B-111373, NOV. 18, 1955
Highlights
YOU STATE THAT YOU WERE FINALLY SEPARATED FROM THE GOVERNMENT SERVICE OCTOBER 31. ANNUAL LEAVE NOT GRANTED PRIOR TO SEPARATION FROM THE SERVICE WAS FORFEITED AND NO PAYMENT THEREFOR WAS AUTHORIZED. AUTHORIZED PAYMENT IN A LUMP-SUM FOR THE ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT WHEN FINALLY SEPARATED FROM THE SERVICE THAT ACT WAS NOT RETROACTIVE AND AFFORDED NO BENEFITS TO THOSE EMPLOYEES SEPARATED FROM THE SERVICE PRIOR TO ITS DATE. YOUR PRESENT REQUEST IS WITHOUT LEGAL BASIS AND MUST BE DENIED.
B-111373, NOV. 18, 1955
TO MR. R. C. CARMICAL:
YOUR LETTER OF OCTOBER 13, 1955, CONCEDES THE CORRECTNESS OF OUR ACTION IN REQUIRING COLLECTION FROM YOU OF ONE OF THE TWO SALARIES RECEIVED BY YOU COVERING THE SAME PERIOD OF TIME JUNE 13 TO AUGUST 4, 1944, CONTRARY TO THE DUAL COMPENSATION LAWS. HOWEVER, YOU NOW REQUEST PAYMENT FOR THE ANNUAL LEAVE COVERING THE INVOLVED PERIOD. YOU STATE THAT YOU WERE FINALLY SEPARATED FROM THE GOVERNMENT SERVICE OCTOBER 31, 1944.
PRIOR TO DECEMBER 21, 1944, ANNUAL LEAVE NOT GRANTED PRIOR TO SEPARATION FROM THE SERVICE WAS FORFEITED AND NO PAYMENT THEREFOR WAS AUTHORIZED. WHILE THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AUTHORIZED PAYMENT IN A LUMP-SUM FOR THE ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT WHEN FINALLY SEPARATED FROM THE SERVICE THAT ACT WAS NOT RETROACTIVE AND AFFORDED NO BENEFITS TO THOSE EMPLOYEES SEPARATED FROM THE SERVICE PRIOR TO ITS DATE. ACCORDINGLY, YOUR PRESENT REQUEST IS WITHOUT LEGAL BASIS AND MUST BE DENIED.