFFICER IN QUESTION IS IN RECEIPT OF A SALARY UNDER THE ASSIGNMENT AT A RATE HIGHER THAN THAT APPLICABLE TO HIS FOREIGN SERVICE POSITION, THE PAYMENT AT SUCH HIGHER RATE BEING AUTHORIZED BY SECTION 571 (D) OF THE FOREIGN SERVICE ACT, 60 STAT. 1012. IT IS STATED TO BE THE PRACTICE OF THE DEPARTMENT "TO PAY ONLY THE BASIC FOREIGN SERVICE SALARY IN A LUMP SUM FOR ACCUMULATED LEAVE" WHEN SEPARATION IS EFFECTED, AND THAT AT SUCH TIME TWO PERSONNEL ACTIONS ARE TAKEN, ONE TO SEPARATE THE OFFICER FROM THE DEPARTMENTAL POSITION, THE OTHER, TO SEPARATE HIM FROM THE FOREIGN SERVICE--- THE ACTIONS BEARING IDENTICAL DATES.

PURSUANT TO THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845, THE PAYMENT IN A LUMP SUM FOR ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT UPON SEPARATION OR TRANSFER TO A DIFFERENT LEAVE SYSTEM REPRESENTS "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.' THAT PROVISION OF LAW HAS BEEN HELD BY THIS OFFICE TO INCLUDE ALL ADDITIONS TO AN EMPLOYEE'S COMPENSATION OF WHICH HE LAWFULLY WAS IN RECEIPT ON THE DATE OF SEPARATION. 27 COMP. GEN. 92; 28 ID. 377, AND 465; 29 ID. 10. ACCORDINGLY, SINCE THE OFFICER HERE INVOLVED WOULD, UNDER THE PROVISIONS OF SECTION 571 (D) OF THE STATUTE, SUPRA, HAVE RECEIVED THE DEPARTMENTAL SALARY HAD HE REMAINED ON THE ASSIGNMENT OVER THE PERIOD COVERED BY THE LEAVE IT FOLLOWS THAT HIS LUMP-SUM LEAVE PAYMENT SHOULD BE COMPUTED AT THE RATE OF COMPENSATION HE WAS RECEIVING ON THE DATE OF SEPARATION, NAMELY, THE SALARY APPLICABLE TO THE DEPARTMENTAL POSITION TO WHICH HE WAS ASSIGNED AND IN WHICH HE WAS SERVING ON THE DATE OF HIS SEPARATION.

THE FOREGOING IS FOR APPLICATION IN ALL CASES IN WHICH THE ASSIGNMENT TO DEPARTMENTAL DUTIES PLUS THE PERIOD COVERED BY THE LUMP SUM LEAVE PAYMENT DOES NOT EXCEED THE FOUR YEAR LIMITATION IN SECTION 571 (A) UPON DEPARTMENTAL ASSIGNMENTS. IF THE FOUR YEAR PERIOD SHOULD EXPIRE DURING THE LUMP-SUM LEAVE PERIOD COMPENSATION FOR THE REMAINDER OF THE LEAVE PERIOD SHOULD BE LIMITED TO THE RATE OF COMPENSATION ATTACHED TO HIS FOREIGN SERVICE POSITION.