B-124720, DEC. 29, 1960

B-124720, DEC. 29, 1960

TO CHIEF CLERK, UNITED STATES COURT OF CLAIMS:

WE REFER TO YOUR REQUEST ON NOVEMBER 4, 1960, FOR OUR COMPUTATION OF THE AMOUNT DUE PLAINTIFF UNDER THE COURT'S DECISION OF NOVEMBER 2, IN THE ABOVE-ENTITLED CAUSE.

THE COURT HELD THAT PLAINTIFF WAS ENTITLED TO RECOVER BACK PAY FROM JULY 6, 1953, THE DATE OF HIS SEPARATION FROM SERVICE AS AN EMPLOYEE OF THE RECONSTRUCTION FINANCE CORPORATION, TO DATE OF JUDGMENT, AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF SEPARATION, PLUS LEGISLATIVE AND PERIODIC STEP INCREASES. IT WAS ALSO HELD THAT PLAINTIFF IS ENTITLED "TO RECOVER ANY ANNUAL LEAVE WHICH WOULD HAVE ACCRUED TO HIM DURING THIS PERIOD.'

THE PLAINTIFF'S ATTORNEY CALLED IN PERSON AT OUR OFFICE AND SUGGESTED THAT THE DATE OF THE COURT'S DECISION BE TAKEN AS THE DATE OF JUDGMENT FOR PURPOSES OF OUR COMPUTATION. WE HAVE MADE THE ATTACHED COMPUTATION OF BACK PAY ON THAT BASIS.

WE ARE UNABLE TO FURNISH A COMPUTATION OF THE MONETARY EQUIVALENT FOR ANNUAL LEAVE, SINCE ANNUAL LEAVE HAS NO SET VALUE SEPARATE AND APART FROM A FIXED SALARY RATE WHICH WOULD HAVE BEEN PAYABLE OVER A SPECIFIC PERIOD OF TIME (CF. 5 U.S.C. 1958 ED., 61 (B) (, AND SINCE THE COURT'S DECISION DOES NOT SPECIFY THE SALARY RATE OR FIX THE POINT IN TIME AT WHICH THE PROJECTION OF ANNUAL LEAVE IS TO COMMENCE. HOWEVER, WE ARE ATTACHING A TABULATION WITH EXPLANATORY FOOTNOTES, REPRESENTING A RECONSTRUCTION OF PLAINTIFF'S ANNUAL LEAVE ACCOUNT. COLUMN (4) SHOWS THE AMOUNT OF ANNUAL LEAVE WHICH, BECAUSE OF STATUTORY CEILINGS ON THE ACCUMULATION OF LEAVE, COULD NOT BE CREDITED IN THE EVENT OF PLAINTIFF'S REINSTATEMENT.

T. MICHAEL SMITH V. THE UNITED STATES, CT.CL.NO. 261-55, DECISION DATED NOVEMBER 2, 1960

TABULATION OF ANNUAL LEAVE ACCRUAL, ETC.

TABLE

(1) (2) (3) (4)

1) NOT CREDITABLE

AT BEGINNING OF

1) ACCUMULATION AT SUCCEEDING LEAVE

BEGINNING OF 2) ACCRUAL FOR YEAR BECAUSE OF

LEAVE YEAR LEAVE YEAR STATUTORY CEILING

LEAVE YEAR (HOURS) (HOURS) (HOURS)

1953 ( 7/5/53 -

1/2/54 ( 3/13 208 ---

1954 ( 1/3/54 -

1/1/55 ( 221 208 189

1955 ( 1/2 -

12/31/55 ( 240 208 208

1956 ( 1/1/56 -

1/12/57 ( 240 4) 216 216

1957 ( 1/13/57 -

1/11/58 ( 240 208 208

1958 ( 1/12/58 -

1/10/59 ( 240 208 208

1959 ( 1/11/59 -

1/9/60 ( 240 208 208

1960 5) ( 1/10 -

10/29/60 ( 240 168 6) ---

7/1,237

1) 5 U.S.C. 2062 (C). (30 DAYS EQUALS 240-HOUR CEILING.)

2) 5 U.S.C. 2062 (A) (3). (PLAINTIFF HAD MORE THAN 15 YEARS' SERVICE.)

3) LEAVE CREDIT ON DATE OF SEPARATION FOR WHICH LUMP-SUM PAYMENT WAS MADE BUT WHICH IS RECREDITABLE UPON RECOUPMENT OF PAYMENT. SEE FOOTNOTE 7 "COMPUTATION OF BACK PAY.'

4) 27 PAY PERIODS, RATHER THAN THE USUAL 26, OCCURRED DURING THIS LEAVE YEAR.

5) 21 COMPLETE PAY PERIODS PRIOR TO DATE OF COURT'S DECISION.

6) ACCRUAL FOR THE 1960 LEAVE YEAR NOT INCLUDED SINCE THE STATUTORY CEILING DOES NOT OPERATE UNTIL THE END OF THE YEAR. 40 HOURS ACCRUE FROM OCTOBER 30, 1960, TO JANUARY 7, 1961.

7) TOTAL ABOVE-CEILING LEAVE, SUBJECT TO DISPOSITION OF FOOTNOTE 6.

T. MICHAEL SMITH V. THE UNITED STATES, CT.CL.NO. 261-55,

DECISION DATED NOVEMBER 2, 1960 COMPUTATION OF BACK PAY

TABLE

BASE PAY RETIREMENT INSURANCE

7/7/53 - 8/1/53 AT $7,640 $ 558.09 - $ 33.48 - $ 1) 8/2/53 - 1/29/55 AT 7,840 11,760.06 - 705.51 - 22.00 2) 1/30/55 - 3/12/55 AT 8,040 927.69 - 55.65 -

6.75 3) 3/13/55 - 1/11/58 AT 8,645 24,605,00 - 1,531.08 - 166.50 4) 1/12/58 - 2/8/58 AT 9,530 734,40 - 47.74 - 5.00 5) 2/9/58 - 7/9/60 AT 9,770 23,688.00 - 1,539.72 - 157.50 6) 7/10/60 - 11/2/60 AT 10,515 3,359.84 - 218.37 - 24.75

$65,633.08 $4,131.55 $382.50 7) LESS LUMP-SUM

LEAVE PAYMENT 47.71

$65,585.37 1) PERIODIC STEP INCREASE (EFFECTIVE DATE POSTPONED ACCOUNT 246 HOURS'

LEAVE WITHOUT PAY SINCE LAST INCREASE, 12/23/51 ). FEDERAL EMPLOYEES

GROUP LIFE INSURANCE ACT OF 1954 EFFECTIVE AUGUST 29, 1954, PER

5 C.F.R. 37.3. 2) PERIODIC STEP INCREASE. 3) FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1955. RETIREMENT DEDUCTION

INCREASED TO 6 1/2 PERCENT EFFECTIVE OCTOBER 7, 1956, 5 U.S.C. 2254. FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958. 5) LONGEVITY STEP INCREASE. 6) FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1960. 7) SEE FOOTNOTE 3,"TABULATION OF ANNUAL LEAVE ACCRUAL, ETC.' ..END :