B-98570, OCTOBER 13, 1950, 30 COMP. GEN. 157
Highlights
ANY ANNUAL LEAVE USED OR LIQUIDATED BY A LUMP-SUM PAYMENT PRIOR TO THAT DATE IS NOT AFFECTED THEREBY. 1950: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3. ON WHICH ARE PROPOSED LUMP-SUM PAYMENTS OF THAT PORTION OF THE SAID EMPLOYEES' CURRENT ACCRUED ANNUAL LEAVE WHICH WAS EARNED BY THEM DURING THE FIRST SEVEN MONTHS OF THE CALENDAR YEAR 1950. IT WAS HELD. " AND THAT SAID PROVISION APPLIES "WITH EQUAL FORCE TO LUMP-SUM PAYMENTS AND SALARY PAYMENTS WHILE EMPLOYEES ARE IN AN ANNUAL LEAVE STATUS.'. SINCE THE RESTRICTION IS UPON THE PAYMENT FOR 1950 ANNUAL LEAVE UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30. ANY ANNUAL LEAVE USED OR LIQUIDATED BY A LUMP SUM PAYMENT PRIOR TO SUCH DATE IS NOT AFFECTED THEREBY.
B-98570, OCTOBER 13, 1950, 30 COMP. GEN. 157
LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - EFFECT OF RESTRICTION IN GENERAL APPROPRIATION ACT, 1951, UPON LEAVE PAYMENTS THE RESTRICTION IN SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, UPON PAYMENT FOR ANNUAL LEAVE EARNED BY A CIVILIAN OFFICER OR EMPLOYEE DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951, DOES NOT BECOME OPERATIVE UNTIL AFTER THAT DATE AND, THEREFORE, ANY ANNUAL LEAVE USED OR LIQUIDATED BY A LUMP-SUM PAYMENT PRIOR TO THAT DATE IS NOT AFFECTED THEREBY.
COMPTROLLER GENERAL WARREN TO G. W. CUNNINGHAM, TREASURY DEPARTMENT, OCTOBER 13, 1950:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1950, FORWARDING A PAY ROLL VOUCHER IN FAVOR OF JOHN H. BAUER AND JOHN FAULKNER, EMPLOYEES OF THE BUREAU OF NARCOTICS WHO RESIGNED DURING JULY 1950, ON WHICH ARE PROPOSED LUMP-SUM PAYMENTS OF THAT PORTION OF THE SAID EMPLOYEES' CURRENT ACCRUED ANNUAL LEAVE WHICH WAS EARNED BY THEM DURING THE FIRST SEVEN MONTHS OF THE CALENDAR YEAR 1950, AND REQUESTING TO BE ADVISED WHETHER, IN VIEW OF THE PROVISIONS OF SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, PUBLIC LAW 759, APPROVED SEPTEMBER 6, 1950, 64 STAT. 768, THE SAID VOUCHER LEGALLY MAY BE CERTIFIED FOR PAYMENT.
THE REFERRED-TO STATUTE PROVIDES, IN PART, THAT---
NO PART OF THE FUNDS OF, OR AVAILABLE FOR EXPENDITURE BY ANY CORPORATION OR AGENCY INCLUDED IN THIS ACT, INCLUDING THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, SHALL BE AVAILABLE TO PAY FOR ANNUAL LEAVE ACCUMULATED BY ANY CIVILIAN OFFICER OR EMPLOYEE DURING THE CALENDAR YEAR 1950 AND UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951 * * *.
IN OFFICE DECISION OF SEPTEMBER 29, 1950, B-98189, 30 COMP. GEN. 128, IT WAS HELD, INTER ALIA, THAT THE ABOVE-QUOTED PROVISION CONSTITUTES "A PERMANENT RESTRICTION UPON PAYMENTS FOR ANNUAL LEAVE EARNED BY CIVILIAN OFFICERS OR EMPLOYEES OF THE GOVERNMENT DURING THE CALENDAR YEAR 1950 AND UNUSED BY JULY 1, 1951," AND THAT SAID PROVISION APPLIES "WITH EQUAL FORCE TO LUMP-SUM PAYMENTS AND SALARY PAYMENTS WHILE EMPLOYEES ARE IN AN ANNUAL LEAVE STATUS.' SINCE THE RESTRICTION IS UPON THE PAYMENT FOR 1950 ANNUAL LEAVE UNUSED AT THE CLOSE OF BUSINESS ON JUNE 30, 1951, IT ACTUALLY DOES NOT BECOME OPERATIVE UNTIL AFTER THAT DATE; HENCE, ANY ANNUAL LEAVE USED OR LIQUIDATED BY A LUMP SUM PAYMENT PRIOR TO SUCH DATE IS NOT AFFECTED THEREBY.
ACCORDINGLY, THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF IT IS OTHERWISE CORRECT.